[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Notices]
[Pages 37749-37752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15871]


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DEPARTMENT OF AGRICULTURE

Forest Service


White River National Forest, Colorado, Oil and Gas Leasing 
Environmental Impact Statement

AGENCY: Forest Service, USDA.

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

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SUMMARY: The White River National Forest (WRNF) is initiating the 
preparation of an environmental impact statement (EIS). The EIS will 
disclose the potential effects of a proposal to revise the existing 
WRNF 1993 Oil and Gas Leasing and Final EIS and Record of Decision. The 
proposed revision includes the following: Changing what lands will be 
available for oil and gas leasing; changing or adding stipulations to 
be attached to oil and gas leases for the protection of other 
resources; and amending the WRNF Land and Resource Management Plan 2002 
Revision (Forest Plan) to incorporate the revised oil and gas leasing 
decision. The EIS will document changed conditions and new information 
since the WRNF 1993 Oil and Gas Leasing Final EIS and Record of 
Decision and incorporate that information into the analysis of 
potential effects of leasing on other resources. Changes in conditions 
and information since the 1993 leasing EIS and decision include the 
completion of the WRNF Forest Plan; new and improved oil and gas 
drilling, completion, and production technology; an increase in demand 
and public need for oil and natural gas; the increasing rate of oil and 
gas development adjacent

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to and on the WRNF, and a projection of substantial increase in oil and 
gas development on the WRNF.
    The EIS will address current applicable guidance, policy, 
regulation, and law pertinent to roadless areas, land ownership, and 
threatened, endangered, and sensitive species. The scope of the 
analysis is forest-wide.

DATES: Comments concerning the scope of the analysis must be received 
by July 30, 2010. The draft environmental impact statement is expected 
January 2011 and the final environmental impact statement is expected 
April 2011.
    The public open house date is:
    1. Wednesday, 14 July 2010, 2:30 p.m. to 8 p.m., Silt, CO.

ADDRESSES: Send written comments to: White River National Forest Oil 
and Gas Scoping, P.O. Box 1919, Sacramento, CA 95812; Submit electronic 
comments and other data to [email protected]. See 
SUPPLEMENTARY INFORMATION for other information about electronic and 
fax filing.
    The public meeting location is the following:
    1. Silt, CO--Bureau of Land Management Colorado River Valley Field 
Office, Silt Conference Room, 2300 River Frontage Road, Silt, CO 81652.
    For further information on this project please visit http://www.fs.fed.us/r2/whiteriver/projects/.
    For additional information, mail correspondence to David Francomb, 
Leasable Minerals Program Manager, White River National Forest, 900 
Grand Ave., P.O. Box 948, Glenwood Springs, Colorado 81602.

FOR FURTHER INFORMATION CONTACT: David Francomb, 970.945.3293.

SUPPLEMENTARY INFORMATION:

Need for Action

    The White River National Forest (WRNF) issued its current oil and 
gas leasing availability decision in 1993 (Oil and Gas Leasing Final 
Environmental Impact Statement and Record of Decision). Since 1993, 
information and circumstances considered for that decision have 
changed, including the WRNF issuance of a revised Land and Resource 
Management Plan (LRMP), technological advances in oil and gas 
exploration and development that expand development potential of 
previously uneconomic resources, and increased level of projected oil 
and gas development activities on the WRNF. Consequently, the Forest 
Supervisor of the WRNF has identified a need to: (1) Revise the 1993 
Oil and Gas Leasing Final Environmental Impact Statement and Record of 
Decision as necessary to address information and circumstances that are 
new and different from those analyzed for the existing (1993) oil and 
gas leasing decision; (2) Identify what NFS lands administered by the 
White River National Forest will continue to be available for oil and 
gas leasing and what lease stipulations should apply to those lands for 
the protection of other resources; (3) Amend the WRNF Land and Resource 
Management Plan--2002 Revision to ensure consistency with the oil and 
gas leasing analysis and decision; and (4) Produce an Environmental 
Impact Statement (EIS) that will support the BLM's independent decision 
to include NFS lands administered by the WRNF in future competitive oil 
and gas lease sales.

Purpose for Action

    The purpose of the proposed action is to: (1) Ensure oil and gas 
leasing availability and lease stipulations are consistent with the 
WRNF Land and Resource Management Plan; (2) Ensure oil and gas leasing 
availability and lease stipulations are consistent with current 
applicable laws and regulations; (3) Enable the Forest Service and BLM 
to respond to Expressions of Interest for oil and gas leases 
representing the public's demand for energy, consistent with statutory 
and regulatory direction; (4) Fulfill the federal government's policy 
to ``foster and encourage private enterprise in the development of 
economically sound and stable industries, and in the orderly and 
economic development of domestic resources to help assure satisfaction 
of industrial, security, and environmental needs'' (Mining and Minerals 
Policy Act of 1970) while continuing to sustain the land's productivity 
for other uses and capability to support biodiversity goals (Forest 
Service Minerals Program Policy); and (5) Enable the BLM to fully 
exercise its discretionary authority to offer and issue leases on NFS 
lands administered by the WRNF.

Proposed Action

    The Forest Service proposes to revise the existing 1993 Oil and Gas 
Leasing availability decision for the White River National Forest 
(WRNF). The Proposed Action makes revisions to the availability of NFS 
lands administered by the WRNF for oil and gas leasing and to the 
stipulations on lands available for lease in the Analysis Area. Lease 
stipulations are proposed only on lands identified as available for 
lease.
    The Proposed Action includes the following: (1) Addressing 
information and circumstances that are new and different from those 
analyzed for the 1993 leasing decision; (2) Changing the 1993 leasing 
decision to identify 266,599 acres as administratively available for 
oil and gas leasing; (3) Attaching lease stipulations on future leases, 
where needed on lands identified as administratively available for 
leasing, for the purpose of protecting other resources including:--(a) 
No Surface Occupancy (NSO) stipulations for certain--Wallace Creek 
Wildlife Seclusion Area; raptor species breeding territories; 
threatened, endangered, proposed or candidate species populations and 
habitats; critical bighorn sheep habitats; Colorado River cutthroat and 
greenback trout habitat; Battlement Reservoir watershed; wetlands and 
fens; water influence zones; municipal supply watersheds; areas with 
known high and very high geologic instability and/or slopes > 50%; 
authorized sites and facilities; summer non-motorized recreation and 
special interest areas; very high and high scenic integrity objective 
areas; Research Natural Areas; and inventoried roadless areas; (b) 
Controlled Surface Use (CSU) stipulations for certain--big game 
production areas, summer concentration areas, and migration corridors; 
big game winter ranges; road density in watersheds with Colorado River 
cutthroat trout conservation populations; ground water resources; known 
and/or potential habitats for sensitive species; areas with potential 
for geologic instability and/or slopes 30% to 50%; areas with erodible 
soils; authorized sites and facilities; designated winter groomed 
routes under special use permit; moderate scenic integrity objective 
areas and scenic byways; high concern level travel routes; 
communication sites; and plant species of local concern; (c) Timing 
Limitations (TL) for certain--big game winter and summer concentration 
ranges; and raptor species breeding territories; (4) Changing the 1993 
leasing decision to identify 1,159,796 acres as closed for oil and gas 
leasing through management direction; (5) Changing the 1993 leasing 
decision to identify 857,512 acres as legally closed for oil and gas 
leasing; (6) Amending the 2002 WRNF Forest Plan to incorporate the new 
leasing decision.
    The proposed changes to the existing 1993 leasing decision brought 
forward in the Proposed Action will not affect the terms of existing 
leases. Existing leases will remain in effect, with their existing 
terms, until they are terminated, relinquished, or cancelled. Proposed 
land availability and lease

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stipulation changes will affect only leases issued after the decision 
is implemented. The proposed changes will apply to new leases on lands 
that are currently leased after existing leases have been terminated, 
relinquished, or cancelled, and those lands are subsequently nominated 
for lease.

Possible Alternatives

    (1) No New Leasing--Under this alternative, no NFS lands 
administered by the WRNF would be available in the future for oil and 
gas leasing. Operations on existing leases would continue under 
applicable lease terms, statutory and regulatory direction, and Forest 
Plan direction. Existing federal oil and gas leases on the WRNF that 
are not extended by production would terminate at the conclusion of 
their primary term, and those lands would not be available for further 
leasing. Implementation of this alternative would require a Forest Plan 
amendment to identify lands as closed to oil and gas leasing.
    (2) No Action (Current Management)--This alternative would continue 
oil and gas leasing on the WRNF as directed by the RODs for the White 
River National Forest Oil and Gas Leasing EIS (May 26, 1993) and the 
Land and Resource Management Plan 2002 Revision (April 2, 2002).

Lead and Cooperating Agencies

    The Forest Service is the lead agency. As the agency responsible 
for offering, selling, and issuing leases, the BLM will participate as 
a cooperating agency under a Memorandum of Understanding (MOU). 
Additionally, the United States Fish and Wildlife Service and the 
Colorado Department of Natural Resources will participate as 
cooperating agencies, under separate MOUs, to provide resource specific 
expertise when needed.

Responsible Official

    The Forest Service responsible official is Scott Fitzwilliams, 
Forest Supervisor, White River National Forest, 900 Grand Avenue, P.O. 
Box 948, Glenwood Springs, Colorado 81602.
    The BLM responsible official responsible is Jamie, C. Connell, 
District Manager, Northwest District Office, 2815 H Road, Grand 
Junction, Colorado 81506.

Nature of Decision To Be Made

    The Forest Service will determine whether and how the current oil 
and gas leasing decision, as it relates to land availability and lease 
stipulations, should be changed based on current information and 
analysis. The Forest Supervisor will decide which lands administered by 
the WRNF will be administratively available for oil and gas leasing, 
which lands will be closed for oil and gas leasing through management 
direction or legal reasons, and what lease stipulations will be applied 
to future oil and gas leases for the protection of other resources [36 
CFR 228.102(c)]. Subsequent to the Forest Supervisor's decision, the 
Regional Forester will authorize the BLM to offer specific lands for 
lease. When lands are nominated for leasing, the Forest Service will 
(1) Verify that leasing the specific lands has been adequately 
addressed in a NEPA document and is consistent with the Forest Plan, 
and that no significant new information or circumstances would require 
further environmental analysis; (2) ensure that conditions of surface 
occupancy are properly included as stipulations in resulting leases; 
and (3) determine that operations and development could be allowed 
somewhere on each proposed lease, except where stipulations will 
prohibit all surface occupancy [36 CFR 228.102(e)]. The BLM is 
responsible for offering, selling, and issuing oil and gas leases on 
NFS lands under the Mineral Leasing Act of 1920, as amended, and 
Federal Regulations at 43 CFR 3101.7. The BLM State Director must 
decide whether to offer for lease specific lands authorized for leasing 
by the WRNF, and must include Forest Service stipulations on any leases 
offered on NFS lands.

Scoping Process

    The first formal opportunity to comment on the revised oil and gas 
leasing availability and stipulations proposal is during the scoping 
process (40 CFR 1501.7), which begins with the issuance of this Notice 
of Intent. 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 NFS lands administered 
by the WRNF. The Forest Service will work with tribal governments to 
address issues that would significantly or uniquely affect them.
    One open house meeting is planned. The time the meeting will be 
held and the address of the meeting location are noted above under 
DATES and ADDRESSES. The meeting location at the Bureau of Land 
Management Silt Office can be reached from the Silt exit (97) 
on Interstate 70. Exit onto 9th Street and proceed over the interstate 
headed south to the t-intersection. Take a left on River Frontage Road 
headed east for about 1 mile to the BLM Silt Office on the right, after 
the Holiday Inn Express Hotel. Further information regarding this 
meeting will be posted on the WRNF Web site at http://www.fs.fed.us/r2/whiteriver/projects as it becomes available.

Comment Requested

    This Notice of Intent initiates the scoping process that guides the 
development of the WRNF Oil and Gas Leasing Revision. Through the 1993 
Oil and Gas Leasing EIS and decision and Forest Plan efforts, the WRNF 
has an understanding of the broad range of perspectives on the resource 
issues and social values attributed to resource activities on the WRNF. 
Consequently, site-specific comments or concerns are the most important 
types of information needed for this EIS.
    Send written comments to the address noted above under ADDRESSES. 
Send electronic comments to: [email protected] with 
the subject clearly titled ``WRNF Oil and Gas Leasing EIS''. Comments 
must include the full name and physical mailing address of the 
commenter, and should indicate whether the commenter would like to be 
informed of the availability of the Oil and Gas Leasing EIS. Submit 
faxed comments to 916.456.6724.

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 DEIS 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

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rulings, it is very important that those interested in this proposed 
action participate by the close of the scoping comment period, 1 March 
2010, 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.
    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: June 24, 2010.
Scott Fitzwilliams,
Forest Supervisor.
[FR Doc. 2010-15871 Filed 6-29-10; 8:45 am]
BILLING CODE 3410-11-P