Oil and Gas Leasing Analysis; Helena & Deerlodge National Forests, MT

DEPARTMENT OF AGRICULTURE

Forest Service

Oil and Gas Leasing Analysis; Helena & Deerlodge National

Forests, MT

Counties: Lewis and Clark, Powell, Jefferson, Broadwater, and

Meagher.

State: Montana.

AGENCIES: Forest Service, USDA & Bureau of Land Management, USDI.

ACTION: Intent to prepare a supplement to the Final Environmental

Impact Statement (FEIS) for the Helena National Forest and Elkhorn

Portion of the Deerlodge National Forest Oil and Gas Leasing Analysis.

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SUMMARY: USDA Forest Service and USDI Bureau of Land Management will

prepare a supplement to the FEIS to disclose the potential cumulative

impacts of oil and gas leasing and other reasonably foreseeable

projects that have arisen since the FEIS was completed in April, 1995.

A year elapsed between completion of the FEIS and publication of the

Record of Decision (ROD), and new project proposals had arisen in the

interim. The cumulative effects of these reasonably foreseeable

projects have not been fully disclosed. This information will be added

to previous information for the decision makers as they reconsider

their decisions. The area covered by this supplement includes National

Forest and split estate lands with Federal mineral ownership within the

Helena National Forest and the Elkhorn Mountains portion of the

Deerlodge National Forest.

The original Notice of Intent to prepare an Environmental Statement

was published in the Federal Register, December 1, 1992, Volume 57, No.

231 page 55900. An amendment to this Notice of Intent was published in

the Federal Register, August 19, 1993, volume 58, No. 159 page 44159.

The Record of Decision was signed on February 12, 1996 by Forest

Supervisor Thomas J. Clifford; and February 14, 1996 by BLM State

Director Larry E. Hamilton. The Notice of availability of the Oil & Gas

leasing decisions for the Helena Forest and Elkhorn Mountain portions

of the Deerlodge National Forest was filed March 5, 1996. This decision

was appealed through both the Forest Service and Bureau of Land

Management administrative appeals processes. The BLM filed a motion for

remand on June 27, 1996 and the BLM decisions were set aside by

Administrative Judge John H. Kelly on July 9, 1996. Acting Helena

Forest Supervisor Jim Guest withdrew the Forest Service decisions on

July 30, 1996. This will allow the potential cumulative impacts of oil

and gas leasing and other reasonably foreseeable projects that have

arisen since the FEIS was published to be analyzed and considered.

The purpose of the project remains the same as stated in the 1995

FEIS. The Forest Service will decide which lands are available for

lease and what mitigating stipulations apply for oil and gas

exploration and development. The Forest Service proposes to make minor

modifications from the preferred alternative displayed in the February

14, 1996 decision. The modifications include increasing the

administratively unavailable acres in the Tenmile area (Helena

municipal water supply) and increasing the No Surface Occupancy acres

within the Black Mountain area. These changes are proposed following

discussions with appellants as part of the administrative appeals

process. Other Than the above, issues and alternatives remain the same

as disclosed in the 1995 FEIS.

No additional scoping to identify issues and concerns is planned

prior to the release of the supplement to the

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Environmental Impact Statement. However, the Forest Service and Bureau

of Land Management would like to receive information relating to

possible changed conditions that may affect leasing decisions and were

not considered during the analysis disclosed in the original document.

The agencies are aware of the following reasonably foreseeable

proposals and projects which may affect the area under consideration

for leasing.

Mining/Mine Reclamation

--Diamond Hill T7N, R1W

--Santa Fe Gold T6N, R2-3N

--Charter Oak Rehabilitation, T9N, R7W

--Vosberg Reclamation T7N, R1W

Vegetation Manipulation

--Poorman T13N, R7-8N

--North Elkhorns T8-9N, R2W

--Bull Sweats T11-12N, R1-2W

--Jericho Salvage T8N, R6W

Elkhorn Travel Plan T6-9N, R1E, R1-3W

Tizer/Park Lake Exchange T8N, R5W; T7N, R2W

DATE: Written comments and suggestions on new circumstances, or new

information relevant to environmental concerns with a bearing on this

proposed project, or its impacts, should be received by no later than

October 15, 1996. A Draft Supplement is scheduled for release in

November, 1996. A Final Supplement to the EIS is scheduled for release

in February, 1997.

ADDRESSES: Submit written comments and suggestions to Forest

Supervisor, Helena National Forest, 2880 Skyway Drive, Helena, Mt.

59601.

FOR FURTHER INFORMATION CONTACT:

Tom Andersen, Helena National Forest, 2880 Skyway Drive, Helena, Mt.

59601; phone (406) 449-5201 ext 277.

SUPPLEMENTARY INFORMATION: The Forest Supervisor for the Helena

National Forest has been assigned the task of completing the

Supplement. The responsible officials who will make the leasing

decisions are: Thomas J. Clifford, Forest Supervisor, Helena National

Forest, 2880 Skyway Drive, Helena, Mt. 59601; and Larry E. Hamilton,

State Director, USDI-Bureau of Land Management, Montana State Office,

222 North 32nd Street, PO Box 36800, Billings, Mt 59107-6800.

They will decide on this proposal after considering comments,

responses, and environmental consequences discussed in the FEIS

(released March 4, 1996), information contained in this Supplement,

(scheduled for release January, 1997) and applicable laws, regulations,

and policies. The decision, rationale for the decision, and responses

to comments received, will be documented in the FEIS supplement, and in

a Record of Decision (ROD).

The comment period on the draft supplement will be 45 days from the

date the Environmental Protection Agency publishes the notice of

availability in the Federal Register.

The Forest Service and Bureau of Land Management believe, 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 supplements must structure their

participation on the environmental review of the proposal so that it is

meaningful and alerts an agency to the reviewer's position and

contentions. Vermont Yankee Power Corp. v. NRDC, 435 U.S. 519,553

(1978). Also, environmental objections that could be raised at the

draft supplement stage but that are not raised until after completion

of the final supplement may be waived or dismissed by the courts. City

of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wilson

Heritages, Inc. v. Harris, 490 F. Suppl 1334, 1338 (E.D.Wis. 1980).

Because of these court rulings, it is very important that those

interested in this proposed action participate by the close of the 45

day comment period so that substantive comments and objectives are made

available to the Forest Service at a time when it can meaningfully

consider them and respond to them in the final supplement.

To assist the Forest Service and Bureau of Land Management in

identifying and considering concerns on the proposed action, comments

on the draft supplement should be as specific as possible. It is also

helpful if comments refer to specific pages of the draft supplement.

Comments may also address the adequacy of the draft supplement.

Reviewers may wish to refer to the Council of Environmental Quality

Regulations for implementing the procedural provisions of the National

Environmental Policy Act at 40 CFR 1503.3 in addressing these points.

Dated: August 21, 1996.

James E. Guest,

Acting Forest Supervisor, Helena National Forest.

[FR Doc. 96-23337 Filed 9-11-96; 8:45 am]

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