[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Notices]
[Pages 26588-26590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08960]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_HQ_FRN_MO4500170190]


Notice of Intent To Prepare an Environmental Impact Statement To 
Analyze the Potential Environmental Effects From Maintaining Secretary 
Jewell's Coal Leasing Moratorium

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 consistent with direction from the U.S. 
District Court of Montana, the Bureau of Land Management (BLM) intends 
to prepare an environmental impact statement (EIS) to analyze the 
potential environmental effects from maintaining or revoking former 
Secretary of the Interior Sally Jewell's coal leasing moratorium. This 
notice begins the process of defining the scope of the EIS by providing 
background on the Federal coal program and the direction received from 
the United States District Court for the District of Montana in 
Citizens for Clean Energy, v. U.S. Dep't of the Interior. With this 
notice, the BLM also solicits public comments for consideration in 
establishing the scope and content of the EIS.

DATES: The BLM invites interested agencies, States, Tribes, local 
governments, industry, organizations, and members of the public to 
submit comments or suggestions to assist in identifying significant 
issues that should be included in the scope of BLM's review of the 
potential environmental impacts from maintaining or revoking former 
Secretary Jewell's coal leasing moratorium.
    The BLM will consider all written comments received or postmarked 
during the public comment period, which will close on June 15, 2023.

ADDRESSES: You may submit written comments by the following methods:
     Website: https://eplanning.blm.gov/eplanning-ui/project/2024545/510. This is the preferred method of commenting.
     Email: [email protected].
     Mail, personal, or messenger delivery: National Coal 
Program Review, 1849 C Street NW, Room 5622, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Timothy Barnes, Acting Chief, Division 
of Solid Minerals, telephone: 541-416-6858, email: [email protected].
    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: The BLM will prepare an EIS to analyze the 
potential environmental effects from maintaining or revoking former 
Secretary Jewell's coal leasing moratorium, as ordered by the U.S. 
District Court for the District of Montana in Citizens for Clean 
Energy, v. U.S. Dep't of the Interior, 4:17-cv-00042-BMM (D. Mont. 
2022).\1\ The court's decision is related to the environmental analysis 
that the BLM previously prepared to assess lifting a Federal coal 
leasing moratorium established on January 15, 2016, by then Secretary 
of the Interior Sally Jewell. Secretary Jewell established the 
moratorium through Secretary's Order No. 3338

[[Page 26589]]

(Jewell Order), which directed the BLM to conduct a programmatic review 
of the Federal coal program through preparation of an EIS under NEPA. 
On March 29, 2017, then former Secretary of the Interior Ryan Zinke 
issued Secretary's Order No. 3348 (Zinke Order), which revoked the 
Jewell Order, halted preparation of the EIS, and lifted the moratorium 
on Federal coal leasing.
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    \1\ The Intervenor-Appellants, the National Mining Association, 
State of Wyoming and State of Montana, appealed this decision on 
October 7, 2022, and October 11, 2022, respectively. Citizens for 
Clean Energy v. Dep't of the Interior, Civ. No. 22-35789 (9th Cir.).
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Background

    Under the Mineral Leasing Act of 1920 (MLA), as amended, 30 U.S.C. 
181 et seq., and the Mineral Leasing Act for Acquired Lands of 1947 
(MLAAL), as amended, 30 U.S.C. 351 et seq., the BLM is responsible for 
leasing Federal coal and regulation of the development of that coal on 
approximately 570 million acres of the 700 million acres of mineral 
estate that is owned by the Federal Government. This responsibility 
encompasses Federal mineral rights on Federal lands and Federal mineral 
rights located under surface lands with non-Federal ownership. Under 
the authority of the MLA and MLAAL, the BLM administers leasing and 
monitors coal production. Other Departmental bureaus, in particular the 
Office of Surface Mining Reclamation and Enforcement (OSMRE) and the 
Office of Natural Resources Revenue (ONRR), also take actions related 
to coal mining on Federal lands. The OSMRE, and those States that have 
regulatory primacy under the Surface Mining Control and Reclamation Act 
of 1977, permit coal mining and reclamation activities, and monitor 
reclamation and reclamation bonding actions. The ONRR collects and 
audits all payments required under the lease, including bonus bids, 
royalties, and rental payments, and distributes those funds between the 
Federal Treasury and the States where coal resources are located.
    The Jewell Order imposed a moratorium on the issuance of new 
Federal coal leases for thermal coal, with limited exceptions, until 
completion of the EIS.
    On March 29, 2017, the Zinke Order implemented Executive Order 
(E.O.) 13783, which was entitled, ``Promoting Energy Independence and 
Economic Security,'' by rescinding the Jewell Order. Immediately 
thereafter, Citizens for Clean Energy, Ecocheyenne, Montana 
Environmental Information Center, Center for Biological Diversity, 
Defenders of Wildlife, Sierra Club, WildEarth Guardians, and the 
Northern Cheyenne Tribe filed a lawsuit in the U.S. District Court for 
the District of Montana asserting that the issuance of the Zinke Order 
required an environmental analysis in compliance with NEPA. 
Additionally, the States of California, New York, New Mexico, and 
Washington also filed suit and the Court consolidated the cases. The 
National Mining Association and the States of Wyoming and Montana 
intervened.
    On April 19, 2019, the Court held that the Zinke Order was a final 
agency action that triggered the need to comply with NEPA, requiring 
the Department to conduct an appropriate environmental review of that 
action. To comply with the Court's Order, the BLM released an 
environmental assessment (EA) for public comment on May 22, 2019, and 
published the final EA and a Finding of No Significant Impact (FONSI) 
on its website on February 26, 2020. Shortly thereafter, the Plaintiffs 
amended their complaints to challenge the scope and content of the EA.
    On January 20, 2021, President Biden issued E.O. 13990, entitled, 
``Executive Order on Protecting Public Health and the Environment and 
Restoring Science to Tackle the Climate Crisis,'' revoking E.O. 13783. 
On April 16, 2021, Secretary Haaland rescinded the Zinke Order through 
Secretary's Order 3398, but did not reinstate the Federal coal leasing 
moratorium.
    On August 12, 2022, the Court vacated and remanded the EA and 
associated FONSI and reinstated ``[t]he coal leasing program moratorium 
established by the Jewell Order . . . until the completion of 
sufficient NEPA review analyzing revocation of the moratorium.'' Order 
at 19. The Court determined that the EA's analysis failed ``to consider 
all direct, indirect, and cumulative impacts of re-starting the Federal 
coal-leasing program.'' Order at 13. Further, the Court held that the 
BLM should have considered ``a potential alternative that provided a 
baseline of an indefinite moratorium'' rather than limiting the EA's 
analysis to those leases granted during the estimated Programmatic EIS 
timeline providing that the ``BLM's analysis should have considered the 
effect of restarting coal leasing from a forward-looking perspective, 
including connected actions.'' Id. The Court directed the ``BLM [to] 
perform NEPA analysis that considers the full scope of the Zinke 
Order's effect on all then-pending lease applications, and other 
connected, cumulative, or similar actions.'' Order at 17. In October 
2022, Intervenor-Defendants appealed the decision to the U.S. Court of 
Appeals for the Ninth Circuit.

Public Scoping Process

    All public scoping comments must be submitted by email or by mail 
to the addresses listed under ADDRESSES. Before including you 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 public at 
any time. While you may request in your comment to have your personal 
identifying information withheld from public review, the BLM cannot 
guarantee that this will occur. The BLM will review and consider all 
public scoping comments received and will prepare a Scoping Summary 
Report. The Scoping Summary Report will be used by the BLM to identify 
issues to be included in the environmental analysis in the EIS, 
resources and issues that can be dismissed from detailed analysis 
because they are not present or not affected, and potential 
alternatives to be analyzed.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Scope of the Analysis of the Potential 
Environmental Effects From Maintaining Secretary Jewell's Coal Leasing 
Moratorium on Pending Federal Coal Lease Applications

    In addition to comments concerning the scope of the environmental 
analysis, commenters are encouraged to identify relevant information, 
studies, and analyses that would assist the BLM in taking further 
action on the moratorium instituted by the Jewell Order and identifying 
potential alternatives.

Lead and Cooperating Agencies

    The BLM is the lead agency for this EIS. Other Federal agencies, 
State, Tribal, and local governments with special expertise that are 
interested in participating in the preparation of this EIS should 
contact the previously mentioned Acting Chief of the Division of Solid 
Minerals.

Decision Maker

    Director, Bureau of Land Management.

Nature of Decision To Be Made

    Informed by the environmental analysis, the BLM will consider 
whether and to what extent to continue the coal leasing moratorium 
imposed by the Jewell Order on January 15, 2016, lifted by the Zinke 
Order on March 29, 2017, and reinstated by the U.S. District Court of 
Montana on August 12, 2022.


[[Page 26590]]


(Authority: 43 U.S.C. 1701 et seq., 30 U.S.C. 118 et seq., 30 U.S.C. 
351 et seq.)

Benjamin E. Gruber,
Acting Assistant Director, Energy, Minerals and Realty Management, 
Bureau of Land Management, Department of the Interior.
[FR Doc. 2023-08960 Filed 4-28-23; 8:45 am]
BILLING CODE 4331-29-P