[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Notices]
[Pages 43050-43053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15388]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCOSO93300.L16100000.LXLUBGWC0000.DO0000.22X]


Notice of Intent To Amend Colorado Resource Management Plans 
Regarding Big Game Conservation and Prepare an Associated Environmental 
Impact Statement

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent.

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SUMMARY: In compliance with the National Environmental Policy Act of 
1969, as amended (NEPA), and the Federal Land Policy and Management Act 
of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) 
Colorado State Director intends to prepare a statewide Resource 
Management Plan (RMP) Amendment with an associated Environmental Impact 
Statement (EIS), and by this notice is announcing the beginning of the 
public scoping period to solicit public comments and identify issues 
and is providing the planning criteria for public review.

[[Page 43051]]


DATES: The BLM requests the public submit comments concerning the scope 
of the analysis, potential alternatives, and identification of relevant 
information and studies by September 2, 2022. To afford the BLM the 
opportunity to consider issues raised by commenters in the Draft RMP/
EIS, please ensure your comments are received prior to the close of the 
45-day scoping period. The date(s) and location(s) of any public 
meetings associated with this land use planning initiative will be 
announced at least 15 days in advance through local news media, 
newspapers, and the BLM website at: https://go.usa.gov/xzXxY.

ADDRESSES: You may submit comments related to this RMP amendment for 
big game conservation by any of the following methods:

 Website: https://go.usa.gov/xzXxY
 Mail: BLM Colorado State Office, Attn: Big Game Corridor 
Amendment/EIS, 2850 Youngfield St., Lakewood, CO 80215

Documents pertinent to this proposal may be examined online at https://go.usa.gov/xzXxY and at the planning initiative electronically via the 
ePlanning website and at all BLM District Offices and Field Offices 
throughout Colorado and the Colorado State Office at the address above.

FOR FURTHER INFORMATION CONTACT: Alan Bittner, Deputy State Director--
Resources, telephone 303-239-3768; at the mailing address above; or 
email [email protected]. Contact Mr. Bittner to have 
your name added to the mailing list. Individuals in the United States 
who are deaf, deafblind, hard of hearing, or have a speech disability 
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications 
relay services. Individuals outside the United States should use the 
relay services offered within their country to make international calls 
to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: This document provides notice that the BLM 
Colorado State Director intends to prepare an RMP amendment with an 
associated EIS for big game habitat conservation, announces the 
beginning of the scoping process, and seeks public input on relevant 
issues and planning criteria. The RMP amendment is being considered to 
evaluate oil and gas program and other management decisions across 
existing BLM Colorado RMPs to promote conservation of big game 
corridors and other important big game habitat on BLM-administered land 
and minerals in Colorado.
    This RMP Amendment may amend existing BLM RMPs in Colorado, except 
the following three plans may not be amended because minerals are 
withdrawn: Browns Canyon National Monument, Dominguez-Escalante 
National Conservation Area, and McInnis Canyons National Conservation 
Area. The planning area includes all 64 counties in Colorado and 
encompasses approximately 8.3 million acres of BLM-managed surface land 
and approximately 27 million acres of Federal mineral estate. This 
acreage includes Federal minerals on Federal lands and split-estate 
Federal minerals located under surface lands with non-Federal 
ownership. The decision area includes all BLM public lands and 
approximately 4.6 million acres of split-estate private, local 
government, and state lands. It does not include National Forest System 
land and other Federal land where BLM does not make planning decisions 
about oil and gas management or other uses. The BLM typically adopts 
the requirements determined by those Federal surface-managing agencies 
when leasing the associated mineral estate; while such lands are within 
the planning area, they are outside the decision area for this RMP 
Amendment process. In Colorado, the BLM currently manages 4,712 Federal 
oil and gas leases totaling 3.7 million acres.
    The scope of this land use planning process does not include 
addressing the evaluation or designation of areas of critical 
environmental concern (ACECs) and the BLM is not considering ACEC 
nominations as part of this process.

Purpose and Need

    The BLM is initiating this land use planning process under the 
authority of Section 202 of FLPMA, in compliance with FLPMA, NEPA, and 
their implementing regulations, for the preliminary purpose of 
evaluating alternative management approaches for the BLM planning 
decisions to maintain, conserve, and protect big game corridors and 
other important big game habitat areas on BLM-managed public lands and 
minerals in Colorado. This action is needed to ensure that the BLM 
considers current big game population and habitat data, including maps 
of high priority habitat, and to evaluate management consistency with 
plans or policies and programs of other Federal agencies, State and 
local governments, and Tribes, to the extent consistent with Federal 
laws, regulations, policies and programs applicable to public lands. 
The BLM also has a need for the development of this RMP amendment to 
comply with terms of the settlement agreement for State of Colorado v. 
Bureau of Land Management, 1:21-cv-00129 (D. Colo.).
    The BLM may refine the preliminary purpose and need for the action 
based on comments or data received during the scoping period and 
further review of its own resource information.

Preliminary Alternatives

    BLM Colorado contains millions of acres of important big game 
habitat. Among other threats, high density surface disturbing 
activities associated with oil and gas development can interfere with 
movement across the landscape. The BLM will propose and analyze, with 
the best available scientific methods and information, alternatives for 
planning-scale oil and gas management prescriptions for the 
conservation of important big game habitat. The BLM has found that 
existing BLM land use plans in Colorado may be inconsistent with other 
plans for management of big game corridors and important habitat. 
Recognizing the State's responsibility to conserve and manage big game 
species for the use, benefit, and enjoyment of the people of Colorado, 
BLM will consider at least one alternative that would adopt State 
agency recommendations to avoid and minimize impacts from oil and gas 
leasing and development to big game high priority habitat.
    The BLM will consider whether to incorporate new or changed oil and 
gas management decisions in existing land use plans, such as limits on 
high-density development, including facility and route density 
limitations, and other lease stipulations that would incorporate 
conservation measures for important big game habitat areas in Colorado. 
These may include moderate constraints, such as timing limitations and 
controlled surface use restrictions, and major constraints such as no 
surface occupancy restrictions. The BLM also may consider closure of 
areas to future oil and gas leasing as part of the plan amendment. The 
BLM will consider new decisions pertinent to all BLM surface land and 
subsurface mineral estate, subject to valid existing rights. Planning 
decisions under the action alternatives could affect future oil and gas 
leasing; development of existing leases would be required to conform to 
the objectives of new planning decisions to the extent consistent with 
the applicable lease terms.
    The BLM will consider new resource management planning decisions 
related to important habitat areas for the following big game species 
consistent with Secretarial Order 3362, specifically

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for elk, mule deer, and pronghorn. Important habitat areas for these 
species may include migration corridors, severe winter range, winter 
concentration areas, concentration areas, and production areas, along 
with other habitat components necessary to support herd viability. The 
BLM does not anticipate considering new planning decisions for bighorn 
sheep habitat, which primarily occurs at higher elevations with low oil 
and gas potential.
    The public is invited to comment on information for the preliminary 
alternatives, including information about the relationships among oil 
and gas management, big game habitat management, and other public land 
resources and uses. This information will inform the range of BLM's 
alternatives in the EIS. The BLM seeks information related to all high-
density activities and public land uses that may cause disturbance to 
important big game habitat and will consider that information as 
appropriate in determining if additional land use planning decisions 
are appropriate to incorporate into the scope of the alternatives for 
this planning effort.

Planning Criteria

    The planning criteria guide the planning effort and support effects 
analysis by helping the agency refine the planning issues and their 
analytical frameworks. The BLM has identified the following preliminary 
planning criteria to guide development of the RMP Amendment, and is 
accepting public input during the scoping period consistent with 43 CFR 
1610.4-2(c):
     The RMP Amendment and associated environmental analysis 
will be completed in compliance with FLPMA, NEPA, and other Federal 
laws, Executive Orders, regulations, and management policies of the 
BLM;
     All existing land use plan decisions that are not affected 
by the amendment will remain in effect after issuance of the Record of 
Decision;
     The RMP Amendment may be limited to land use planning 
decisions specific to oil and gas management as they relate to the 
conservation of big game species including mule deer, elk, and 
pronghorn, and their important habitats. Important habitats may include 
migration corridors, severe winter range, winter concentration areas, 
concentration areas, and production areas;
     The BLM will consider the adequacy of big-game 
conservation measures in existing land use plans;
     The analysis in the EIS for the RMP Amendment will 
consider the effects of the alternatives together with the effects of 
past and reasonably foreseeable disturbance to big-game habitat;
     The BLM will strive for consistency with plans or policies 
and programs of other Federal agencies, State and Local governments, 
and Tribes, to the extent those plans, policies, and programs are 
consistent with the Federal laws, regulations, policies, and programs 
applicable to public lands;
     The BLM will endeavor to use current scientific 
information (including inventory and monitoring data) and technologies 
to determine appropriate management strategies to protect and conserve 
important habitat;
     Lands within the decision area for the RMP Amendment will 
be BLM-managed public lands and split-estate lands with Federal 
minerals; and
     The RMP Amendment will not diminish valid existing rights.

Summary of Expected Impacts

    BLM personnel have identified the following potential effects to be 
examined during the planning process: effects of potential oil and gas 
leasing and development and related infrastructure on big game species 
and habitat; and effects of alternative oil and gas restrictions on 
biological, physical, and heritage resources, resource uses, and social 
and economic conditions. Affected resources may include big game and 
other wildlife, air quality, climate, oil and gas, and lands with 
special designations. The BLM is accepting public input on these issues 
during the scoping period, consistent with 43 CFR 1610.4-1. The EIS 
will describe the environment of the planning area that could be 
affected by the alternatives under consideration and will evaluate 
reasonably foreseeable impacts from potential oil and gas leasing and 
future development, and potential restrictions on leasing and 
development activities in important big game habitat.
    The public is invited to comment on information and analyses 
relevant to the proposed action, including information about the 
relationships among oil and gas management, big game habitat 
management, and other public land resources and uses. This information 
will inform the scope of BLM's impact analysis in the EIS. The BLM 
seeks information related to all high-density activities and public 
land uses that may cause disturbance to important big game habitat and 
will consider that information as appropriate in describing the 
existing environment and reasonably foreseeable trends, or in the 
effects analysis.

Schedule for the Decision-Making Process

    This amendment process is expected to be completed within two 
years. The BLM will provide additional opportunities for public 
participation consistent with the NEPA and land use planning processes, 
including a 90-day comment period on the Draft RMP Amendment/EIS and a 
concurrent 30-day public protest period and a 60-day Governor's 
consistency review on the Proposed RMP Amendment. The Draft RMP 
Amendment/EIS is anticipated to be available for public review in the 
spring of 2023 and the Proposed RMP Amendment/Final EIS is anticipated 
to be available for public protest of the Proposed RMP Amendment in 
early 2024 with an Approved RMP Amendment and Record of Decision in 
summer of 2024.

Public Scoping Process

    This notice of intent initiates the scoping period and public 
review of the planning criteria, which guide the development of the 
Draft RMP Amendment/EIS and its analysis. The BLM anticipates holding 
four public scoping meetings, which may be conducted through online 
platforms to explain project details and obtain feedback. 
Representatives from BLM will be available to answer questions. The 
specific date(s) of these scoping meetings, along with information 
about how to participate, will be announced at least 15 days in advance 
through local media, newspapers, and the BLM's project website (see 
ADDRESSES). All comments must be received by the date shown in the 
DATES section. It is important that reviewers provide timely comments 
in a manner that makes them useful to the agency's preparation of the 
Draft RMP Amendment/EIS. Therefore, comments should clearly articulate 
the reviewer's concerns and contentions. 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.

Lead and Cooperating Agencies

    The BLM is the lead agency for the NEPA analysis associated with 
this planning effort. The BLM has invited other Federal agencies, State 
and local government agencies, and Tribes to be cooperating agencies. 
Other stakeholders that may be interested in or affected by the 
proposed action are invited to participate in the scoping process and, 
if eligible, may request or

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be requested by the BLM to participate in the development of the EIS as 
a cooperating agency.

Responsible Official

    The BLM Colorado State Director is the deciding official for this 
planning effort.

Nature of Decision To Be Made

    The nature of the decision to be made will be the State Director's 
selection of land use planning decisions for managing BLM-administered 
lands under the principles of multiple use and sustained yield in a 
manner that best addresses the purpose and need.

Interdisciplinary Team

    The BLM will use an interdisciplinary approach that incorporates 
the expertise of specialists in relevant resource fields such as 
wildlife biology, fluid minerals, geographic information systems, and 
land use planning to consider the resource issues and concerns 
identified during development of the RMP Amendment.

Additional Information

    The BLM will identify, analyze, and consider mitigation to address 
the reasonably foreseeable impacts to resources from the proposed plan 
amendment and all reasonable alternatives and, in accordance with 40 
CFR 1502.14(f), include appropriate mitigation measures not already 
included in the proposed plan amendment or alternatives. Mitigation may 
include avoidance, minimization, rectification, reduction or 
elimination over time, and compensation; it may be considered at 
multiple scales, including the landscape scale.
    The BLM will utilize and coordinate the NEPA and land use planning 
processes for this planning effort to help support compliance with 
applicable procedural requirements of the Endangered Species Act (16 
U.S.C. 1536) and Section 106 of the National Historic Preservation Act 
(54 U.S.C. 306108) as implemented in 36 CFR 800.2(d)(3), including the 
public involvement requirements associated with Section 106. The 
information about historic and cultural resources and threatened and 
endangered species within the area potentially affected by the proposed 
plan amendment will assist the BLM in identifying and evaluating 
impacts to such resources.
    The BLM will consult with Indian Tribal Nations on a government-to-
government basis in accordance with Executive Order 13175, BLM Manual 
Section 1780 and other Departmental policies. Tribal concerns, 
including impacts on Indian trust assets and potential impacts to 
cultural resources, will be given due consideration. Federal, State, 
and local agencies, along with Indian Tribal Nations and other 
stakeholders that may be interested in or affected by the proposed plan 
amendment that the BLM is evaluating, are invited to participate in the 
scoping process and, if eligible, may request or be requested by the 
BLM to participate in the development of the environmental analysis as 
a cooperating agency.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

(Authority: 40 CFR 1501.9 and 43 CFR 1610.2)

Stephanie Connolly,
Acting BLM Colorado State Director.
[FR Doc. 2022-15388 Filed 7-18-22; 8:45 am]
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