[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Notices]
[Pages 29463-29464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14545]


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DEPARTMENT OF AGRICULTURE

Forest Service


Allegheny National Forest; Pennsylvania; Transition EIS

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service is proposing to authorize reasonable access 
for site-specific proposals to develop reserved and outstanding mineral 
rights within the Allegheny National Forest, with provisions to 
mitigate impacts to surface resources. We are also proposing to use 
design criteria and a site-specific review process through this 
decision to authorize reasonable access for future site-specific 
proposals to develop reserved and outstanding mineral rights within the 
Allegheny National Forest, with provisions to mitigate impacts to 
surface resources.

DATES: Comments concerning the scope of the analysis must be received 
by August 21, 2009. The draft environmental impact statement is 
expected January 2010, and the final environmental impact statement is 
expected April 2010.

ADDRESSES: Send written comments to Anthony V. Scardina, Allegheny 
National Forest, 4 Farm Colony Drive, Warren, PA 16365. Comments may 
also be sent via e-mail to [email protected], or via 
facsimile to 814-726-1465. Comments sent via email should use the 
subject line ``Transition EIS.''
    Comments received in response to this solicitation, including names 
and addresses of those who comment, will be part of the public record 
for this proposed action. Comments submitted anonymously will be 
accepted and considered; however, anonymous comments may limit the 
respondents ability to participate in subsequent administrative review 
or judicial review.

FOR FURTHER INFORMATION CONTACT: Anthony V. Scardina, Allegheny 
National Forest, 4 Farm Colony Drive, Warren, PA 16365; (814) 728-6115 
or [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 Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: The Allegheny National Forest consists 
largely of land acquired from the private sector via purchase or 
donation. At the time of acquisition, ownership of oil and gas 
resources had often been conveyed to other private parties 
(``outstanding rights''), or reserved by the private seller or donor 
(``reserved rights''). As a result, ninety-three percent of the Forest 
is subject to outstanding or reserved oil and gas rights.
    On April 9, 2009, the Forest Service, Forest Service Employees for 
Environmental Ethics (FSEEE), Allegheny Defense Project, and the Sierra 
Club filed a stipulation of dismissal, based upon a settlement 
agreement, with the U.S. District Court for the Western District of 
Pennsylvania (FSEEE et al. v. Forest Service, 08-323 (W.D. Pa.)). This 
lawsuit challenged the issuance of Notices to Proceed for development 
of reserved and outstanding mineral rights within the Allegheny 
National Forest without preparation of environmental analyses pursuant 
to the National Environmental Policy Act (NEPA) of 1969. The lawsuit 
was dismissed in May 2009.
    Briefly, the settlement filed with the court included the 
processing of 54 oil and gas proposals for a total of 588 wells, 2 
pipelines, and 1 seismic line using current review and approval 
procedures. Furthermore, the settlement established that the 
appropriate level of NEPA be conducted prior to authorization of future 
proposals.
    The Allegheny National Forest is also in the process of preparing a 
supplemental environmental impact statement for the 2007 Forest Plan. 
This process responds to instructions in the February 15, 2008, 
decision by the Chief of the Forest Service on appeals of the Allegheny 
National Forest Revised Land and Resource Management Plan pertaining to 
design criteria associated with the development of reserved and 
outstanding mineral rights within the Allegheny National Forest. 
Information for this process can be found at http://www.fs.fed.us/r9/forests/allegheny/ and by clicking on the link for the ANF 2007 Forest 
Plan Supplemental EIS.

Purpose and Need for Action

    The purpose of this action is to authorize reasonable access for 
forest-

[[Page 29464]]

wide site-specific proposals to develop reserved and outstanding 
mineral rights within the Allegheny National Forest, with provisions to 
mitigate impacts to surface resources. The need to take such action 
includes:
    1. To provide reasonable access to reserved and outstanding mineral 
rights beneath National Forest System lands of the Allegheny National 
Forest.
    2. Mitigating impacts to surface resources of the Allegheny 
National Forest associated with providing reasonable access for 
development of reserved and outstanding mineral rights by applying 
Forest Plan design criteria and site-specific mitigations.

Proposed Action

    The Forest Service is proposing to authorize reasonable access for 
site-specific proposals to develop reserved and outstanding mineral 
rights within the Allegheny National Forest, with provisions to 
mitigate impacts to surface resources.
    We are also proposing to use design criteria and a site-specific 
review process through this decision to authorize reasonable access for 
future site-specific proposals to develop reserved and outstanding 
mineral rights within the Allegheny National Forest, with provisions to 
mitigate impacts to surface resources. We may approve future proposals 
consistent with the design criteria and review process, when and where 
appropriate, pursuant to 40 Code of Federal Regulations (CFR) 1506.3 
and related regulations.
    For purposes of scoping, this proposed action will be consistent 
with standards and guidelines in the 2007 Forest Plan Supplement 
Environmental Impact Statement proposed action.
    The 2007 Forest Plan proposed action standards and guidelines, as 
well as site-specific information such as maps, number of wells, and 
approximate road mileage for the proposed action, can be found at 
http://www.fs.fed.us/r9/forests/allegheny/ and by clicking on the link 
for the Transition EIS.

Possible Alternatives

    Alternatives are likely to include authorization of reasonable 
access for site-specific proposals to develop reserved and outstanding 
mineral rights within the Allegheny National Forest, using the 
alternative standards and guidelines that are being considered as part 
of the current Allegheny National Forest Plan Supplemental 
Environmental Impact process and other site-specific mitigations as 
provisions to mitigate impacts to surface resources. Alternative 
standards and guidelines that are being considered can be found at 
http://www.fs.fed.us/r9/forests/allegheny/ and by clicking on the link 
for the Transition EIS.
    For the purpose of analysis and disclosure of environmental, 
social, and economic effects, denying reasonable access to reserved and 
outstanding mineral rights will serve as the No-action alternative. The 
No-action alternative will only serve as a baseline for comparing 
effects of other alternatives considered, as the Forest Service 
acknowledges that it lacks the legal authority to deny reasonable 
access to reserved and outstanding mineral rights without engaging in a 
taking of private property rights.

Lead and Cooperating Agencies

    The lead agency for this proposal is the USDA Forest Service. The 
U.S. Environmental Protection Agency, U.S. Bureau of Land Management, 
and Pennsylvania Department of Environmental Protection will be invited 
to become cooperating agencies for this proposal.

Responsible Official

    The Responsible Official for the decision is the Allegheny National 
Forest Supervisor, Leanne M. Marten.

Nature of Decision To Be Made

    The decisions to be made by the Forest Supervisor are (1) what 
mitigations, if any, to apply in the authorization of reasonable access 
for site-specific proposals to develop reserved and outstanding mineral 
rights within the Allegheny National Forest; (2) what design criteria, 
review process, and mitigations, if any, to apply in the authorization 
of reasonable access for future site-specific proposals to develop 
reserved and outstanding mineral rights within the Allegheny National 
Forest.

Permits or Licenses Required

    The Forest Service is not required to obtain any permits or 
licenses in order to implement this proposal.

Scoping Process

    This Notice of Intent initiates the scoping process, which guides 
the development of the environmental impact statement. Public comment 
and involvement opportunities for this project can be found at http://www.fs.fed.us/r9/forests/allegheny/. Upon entering this Web site, there 
is a link for the Transition EIS that will provide information 
pertaining to this project.
    It is important that reviewers provide their comments at such times 
and in such manner that they are useful to the agency's preparation of 
the environmental impact statement. Therefore, comments should be 
provided prior to the close of the comment period and should clearly 
articulate the reviewer's concerns and contentions. The submission of 
timely and specific comments can affect a reviewer's ability to 
participate in subsequent administrative appeal or judicial review.

    Dated: June 16, 2009.
Leanne M. Marten,
Forest Supervisor.
[FR Doc. E9-14545 Filed 6-19-09; 8:45 am]
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