[Federal Register Volume 69, Number 134 (Wednesday, July 14, 2004)]
[Notices]
[Pages 42201-42203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15879]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WY-040-1610-DT]


Notice of Availability of the Final Environmental Impact 
Statement for the Jack Morrow Hills Coordinated Activity Plan and 
Proposed Green River Resource Management Plan Amendment, Wyoming

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of availability of the final environmental impact 
statement (FEIS) for the Jack Morrow Hills Coordinated Activity Plan 
(JMH CAP), and proposed Resource Management Plan (RMP) amendment.

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

SUMMARY: The Bureau of Land Management (BLM), in cooperation with the 
State of Wyoming, county governments, and conservation districts 
located within the planning area, announces the availability of the 
FEIS for the JMH CAP and Proposed Plan Amendment to the Green River RMP 
(1997). The FEIS documents the direct, indirect, and cumulative 
environmental impacts from the proposed CAP for the Jack Morrow Hills 
area within Sweetwater, Fremont, and Sublette Counties, Wyoming. The 
CAP will provide multiple use management direction for a variety of 
resource uses including energy resource development, recreational 
activities, livestock grazing, important wildlife habitat, cultural 
resources, special management areas (including areas of critical 
environmental concern), and other important resources and land uses in 
the planning area. The planning area encompasses approximately 622,000 
acres, of which 585,000 acres are public land surface and Federal 
mineral estate administered by the BLM through its field office in Rock 
Springs, Wyoming.
    Cooperating agencies under the National Environmental Protection 
Act (NEPA) in the preparation of the FEIS included the State of Wyoming 
and the following local Wyoming government entities: Sublette County, 
Popo Agie Conservation District, Sublette County Conservation District, 
Sweetwater County Conservation District, Fremont County, and Sweetwater 
County.
    BLM published the Supplemental Draft Environment Impact Statement

[[Page 42202]]

(SDEIS) for the JMH CAP area on February 14, 2003, and made it 
available for a 90-day public review and comment period. The 
distribution list included the agencies, companies, organizations and 
individuals that had expressed an interest during scoping. During the 
SDEIS review period, the BLM held public meetings in Rock Springs and 
Lander, Wyoming, to provide the public an opportunity to submit oral 
and written comments. All comments presented throughout the process 
have been considered during the preparation of the Final EIS.

DATES: The JMH CAP FEIS and Proposed Green River RMP Amendment will be 
available for review for 30 calendar days from the date the 
Environmental Protection Agency (EPA) publishes its Notice of 
Availability (NOA) in the Federal Register. Under the provisions of 43 
Code of Federal Regulations (CFR) 1610.5-2, protests of the proposed 
BLM Green River RMP amendment must be filed with the BLM Director in 
accordance with instructions in the FEIS and in the Supplemental 
Information section of this notice. Protests of the proposed amendment 
to the Green River RMP will be accepted no later than 30 calendar days 
from the date the EPA publishes its NOA in the Federal Register.

ADDRESSES: A copy of the FEIS has been sent to affected Federal, State, 
and local government authorities, and to other interested parties. The 
document will be available electronically on the following Web site: 
www.wy.blm.gov/jmhcap.
    Copies of the FEIS are available for public inspection at the 
following BLM office locations:
     Bureau of Land Management, Wyoming State Office, 5353 
Yellowstone Road, Cheyenne, Wyoming 82009.
     Bureau of Land Management, Rock Springs Field Office, 280 
Highway 191 North, Rock Springs, Wyoming 82901.
     Bureau of Land Management, Lander Field Office, 1335 Main 
Street, Lander, Wyoming 82520.

FOR FURTHER INFORMATION CONTACT:  Michael R. Holbert, Field Manager, or 
Renee Dana, Jack Morrow Hills CAP Team Leader, Bureau of Land 
Management, Rock Springs Field Office, 280 Highway 191 North, Rock 
Springs, Wyoming 82901, 307-352-0256.

SUPPLEMENTARY INFORMATION: The FEIS analyzes five alternatives, 
including the no action alternative, ranging from preservation to full 
resource development. The alternatives provide and analyze specific 
management goals and objectives for the JMH CAP area. The approved CAP 
will include land and resource management decisions for fluid mineral 
leasing and mineral location that were deferred in the 1997 Green River 
RMP. The analysis conducted for the JMH CAP FEIS may be used to modify 
mineral decisions for the balance of the Green River RMP planning area. 
Consistent with regulations at 43 CFR 1610.5-5, modification or 
revision of mineral decisions made in the Green River RMP will require 
an amendment to that plan.
    The BLM prepared and focused the impact analyses in the JMH CAP 
FEIS based on issues raised by the public during preparation of the 
Green River RMP and during the public scoping process for the CAP. The 
FEIS describes the physical, biological, cultural, historical, and 
socioeconomic resources in and surrounding the planning area. The JMH 
CAP provides management direction for the protection of important 
resources (e.g., desert elk and other big game habitat, unique sand 
dune-mountain shrub habitat, stabilized sand dunes), while allowing for 
appropriate levels of leasing and development of energy resources, 
recreational activities, livestock grazing, and other public land and 
resource uses.
    In addition, the JMH CAP FEIS includes use of a monitoring, 
evaluation, and implementation management approach. Based on monitoring 
of impacts, BLM proposes to adjust, as needed, management of 
transportation planning, off-highway-vehicular use designations, 
livestock grazing practices, recreational activities, rights-of-way 
corridors and avoidance areas, and prescriptions for managing wildlife 
habitat.
    Of the 585,000 acres of Federal mineral estate administered by the 
BLM in the JMH planning area, 85,000 acres are within the core area 
where the Green River RMP fluid mineral leasing and mineral location 
decisions were deferred in 1997. The JMH CAP planning area includes the 
Steamboat Mountain, Greater Sand Dunes, Oregon Buttes, and White 
Mountain Petroglyphs Areas of Critical Environmental Concern (ACEC). 
Seven Wilderness Study Areas (WSAs) and part of the South Pass Historic 
Landscape ACEC are also located in the planning area.
    Proposed Plan: The BLM's Proposed Plan for the JMH CAP provides 
opportunities to use and develop the planning area by providing a 
balance of uses. The Proposed Plan comprises a complementary mix of 
appropriate elements from each alternative; however, the Proposed Plan 
also contains management actions (including an implementation, 
monitoring, and evaluation strategy) that were not a component of any 
of the other alternatives. As part of this implementation, monitoring 
and evaluation management strategy, portions of the planning area would 
be available for development and other surface disturbance activities, 
following NEPA analysis and the identification of appropriate 
mitigation. Other portions of the planning area would remain 
unavailable to new fluid mineral leasing. Boundaries of one existing 
ACEC would be expanded to protect sensitive resources.
    No Action Alternative: The No Action Alternative is defined as a 
continuation of the present course of management until that management 
is changed. Ongoing programs initiated under existing legislation and 
regulations and the Green River RMP (1997) would continue. This 
alternative describes the current resource and land management 
direction for the JMH CAP planning area represented by the decisions 
stated in the Green River RMP, which provides for multiple use 
management of public lands and resources to meet foreseeable needs. No 
additional lands would be considered for leasing for fluid minerals in 
what is known as the ``core'' area, and there would not be any changes 
proposed for ACECs. Oil and gas lease suspensions would be lifted to 
allow for a resumption of oil and gas development activity on existing 
leases in the JMH planning area, including the core area.
    Alternative 1--Development: Alternative 1 provides for expanded 
opportunities to use and develop the planning area. Alternative 1 
emphasizes mineral development, allowing for new leases and permits for 
oil and gas and for mineral development throughout the planning area, 
consistent with existing laws and regulatory requirements and statutory 
withdrawals and closures. Additional lands would be considered for 
fluid mineral leasing in the JMH planning area, including the core 
area, and there would not be any changes proposed for ACECs.
    Alternative 2--Preservation: Alternative 2 emphasizes opportunities 
to preserve and protect the planning area while reducing development 
opportunities. The alternative focuses on improving and protecting 
habitat for wildlife and sensitive plant and animal species; improving 
riparian areas and water quality; and protecting historic, cultural, 
and Native American sites. Boundaries of existing ACECs would be 
expanded to protect sensitive resources, and additional ACECs and 
Research Natural Area designations would be pursued. Additional lands 
would not be

[[Page 42203]]

considered for fluid mineral leasing within the JMH planning area, 
including the core area. While some development or activities could 
occur in specific portions of the planning area with appropriate 
mitigation measures, alternative 2 would not allow development in areas 
with competing resource uses and would close or designate portions of 
the planning area to restrict land uses.
    Alternative 3--Conservation: Alternative 3 provides opportunities 
to use and develop the planning area while ensuring resource 
protection. This alternative would allow development and activities to 
occur throughout the planning area, but emphasizes the protection of 
sensitive resources through appropriate mitigation. Mitigation 
requirements necessary to ensure the protection of sensitive resources 
would be determined through an adaptive management approach to resource 
use and protection. Additional lands would be considered for fluid 
mineral leasing in the JMH planning area, including the core area. 
Boundaries of existing ACECs would be expanded as necessary to protect 
sensitive resources.
    Agency-Preferred Alternative: The BLM's preferred alternative is 
the Proposed Plan.
    Proposed Decisions that would amend the land use plan: The Green 
River RMP (1997) would be amended to include management activities at 
the level analyzed in the FEIS and to adopt the new conditions of use. 
The Proposed Plan also changes oil and gas leasing allocation 
decisions, as these decisions were deferred from the Green River RMP. 
An amendment to the RMP would provide complete and concise descriptions 
of applicable management practices for oil and gas development.
    The resource management planning process includes an opportunity 
for administrative review of proposed land use plan decisions during a 
30-day protest period of the JMH CAP FEIS. Any person who participated 
in the planning process for the JMH CAP EIS and has an interest which 
is, or may be, adversely affected, may protest the JMH CAP FEIS 
proposed land use plan decisions to the BLM Director.
    Ultimately, the BLM State Director's decision whether to adopt, 
reject or modify the proposed RMP amendment will be documented in a 
Record of Decision issued under the authority of the Federal Land 
Policy and Management Act, as codified at 43 CFR part 1610. Decisions 
regarding site-specific implementation activities will be subject to 
further NEPA analysis and appeal, as provided by applicable 
regulations.

How To Submit a Protest

    Publication of this FEIS affords the public the opportunity to 
protest the JMH CAP. Instructions for filing a protest with the 
Director of the BLM regarding the State Director's proposed amendment 
to the Green River RMP may be found at 43 CFR 1610.5. Any person who 
participated in the planning process and has an interest in, or may be 
adversely affected by, the approval of the proposed Plan Amendment may 
protest such approval. A protest may raise only those issues submitted 
for the record during the planning process. The protest must be in 
writing and must be filed with the Director within 30 days from the 
date the EPA publishes the NOA for this FEIS in the Federal Register. 
The protest must contain:
    i. The name, mailing address, telephone number, and interest of the 
person filing the protest;
    ii. A statement of the issue or issues being protested;
    iii. A statement of the part, or parts, of the plan or amendment 
being protested;
    iv. A copy of all documents addressing the issue, or issues, that 
were submitted during the planning process by the protesting party or 
an indication of the date the issue, or issues, were discussed for the 
record; and
    v. A concise statement explaining why the State Director's decision 
is believed to be wrong.
    The Director's decision on the protest will be in writing and will 
set forth the reasons for the decision. The decision will be sent to 
the protesting party by certified mail, return receipt requested. The 
Director's decision is the final decision for the Department of the 
Interior.
    Protest Filing Addresses: Written protests filed by Surface mail: 
U.S. Department of the Interior, Bureau of Land Management, Director 
(210), Attn: Ms. Brenda Williams, Protest Coordinator, P.O. Box 66538, 
Washington, DC 20035. Overnight mail: U.S. Department of the Interior, 
Bureau of Land Management, Director, Protest Coordinator (WO-210), 1620 
L Street, NW., Room 1075, Washington, DC 20036. Electronic mail and 
facsimile protests will be considered only if the protesting party 
provides BLM with the original letter by either regular or overnight 
mail postmarked by the close of the protest period. Until the BLM 
receives the original letter of protest, it will consider the 
electronic or facsimile version as an advance copy. If you wish to 
provide BLM with such advance notification, please direct faxed 
protests to the attention of the BLM protest coordinator at 202-452-
5112, and e-mails to [email protected]. Only original protest letters 
that meet content, delivery, and deadline requirements as described 
above will be considered valid protests.

    Dated: June 23, 2004.
Alan L. Kesterke,
Associate State Director.
[FR Doc. 04-15879 Filed 7-13-04; 8:45 am]
BILLING CODE 4310-22-P