[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Notices]
[Pages 59881-59883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22442]


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DEPARTMENT OF AGRICULTURE

Forest Service


Southwestern Region, Arizona, New Mexico, West Texas and 
Oklahoma: Proposed Forest Plan Amendment to the Land and Resource 
Management Plan for Natural Gas Resource Development and Leasing 
Decision on Jicarilla Ranger District, Carson National Forest, Rio 
Arriba County, NM; Additional Filings

AGENCY: Forest Service, USDA.

ACTION: Revised notice of intent to prepare an environmental impact 
statement.

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SUMMARY: The USDA Forest Service initially published a Notice of Intent 
in the Federal Register (67 FR 52706-52709, August 13, 2002) for the 
Proposed Surface Management of Natural Gas Resource Development 
Environmental Impact Statement (EIS) project on the Jicarilla Ranger 
District, Carson National Forest. The Draft EIS (DEIS) for this project 
was released in October 2003. Based on public comments received on the 
DEIS, the Carson Forest Supervisor determined there was a need to 
clarify the Purpose and Need for Action and to modify the Proposed 
Action. This EIS prepared under this Notice of Intent will replace the 
DEIS that was previously prepared.
    The USDA Forest Service will prepare an EIS on a proposal to amend 
the Forest's Land and Resource Management Plan (hereafter called Forest 
Plan) to incorporate standards and guidelines for surface management of 
natural gas resource development on the Jicarilla Ranger District. 
Additionally, the amendment would include the designation of five 
geographical areas as ``Areas of Resource Concerns'' that recognize the 
unique characteristics of each area and would provide area direction on 
how to manage these areas. The amendment would incorporate a decision 
on whether to offer for lease a specified 2,502 acres for which an 
Expression of Interest has been received, and if offered, with what 
stipulations. Finally, the proposal would determine if future unleashed 
acres would be offered for leasing and if leased, identify the 
appropriate surface protection stipulations to be added to the lease.

DATES: Submit comments on or before November 5, 2004.
    The Draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and to be available for public review during 
the winter of 2005. At that time, EPA will publish a Notice of 
Availability of the Draft EIS in the Federal Register. The comment 
period on the Draft EIS will be 45 days from the date the EPA publishes 
the Notice of Availability in the Federal Register. The Final EIS is 
scheduled to be completed in early summer of 2005.

ADDRESSES: Address all comments concerning this notice to the Carson 
National Forest, ATTN: Jicarilla Gas Development EIS, 208 Cruz Alta 
Road, Taos, NM 87571. E-mail comments may be sent to [email protected].

FOR FURTHER INFORMATION CONTACT: David Seesholtz, Forest Planner, 
Carson National Forest, at (505) 758-6210.

SUPPLEMENTARY INFORMATION: The information presented in this notice is 
included to help the reviewer determine if they are interested in or 
potentially affected by the proposed action.

Background

    The Jicarilla Ranger District is located in the northwest portion 
of New Mexico within the San Juan Basin, about 50 miles east of 
Farmington. The district encompasses over 159,000 acres (including over 
6,000 acres of private land) and was incorporated as a part of the 
Carson National Forest in 1910. During the 1940s and 1950s, exploration 
for oil and gas began in the San Juan Basin, and subsequently a highly 
successful natural gas industry developed. Today, natural gas 
production is the prevalent use on the Jicarilla Ranger District. 
Currently ninety-eight percent of the Jicarilla Ranger District is 
leased for mineral development.

Purpose and Need for Action

    The mission of the Forest Service, and specifically the Carson 
National Forest, in relation to minerals management is two-fold: (1) 
Support, facilitate, and administer the orderly exploration, 
development, and production of minerals and energy resources on 
National Forest System Lands to help meet the present and future needs 
of the Nation; while, (2) Simultaneously protecting the environment and 
conserving the natural resource legacy (National Energy Policy, 3-1).
    On the Jicarilla Ranger District this mission is accomplished in a 
variety of

[[Page 59882]]

means depending upon the status of existing mineral rights and 
associated leases. The Reasonable Foreseeable Development Scenario for 
the San Juan Basin (Engler et al. 2001) projects the Forest could 
receive requests to drill almost 700 new wells on the Jicarilla Ranger 
District over the next 20 years. The most recent estimates provided by 
industry indicate a possibility of up to 800 new wells. This would 
result in an increase in well density and the potential to nearly 
double the number of well pads.
    The Forest has identified issues and concerns where additional 
guidance is needed to protect surface resources during the development 
and production of fluid minerals.
    There is a need to amend the forest plan to provide additional 
standard and guidelines for the protection of surface resources in 
regards to leasing and the orderly development of future oil and gas 
production.
    The Forest has identified five geographical areas within the 
Jicarilla Ranger District that exhibit unique environmental 
characteristics and would need area-specific standards and guidelines 
to protect the mixture of resource values associated with each area.
    There is a need to complete a leasing analysis that would identify 
stipulations and conditions that would be applied to all new leases, 
including those that are pending, currently unleased, and any existing 
leases that become available in the future for leasing.
    There is a need to make a lease decision on 2,502 acres for which 
the Carson National Forest has received and expression of interest.
    There is a need to complete a cumulative effects analysis that 
encompasses the existing and future development of oil & gas resources 
on the Jicarilla Ranger District.

Desired Condition

    Since most of the Jicarilla Ranger District is currently leased, 
the desired condition for the Jicarilla Ranger District recognizes the 
leaseholders' existing rights to drill for, extract, remove and market 
gas products. With consideration of lease holder rights, the desired 
condition for the Jicarilla Ranger District is to (1) provide the 
access needed to reach gas resources and meet energy needs of the 
Nation, while (2) productivity of the land for other uses is sustained, 
(3) biodiversity is supported, (4) cultural resources are protected and 
preserved, (5) long-term health of the ecosystem is maintained and, (6) 
minimizing negative impacts to the quality of experience for Forest 
users, due to oil and gas development. Specifically, the Forest wants 
to reduce the impact from the development of oil and gas operations, as 
much as possible, on surface resources.

Proposed Action

    The Forest Service proposes to amend the Forest Plan to provide 
additional guidance for oil & gas development on the Jicarilla Ranger 
District.
    (A) On existing leases these guidelines would be applied, as 
applicable, through Conditions of Approval of the Surface Use Plan of 
Operations.
    (B) For new leases these guidelines would be applied through 
stipulations attached to the new lease and through Conditions of 
Approval.
    (C) The Proposed Action would encourage the use of unconventional 
drilling techniques, such as directional drilling, co-location, and 
twining, to reduce the impact to surface resources.
    (D) The Proposed Action would recognize Bancos Canyon, La Jara 
Canyon, Valencia Canyon, Vaqueros Canyon, and Fierro Canyon and Mesa as 
Areas of Resource Concern. In these areas the feasibility of 
unconventional drilling techniques would be required as part of the 
common plan of development.
    A detailed description of the Proposed action can be accessed via 
the Internet at www.fs.fed.us/r3/carson/.

Scoping Process

    Scoping is a process that identifies the significant issues to be 
analyzed in depth in the environmental impact statement. Public 
meetings were held during the formulation of the original Draft EIS. 
The results from the previous public involvement have helped define the 
new proposed action and purpose & need. No additional formal meetings 
are scheduled at this time. The Forest is willing to host a public 
meeting or a field tour if interest is expressed.

Preliminary Issues and Alternatives

    The Forest Service has developed the proposed action to meet the 
purpose and need for action with the best information available--it is 
not a decision. This proposal is intended to facilitate public 
involvement in identifying pertinent issues, developing meaningful 
alternatives, and analyzing relevant effects.

Lead and Cooperating Agencies

    USDA Forest Service, Carson National Forest will serve as the lead 
agency for this analysis. USDI Bureau of Land Management, Farmington 
Field Office will be considered a cooperating agency on the analysis.

Responsible Official

    The Forest Supervisor, Carson National Forest, is the Responsible 
Official.

Nature of Decision To Be Made

    The Forest Supervisor, as Responsible Official, may decide to: (1) 
Select the proposed action, (2) select one of the alternatives, (3) 
select one of the alternatives after modifying the alternative with 
additional mitigating measures or combinations of activities from other 
alternatives, or (4) select the no action alternative and take no 
action at this time.

Comment Requested

    The Forest Service would like to know of any issues, concerns, and 
suggestions you may have about this proposal. Comments should be as 
fully formed as possible to assist us in the analysis. If you have any 
questions, or if something is unclear, contact David Seesholtz at 
505.758.6210 before submitting your comments.
    Although comments are welcome at any time, they will be most 
effective if received by November 5, 2004. Send comments to: Carson 
National Forest, ATTN: Jicarilla Gas Development EIS, 208 Cruz Alta 
Road, Taos, NM 87571.
    Alternately, e-mail your comments to [email protected].
    Reviewer's Obligation: Comments received in response to this 
solicitation, including names and address of those who comment, will be 
considered part of the public record on this proposed action and will 
be available for public inspection. Comments submitted anonymously will 
be accepted and considered; however, those who submit anonymous 
comments will not have standing to appeal the subsequent decision under 
36 CFR parts 215 or 217. Additionally, pursuant to 7 CFR 1.27(d), any 
person may request the agency to withhold a submission from the public 
record by showing how the Freedom of Information Act (FOIA) permits 
such confidentiality. Persons requesting such confidentiality should be 
aware that, under FOIA, confidentiality may be granted in only very 
limited circumstances, such as to protect trade secrets. The Forest 
Service will inform the requester of the agency's decision regarding 
the request for confidentiality, and where the request is denied, the 
agency will return the submission and notify the requester that the 
comments may be resubmitted with or without name and address within 
seven days.

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    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 the gancy 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 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. Wisc. 1980). Because of these court rulings, it is 
very important that those interested in this proposed action 
participate by the close of the comment period so that substantive 
comments and objections are made available to the Forest Service at the 
time when it can meaningfully consider them and respond to them in the 
final environmental impact statement.
    Authorization: National Environmental Policy Act of 1969 as amended 
(42 U.S.C. 4321-4346); Council on Environmental Quality Regulations (40 
CFR parts 1500-1508); U.S. Department of Agriculture NEPA Policies and 
Procedures (7 CFR part 1b).

    Dated: September 29, 2004.
Martin D. Chavez,
Forest Supervisor, Carson National Forest.
[FR Doc. 04-22442 Filed 10-5-04; 8:45 am]
BILLING CODE 3410-11-M