[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Notices]
[Pages 78395-78397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22038]


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DEPARTMENT OF AGRICULTURE

Forest Service


Oil and Gas Leasing EIS on Lands Administered by the Dixie 
National Forest

AGENCY: Forest Service, USDA and Bureau of Land Management, USDI.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Forest Supervisor of the Dixie National Forest gives 
notice of the intent to prepare an environmental impact statement (EIS) 
to document the analysis and disclose the environmental and human 
effects of oil and gas leasing on lands administered by the Dixie 
National Forest. The Federal Onshore Oil and Gas Leasing Reform Act of 
1987 requires the Forest Service to evaluate National Forest System 
lands for potential oil and gas leasing.
    The EIS would analyze all lands with a federally-owned mineral 
estate within the Dixie National Forest.
    As the agency responsible for lease issuance and administration, 
the Bureau of Land Management (BLM) will participate as a cooperating 
agency.

DATES: Comments concerning the scope of the analysis should be received 
within 30 days from date of publication of this notice in the Federal 
Register to be most useful. The draft environmental impact statement is 
expected winter 2007/2008, and the final environmental impact statement 
is expected summer 2008.

ADDRESSES: Susan Baughman, Oil and Gas Leasing Project Manager, Dixie 
National Forest, 1789 N. Wedgewood Lane, Cedar City, Utah 84720; phone: 
(435) 865-3703; fax: (435) 865-3791; e-mail: [email protected]. E-mailed comments must be submitted in MS Word 
(*.doc) or rich text format (*.rtf) and should include the project name 
in the subject line. Written comments may also be submitted at the 
above address during regular business hours of 8 a.m. to 5 p.m., 
Monday-Friday.

FOR FURTHER INFORMATION CONTACT: Susan Baughman, Oil and Gas Leasing 
Project Manager, Dixie National Forest, 1789 N. Wedgewood Lane, Cedar 
City, Utah 84720; phone: (435) 865-3703.

SUPPLEMENTARY INFORMATION: The EIS analysis area includes the entire 
Dixie National Forest (approximately 1,710,677 acres), with the 
exception of designated wilderness areas (approximately 82,840 acres) 
for a total study area of approximately 1,627,837 acres.
    The Department of Interior, BLM, acts as the onshore leasing agent 
for the Federal government. The Federal Onshore Oil and Gas Leasing 
Reform Act of 1987 states that the BLM cannot lease over the objection 
of the Forest Service and authorizes the Forest Service to regulate all 
surface disturbing activities conducted pursuant to a lease. Therefore, 
the Forest Service has established an incremental decision-making 
framework for the consideration of oil and gas leasing activities on 
National Forest System lands. In general, the various steps that are 
undertaken are: (1) Forest Service leasing analysis; (2) Forest Service 
notification to BLM of lands administratively available for leasing; 
(3) Forest Service review and verification of BLM leasing proposals; 
(4) BLM assessment of Forest Service conditions of surface occupancy; 
(5) BLM offers lease; (6) BLM issues lease;

[[Page 78396]]

(7) Forest Service review and approval of lessee's surface use plan of 
operations; (8) BLM review and approval of lessee's application for 
permit to drill; and (9) ensure final reclamation.
    Based upon the Forest Service leasing analysis (step 1 from above), 
the Forest Service decides whether or not lands will be available for 
leasing and decides under what conditions (stipulations) the leases 
will be issued. This EIS will fulfill this step.

Purpose and Need for Action

    The purpose of the proposed action is to complete a forest-wide 
leasing analysis, to comply with the Federal Onshore Oil and Gas 
Leasing Reform Act of 1987. This requires the Forest Service to analyze 
lands under its jurisdiction that are legally available for leasing to 
meet the federal regulatory requirements of 36 CFR 228.102 and in 
accordance with the National Environmental Policy Act of 1969. The need 
is to be responsive to requests for oil and gas leasing on the Dixie 
National Forest.
    Since the Federal Onshore Oil and Gas Leasing Reform Act of 1987 
was signed into law, no new oil and gas leases have been authorized on 
the Dixie National Forest. However the oil and gas industry continued 
to express interest in leasing and interest has recently escalated due 
to the increased demand for oil and gas, high prices, and discoveries 
of oil and gas reserves in other areas with similar geologic 
conditions. The BLM Utah State Office has received numerous written 
expressions of interest for leasing portions of the Dixie National 
Forest over the past several years.

Proposed Action

    The Forest Supervisor of the Dixie National Forest and Utah State 
Director, Bureau of Land Management propose to conduct the analysis and 
decide which lands to make available for oil and gas leasing. The 
analysis area includes lands administered by the Dixie National Forest. 
As part of the analysis, the Forest Service will identify areas that 
would be available for leasing subject to the terms and conditions of 
the standard oil and gas lease form, or subject to constraints that 
would require the use of lease stipulations such as those prohibiting 
surface occupancy. The analysis will also: (1) Identify alternatives to 
the proposed action, including that of not allowing leasing (no 
action), (2) project the type/amount of post-leasing activity that is 
reasonably foreseeable, (3) analyze the reasonably foreseeable impacts 
of projected post-leasing activity [36 CFR 228.102(c)], and (4) be used 
to develop an amendment to the Forest Plan if necessary.

Possible Alternatives

    All alternatives studied in detail must fall within the scope of 
the purpose and need for action and will generally tier to and comply 
with the Dixie Forest Plan. Law requires evaluation of a ``no-action 
alternative.'' Under the No Action/No Lease alternative, no oil and gas 
leasing would occur. Alternatives to be evaluated would range from the 
No Action/No Lease alternative (most restrictive) to the Standard Lease 
Terms alternative (least restrictive) where all lands legally open to 
leasing would be made administratively available for leasing with only 
the standard BLM terms and conditions contained on BLM Lease Form 3100-
11. Other alternatives which fall somewhere between the No Action/No 
Leasing alternative and Lease with Standard Terms alternative would 
also be developed and evaluated, which would involve making some lands 
unavailable for leasing and other lands available for leasing with 
lease stipulations for the protection of other resources and interests.
    The Forest is expecting that the public input will generate either 
thematic concerns or area-specific issues that may be addressed by 
modifying the proposed action to create a new alternative or 
alternatives.

Lead and Cooperating Agencies

    The Forest Service is the lead agency. The Bureau of Land 
Management and State of Utah will participate as cooperating agencies.

Responsible Officials

    Kevin Schulkoski, Acting Forest Supervisor, Dixie National Forest, 
1789 N. Wedgewood Lane, Cedar City, Utah, 84720.

Nature of Decision To Be Made

    The Forest Supervisor, Dixie National Forest, will decide which 
lands with federal mineral ownership administered by the Dixie National 
Forest will be administratively available for oil and gas leasing, 
along with associated conditions or constraints for the protection of 
non-mineral interests [36 CFR 228.102(d)]. The Forest Supervisor will 
also authorize the BLM to offer specific lands for lease, subject to 
the Forest Service ensuring that the required stipulations are attached 
to the leases [36 CFR 228.102(e)]. The Forest Service proposes to amend 
the Forest Plan to incorporate the leasing decision and other site-
specific changes as indicated in the analysis.
    The BLM is responsible for issuing and administration of oil and 
gas leases under the Mineral Leasing Act of 1920, as amended, and 
Federal Regulations in 43 CFR 3101.7. The BLM Utah State Director must 
decide whether or not to offer for lease specific lands authorized for 
leasing by the Dixie National Forest and with what stipulations.

Scoping Process

    The first formal opportunity to comment on the Dixie National 
Forest Oil and Gas Leasing Analysis Project is during the scoping 
process (40 CFR 1501.7), which begins with the issuance of this Notice 
of Intent.
    Mail comments to: Susan Baughman, Oil and Gas Leasing Project 
Manager, Dixie National Forest, 1789 N. Wedgewood Lane, Cedar City, 
Utah 84720. The Forest Service requests comments on the nature and 
scope of the environmental, social, and economic issues, and possible 
alternatives related to oil and gas leasing on lands administered by 
the Dixie National Forest.
    A series of public opportunities are scheduled to describe the 
proposal and to provide an opportunity for public input. Three scoping 
meetings are planned:
    January 16: 5 p.m. to 7 p.m., Best Western Abbey Inn, 1129 South 
Bluff, St. George, Utah.
    January 17: 11 a.m. to 2 p.m., 5 p.m. to 7 p.m., Cannonville 
Visitor Center, 10 Center Street, Cannonville, Utah.
    January 18: 5 p.m. to 7 p.m., Heritage Center, 105 North 100 East, 
Cedar City, Utah. Written comments will be accepted at these meetings. 
The Forest Service will work with tribal governments to address issues 
that would significantly or uniquely affect them.

Preliminary Issues

    Issues that may be analyzed in all alternatives include: the 
socioeconomic effects of oil and gas leasing and subsequent activities; 
effects on terrestrial and aquatic flora and fauna, including 
threatened and endangered species, sensitive species, and management 
indicator species; effects on both developed and dispersed recreation; 
effects on air resources; effects on water resources, including 
wetlands, floodplains, riparian areas, culinary and municipal water 
systems, and groundwater; effects on visual resources; effects of 
leasing stipulations and mitigation measures on oil and gas exploration 
and development activity; effects on soils and geologic hazards;

[[Page 78397]]

effects on cultural and traditional heritage resources; effects on 
transportation; effects on upland vegetation; effects on riparian 
vegetation; effects on inventoried roadless areas; effects on other 
mineral resource extraction activities; and effects on noxious weeds 
and invasive species. Specific issues will be developed through review 
of public comments and internal review.

Comment Requested

    This Notice of Intent initiates the scoping process which guides 
the development of the environmental impact statement. The Forest has 
also received substantial input at public meetings held for the Forest 
Plan revision, including issues relative to mineral exploration and 
development. Through these efforts the Forest has an understanding of 
the broad range of perspectives on the resource issues and social 
values attributed to resource activities on the Dixie National Forest. 
Consequently site-specific comments or concerns are the most important 
types of information needed for this EIS. Because the Oil and Gas 
Leasing EIS is a stand-alone document, only public comment letters 
which address relevant issues and concerns will be considered and 
formally addressed in an appendix in the final environmental impact 
statement.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement will be prepared for 
comment. The comment period on the draft environmental impact statement 
is expected to be 45 days from the date the Environmental Protection 
Agency publishes the notice of availability in the Federal Register. 
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 an agency to the reviewer's position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement 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. Wis. 1980). Because of these court rulings, 
it is very important that those interested in this proposed action 
participate by the providing comments during the scoping comment period 
and during the comment period following the draft EIS so that 
substantive comments and objections are made available to the Forest 
Service at a time when it can meaningfully consider them and respond to 
them in the final environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments should be as specific as 
possible. 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 their 
points.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21).

    Dated: December 19, 2006.
Kevin R. Schulkoski,
Acting Forest Supervisor.
 [FR Doc. E6-22038 Filed 12-28-06; 8:45 am]
BILLING CODE 3410-11-P