[Federal Register Volume 87, Number 159 (Thursday, August 18, 2022)]
[Notices]
[Pages 50875-50876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17806]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLAK941000.L14100000.ET0000.223]


Notice of Intent To Prepare an Environmental Impact Statement To 
Consider the Impacts of Opening Lands Subject to ANCSA 17(d)(1) 
Withdrawals, Including Lands Within the Bay, Bering Sea-Western 
Interior, East Alaska, Kobuk-Seward Peninsula, and Ring of Fire 
Planning Areas; Alaska

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: In compliance with the National Environmental Policy Act of 
1969 (NEPA), as amended; the Federal Land Policy and Management Act of 
1976 (FLPMA), as amended; the Alaska National Interest Lands 
Conservation Act of 1980 (ANILCA), as amended; and the Alaska Native 
Claims Settlement Act (ANCSA), as amended, the Bureau of Land 
Management (BLM) intends to prepare an Environmental Impact Statement 
(EIS) to consider the effects of opening lands subject to withdrawals 
established pursuant to section 17(d)(1) of ANCSA on lands within the 
Bay, Bering Sea-Western Interior, East Alaska, Kobuk-Seward Peninsula, 
and Ring of Fire planning areas, and by this notice is announcing the 
beginning of the scoping process to solicit public comments and 
identify issues.

DATES: This notice initiates the public scoping process for the EIS. 
The BLM requests comments concerning the scope of the analysis, 
potential alternatives, and identification of relevant information by 
October 17, 2022. To afford the BLM the opportunity to consider 
comments in the Draft EIS, please ensure your comments are received 
prior to the close of the 60-day scoping period or 15 days after the 
last public meeting, whichever is later.

ADDRESSES: You may submit comments on issues related to this process by 
any of the following methods:

     ePlanning website: https://eplanning.blm.gov/eplanning-ui/project/2018002/510
     Mail: 222 W 7th Avenue, Stop #13, Anchorage, Alaska 99513
     More details and instructions for submitting public 
comment can be found on the BLM ePlanning website at https://eplanning.blm.gov/eplanning-ui/project/2018002/510
    Documents pertinent to this proposal may be examined at the 
ePlanning website.

FOR FURTHER INFORMATION CONTACT: Racheal Jones at (907) 290-0307, or by 
email at [email protected], on questions specific to NEPA or to have your 
name added to our mailing list; and Bettie Shelby at (907) 271-5596, or 
by email at [email protected], on questions specific to the actions at 
issue in this EIS.
    Individuals in the United States who are deaf, blind, 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: Public Land Order (PLO) No. 7899, which 
would revoke withdrawals established under ANCSA Section 17(d)(1) on 
lands in the Kobuk-Seward Peninsula planning area, was signed on 
January 11, 2021, and published in the Federal Register on January 19, 
2021 (86 FR 5236). PLO Nos. 7900, 7901, 7902, and 7903, which would 
revoke withdrawals established under ANCSA Section 17(d)(1) on lands in 
the Ring of Fire, Bay, Bering Sea-Western Interior, and East Alaska 
planning areas, respectively, were signed on January 15 and 16, 2021, 
but were never published in the Federal Register. The Department 
deferred the opening of the lands described in PLO No. 7899 by 60 days 
on February 18, 2021, to provide an opportunity to review the decisions 
and ensure the orderly management of the public lands (86 FR 10131). 
Subsequently, the Department identified certain procedural and legal 
defects in the decision-making process for PLO Nos. 7899, 7900, 7901, 
7902, and 7903, including insufficient analysis under NEPA, failure to 
follow section 106 of the National Historic Preservation Act (NHPA), 
possible failure to adequately evaluate impacts under section 7 of the 
Endangered Species Act (ESA), failure to secure consent from the 
Department of Defense (DOD) with regard to lands under DOD 
administration as required by Section 204(i) of FLPMA (43 U.S.C. 
1714(i)), failure to adequately analyze potential impacts on 
subsistence hunting and fishing, and reliance on potentially outdated 
data in EISs prepared in 2006 and 2007. Due to these identified 
deficiencies, on April 16, 2021, the Department--relying on its 
inherent authority to revisit decisions based on identified legal 
errors--deferred the opening of lands under PLO No. 7899 and the 
publication of PLO Nos. 7900, 7901, 7902, and 7903 in order to address 
the deficiencies in the decision-making process that led to the PLOs 
(86 FR 20193).
    As a result, the BLM completed an environmental assessment on April 
21, 2022, to ensure legal compliance for opening lands within the areas 
affected by PLO Nos. 7899, 7900, 7901, 7902, and 7903 to selection by 
Alaska Native Vietnam-era Veterans under Section 1119 of the Dingell 
Act due to the five-year statutory limit on the application period for 
allotment selections. The Secretary issued a public land order to open 
the land to allotment selection on January 19, 2021. The BLM is now 
undertaking this process to address the remaining legal defects in the 
decision-making processes for PLO Nos. 7899, 7900, 7901, 7902, and 7903 
and to ensure compliance with the requirements of NEPA, Section 204(i) 
of FLPMA, Section 106 of the NHPA, Section 7 of the ESA, and Section 
810 of ANILCA.
    The BLM will consider a range of alternatives in the EIS, which may 
include full or partial revocation of the ANCSA 17(d)(1) withdrawals, 
making one or more withdrawals under FLPMA, or retention of some or all 
of the ANCSA 17(d)(1) withdrawals.
    Full or partial revocation of the ANCSA 17(d)(1) withdrawals may 
result in changes to land use that could affect local residents, 
wildlife, vegetation, cultural resources, subsistence use, air

[[Page 50876]]

resources, and water resources across up to 28 million acres of BLM-
administered land in Alaska.
    While BLM currently intends to prepare a single EIS, we request 
public input during the scoping period on whether the analysis should 
be completed through one or multiple EISs. The BLM is also seeking 
input on specific areas within these planning areas that may experience 
unique or otherwise significant impacts as a result of opening the 
lands, which would need to be considered in the analysis.
    During this 60-day scoping period, the BLM does not intend to hold 
any public meetings, in-person or virtual. Should the BLM later 
determine to hold public meetings, the specific date(s) and location(s) 
of any meeting will be announced at least 15 days in advance. The BLM 
is seeking public comments on issues, concerns, potential impacts, 
alternatives, and mitigation measures that should be considered in the 
analysis. Additional opportunities for public participation, including 
at least a 60-day public comment period, will be provided upon 
publication of the Draft EIS. The NEPA process will be completed 
consistent with 40 CFR 1501.10(b)(2), following which the Secretary 
will make a decision regarding the ANCSA 17(d)(1) withdrawals
    The input of Alaska Native Tribes and Corporations is of critical 
importance to this EIS. Therefore, during the planning process, the BLM 
will continue to consult with potentially affected Federally recognized 
Tribes on a government-to-government basis, and with affected Alaska 
Native Corporations in accordance with Public Law 108-199, Div. H, sec. 
161, 118 Stat. 452, as amended by Public Law 108-447, Div. H, sec. 518, 
118 Stat. 3267, as well as Executive Order 13175, and other Department 
and Bureau policies. We respectfully request participation in 
consultation by Alaska Native Tribes and Alaska Native Corporations to 
provide their views and recommendations on the alternatives outlined 
above, including specific lands to be opened or to remain subject to 
withdrawals. The BLM will hold individual consultation meetings upon 
request.
    The BLM will also use and coordinate the NEPA process to help 
fulfill its obligations under the NHPA, including as provided in 36 CFR 
800.2(d)(3). Information about historic and cultural resources within 
the area potentially affected by the proposed action will assist the 
BLM in identifying and evaluating impacts to such resources. Federal, 
State, and local agencies, along with Tribes and other stakeholders 
that may be interested in or affected by the proposed opening of lands 
withdrawn under the authority of Section 17(d)(1) of ANCSA, are invited 
to participate in the scoping process and, if eligible, may request or 
be asked by the BLM to participate in the development of the EIS as 
cooperating agencies.
    It is important that commenters provide their comments at such 
times and in such manner that they are useful to the agency's 
preparation of the EIS. Therefore, comments should be provided prior to 
the close of the comment period and should clearly articulate the 
commenter'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.
    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.

Steven Cohn,
State Director, BLM Alaska.
[FR Doc. 2022-17806 Filed 8-17-22; 8:45 am]
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