[Federal Register Volume 73, Number 249 (Monday, December 29, 2008)]
[Proposed Rules]
[Pages 79424-79425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30742]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 251

RIN 0596-AC87


Management of National Forest System Surface Resources With 
Privately Held Mineral Estates

AGENCY: Forest Service, USDA.

[[Page 79425]]


ACTION: Advance notice of proposed rulemaking; request for comment.

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

SUMMARY: The Forest Service is preparing to promulgate regulations to 
provide clarity and direction on the management of National Forest 
System surface resources when the mineral estate is privately held.

DATES: Comments must be received in writing by February 27, 2009.

ADDRESSES: Written comments concerning this advance notice of proposed 
rulemaking notice should be addressed to Forest Service, USDA, attn: 
Director, Minerals and Geology Management, at Mail Stop 1126, 
Washington, DC 20250-1126; by electronic mail to [email protected]; or 
by fax to (703) 605-1575; or by the electronic process available at 
Federal e-Rulemaking portal at http://www.regulations.gov. All 
comments, including names and addresses when provided, are placed in 
the record and are available for public inspection and copying. The 
public may inspect comments received at 1601 N. Kent Street, Suite 500, 
Arlington, Virginia 22209 during regular business hours (8:30 a.m. to 4 
p.m.), Monday through Friday, except holidays. Visitors are encouraged 
to call ahead to (703) 605-4792 to facilitate entry to the building.

FOR FURTHER INFORMATION CONTACT: Ivette E. Torres, Liaison Specialist, 
Minerals & Geology Management. Phone Number: (703) 605-4792, or (703) 
615-7813. E-mail: [email protected].
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION: The Forest Service intends to engage in 
rulemaking to provide clarity and direction on the management of the 
National Forest System surface resources when the mineral estate is 
privately held and fulfill the statutory mandate on the Allegheny 
National Forest in Pennsylvania. To that end, it hereby seeks public 
comment on the scope and direction of the intended rulemaking, 
including, but not limited to, the identification of the issues and 
concerns related to private oil and gas development on the Allegheny 
National Forest which would be appropriately considered in this 
rulemaking effort.
    The proposed regulation will clarify and expand policy at 36 CFR 
251.15--Conditions, rules and regulations to govern exercise of mineral 
rights reserved in conveyances to the United States, and be consistent 
with 36 CFR part 251 subpart D--Access to Non-Federal Lands. The 
proposed rulemaking is also intended to fulfill the mandate set forth 
by section 2508 of the Energy Policy Act of 1992, Public Law 102-486, 
106 Stat. 3108-3109, which has been codified at 30 U.S.C. 226(o), 
concerning private oil and gas development on the Allegheny National 
Forest. Section 2508 requires 60-day prior notification and clarifies 
content requirements of the notification. The Forest Service invites 
public comment as it prepares for this rulemaking.

Regulatory Findings

    This advance notice of proposed rulemaking is being issued to 
obtain public comment and provide clarity and direction on the 
management of National Forest System surface resources when the mineral 
estate is privately held, and to fulfill the statutory mandate in 30 
U.S.C. 226(o), regarding the Allegheny National Forest in Pennsylvania. 
The Department is not proposing any specific approaches for managing 
non-Federal lands; there are no regulatory findings associated with 
this notice. Comments received will help the Department determine the 
extent and scope of any future rulemaking.

Conclusion

    The Department of Agriculture is considering how best to proceed 
with engaging the public in identifying with issues and concerns 
related to private oil and gas developments on the Allegheny National 
Forest. Through this advance notice of proposed rulemaking, the 
Department is seeking public input as responses to concerns about the 
management of National Forest System surface resources when the mineral 
estate is privately held. Public input and comment will help inform the 
Department's consideration of how best to proceed with long-term uses 
and management of these areas. How the Department ultimately addresses 
the final rule will depend on a number of factors. These include court 
decisions, public comments, and practical options for amending the 
current rule, an EIS or both, using other administrative tools to 
implement land uses and access to non-Federal lands.

    Dated: December 17, 2008.
Sally D. Collins,
Associate Chief.
 [FR Doc. E8-30742 Filed 12-24-08; 8:45 am]
BILLING CODE 3410-11-P