Oil and Gas Leasing; Lewis and Clark National Forest, MT

DEPARTMENT OF AGRICULTURE

Forest Service

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

Oil and Gas Leasing; Lewis and Clark National Forest, MT

AGENCIES: Forest Service, USDA, and Bureau of Land Management,

Interior.

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

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SUMMARY: The Forest Service and the Bureau of Land Management (BLM)

will prepare an Environmental Impact Statement (EIS) to disclose the

impacts of proposed oil and gas leasing on the Lewis and Clark National

Forest. The Forest Service and the BLM will be joint lead agencies for

this EIS (40 CFR 1501.5). The EIS will be designed to satisfy the

requirements of the Federal Onshore Oil and Gas Leasing Reform Act of

1987 and implementing regulations (36 CFR 228.102).

DATES: Initial comments concerning the scope of the analysis should be

received in writing no later than March 31, 1994.

ADDRESSES: Send written comments to John D. Gorman, Forest Supervisor,

Lewis and Clark National Forest, P.O. Box 869, Great Falls, MT 59403.

FOR FURTHER INFORMATION CONTACT: Robin Strathy, Environmental Analysis

Team Leader, Lewis and Clark National Forest, as above, or phone: (406)

791-7726.

SUPPLEMENTARY INFORMATION: The Forest Service proposes to make certain

lands within the Lewis and Clark National Forest administratively

available for oil and gas leasing, subject to constraints specified in

the 1986 Lewis and Clark National Forest Land and Resource Management

Plan. The Forest Service also proposes to authorize the BLM to offer

those lands for lease, subject to specified stipulations. Both the

administratively-available decision, and the leasing decision for

specific lands are being made. The BLM will decide whether to offer the

specific lands for lease subject to the Forest Service ensuring that

correct stipulations will be attached to leases issued by BLM. In cases

where the surface resources are not managed by the federal government

but the minerals are federally owned (split estate), the BLM will also

decide whether or not to offer these mineral rights for lease and what

stipulations to apply. Except where stipulations prohibit all surface

use, operations and development may be allowed on the leased lands.

Such activity is subject to the operator obtaining an approved Surface

Use Plan of Operations from the Forest Service in accordance with 36

CFR, subpart E, 228.106 and 228.107.

The EIS will examine the effects of the proposal to implement the

oil and gas leasing direction in the 1986 Lewis and Clark Forest Plan

and additional alternatives. The primary purpose of this analysis is to

determine which lands should be available for leasing, what

stipulations should be applied to any leases, and which specific lands

should be offered for lease at this time.

Lands affected are within the boundaries of the Lewis and Clark

National Forest. These lands encompass several mountain ranges south

and east of Great Falls, Montana (including the Little Belt, Highwood,

Castle, north Crazy, Big and Little Snowy Mountains), as well as the

eastern Front Range of the Rocky Mountains west of Choteau, Montana. By

regulation, several classes of National Forest System lands are

considered legally unavailable for leasing at this time, and will be

considered unavailable for lease under all alternatives in the

analysis. On the Lewis and Clark Forest, these lands include existing

wilderness, specifically the Bob Marshall-Scapegoat Wilderness complex.

Also unavailable are those lands recommended for wilderness in the

Lewis and Clark Forest Plan, which includes about 51,800 acres on the

Rocky Mountain Division adjacent to the Bob Marshall and Scapegoat

Wildernesses. These lands are described in the Lewis and Clark Forest

Plan as the Renshaw, South Fork and West Fork of the Teton, and Silver

King-Falls Creek areas. In addition, lands proposed for wilderness

study under the Montana Wilderness Study Act (Pub. L. 95-150) are not

available for oil and gas leasing. This includes 92,000 acres in the

Middle Fork of the Judith River Wilderness Study Area in the Little

Belt Mountains, and 98,000 acres in the Big Snowy Mountain Wilderness

Study Area.

This analysis is required by the Federal Onshore Oil and Gas

Leasing Reform Act of 1987 and implementing regulations promulgated in

1990 (36 CFR 228.102).

Potential issues that have been identified to date are the effects

of oil and gas activities on:

1. Threatened and endangered species.

2. Sensitive fish, wildlife, and plant species.

3. Big game wildlife species.

4. Water quality.

5. Soil resources.

6. Inventoried roadless areas.

7. Indian rights and religious practices.

8. Dispersed and developed recreation opportunities.

9. Heritage resources.

10. Social and economic impacts to local and area communities.

11. Consistency with Forest Plan goals and objectives.

12. Lands considered in wilderness legislation.

13. Scenic byways.

14. Municipal watersheds.

15. Experimental Forest.

16. Noxious weeks.

The Lewis and Clark Forest Plan provides direction for the use of

stipulations to be attached to leases in order to comply with Forest

Plan goals and objectives. As outlined in the Forest Plan, no-surface

occupancy (NSO) is recommended for lands where oil and gas development

could conflict with riparian values, wetlands and floodplains, as well

as on slopes greater than 60%. The Forest Plan calls for no-surface

occupancy to protect existing uses such as powerlines, irrigation

canals, and cemeteries, and developed recreation sites, as well as the

area above Gibson Dam on the Sun River. Areas identified in the Forest

Plan as Research Natural Areas also require the NSO stipulation. The

Ford Creek Plateau area on the Rocky Mountain Division would be

available only for no-surface occupancy leasing for the first decade of

the Forest Plan.

The Plan also identifies areas for which timing restrictions on

activity would be stipulated to protect resource values such as

threatened and endangered species habitat, sensitive species habitat,

big game seasonal ranges, and raptor nest sites. NSO is recommended in

areas where more than one key wildlife habitat is present and the

combined seasons of use leaves no opportunity for oil and gas

occupancy.

In addition, the Lewis and Clark Forest Plan identifies resource

concerns requiring special operating constraints, such as landtypes

susceptible to moderate-severe cut-bank failure potential, semi-

primitive recreation areas, Experimental Forests, and municipal

watersheds. A stipulation controlling surface use would be applied to

leases with these resource concerns.

Under the Forest Plan, stream segments eligible for ``wild'' status

under the Wild and Scenic Rivers Act of 1968 will not be offered for

lease. Most of these stream segments are within existing wilderness

areas, but on those segments outside of designated wilderness on

Forest, lands unavailable for lease include areas within \1/4\ mile

either side of segments of the South Fork of the Sun River, the

Dearborn River, and North Fork Birch Creek.

Public participation will be important to the analysis. Part of the

goal of public involvement is to identify additional issues and to

refine the preliminary issues identified above. People may visit with

Forest Service officials at any time during the analysis and prior to

the decision. However, two periods are specifically designated for

comments on the analysis: (1) During the scoping process and (2) during

the Draft EIS (DEIS) comment period.

During the scoping process, the Forest Service is seeking

information and comments from Federal, State, and local agencies and

other individuals or organizations who may be interested in or affected

by the proposed action. A scoping document will be prepared and mailed

to parties known to be interested in the proposed action by February

25, 1994. The agency invites written comments and suggestions on this

action, particularly in terms of identification of issues and

alternative development. In addition, public open houses will be held

during the scoping period: on Monday, February 28 from 5 p.m. to 8 p.m.

at the Kings Hill Ranger District Office in White Sulphur Springs, MT;

on Wednesday, March 2, from 6 p.m. until 9 p.m. at the Great Falls

Civic Center in Great Falls, MT; on Monday, March 14, from 6 p.m. to 9

p.m. at the Holiday Inn in Missoula, MT; on Tuesday, March 16, from 6

p.m. to 9 p.m. at the Little Flower Parish in Browning, MT; and on

Wednesday, March 17, from 6 p.m. to 9 p.m. at the Choteau Public

Library in Choteau, MT.

In addition to the proposed action, a range of alternatives will be

developed in response to issues identified during scoping. This

includes the no-action alternatives required by NEPA in which no

leasing would be authorized at this time. The Forest Service will

analyze and document the direct, indirect, and cumulative effects of

all alternatives. Stipulations will be developed to mitigate effects

and protect other resources, and the effectiveness of those

stipulations will be assessed.

The BLM and Forest Service are jointly preparing a Reasonably

Foreseeable Development (RFD) scenario to predict the level and type of

oil and gas activity anticipated to occur for the 10-15 year period

following leasing. The RFD is based on known geologic, economic, and

technical information for the local area. This RFD will be used to

analyze the effects of the proposed action and alternatives.

The Forest Service will continue to involve the public and inform

interested and affected parties on how to participate and contribute to

the final decision. Another formal opportunity for response will be

provided following completion of a Draft EIS.

The Draft EIS should be available for review in the fall of 1994.

The Final EIS is scheduled for completion in September 1995.

The comment period on the Draft EIS will be 45 days from the date

the Environmental Protection Agency publishes the Notice of

Availability in the Federal Register.

The Forest Supervisor for the Lewis and Clark National Forest has

been assigned the task of compiling the EIS. However, the officials

responsible for making the decision resulting from the analysis are:

David F. Jolly, Northern Region Regional Forester, Federal Building,

200 E. Broadway, P.O Box 7669, Missoula, MT 59807; and State Director,

USDI-Bureau of Land Management, Montana State Office, 222 North 32nd

Street, P.O. Box 36800, Billings, MT 59107-6800.

They will decide on an alternative to be implemented after

considering comments and responses, environmental consequences

discussed in the Final EIS, and applicable laws, regulations, and

policies. The decision and reasons for the decision will be documented

in a Record of Decision.

The comment period on the Draft Environmental Impact Statement will

have 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 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 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 Cr. 1986) and Wisconsin Heritages, Inc. v. Harris, 490

F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,

it is very important those interested in this proposed action

participate by the close of the 45-day comment period so substantive

comments and objections can be made available to the Forest Service at

a time when it can meaningfully consider 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 during the scoping period

should be as specific as possible. Initial comments concerning the

scope of the analysis should be mailed to John D. Gorman, Forest

Supervisor by March 31, 1994. When the Draft EIS is released, it is

also helpful if comments refer to specific pages or chapters in the

draft document. Comments may also address the adequacy of the Draft EIS

or the merits of the alternatives formulated and discussed in the

statement. Reviewers may wish to refer to the Council on Environmental

Quality Regulations for implementing the procedural provisions of the

National Environmental Policy Act at 40 CFR 1503.3 in addressing these

points.

Dated: February 17, 1994.

John D. Gorman,

Forest Supervisor.

[FR Doc. 94-4134 Filed 2-23-94; 8:45 am]

BILLING CODE 3410-11-M