Oil and Gas Leasing; Custer National Forest, Sioux Ranger District; Harding County, SD

DEPARTMENT OF AGRICULTURE

Oil and Gas Leasing; Custer National Forest, Sioux Ranger

District; Harding County, SD

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

ACTION: Notice; intent to prepare environmental impact statement.

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SUMMARY: The USDA, Forest Service, and the USDI, Bureau of Land

Management (BLM) will prepare an Environmental Impact Statement (EIS)

to disclose the environmental effects of oil and gas leasing and

reasonable foreseeable actions resulting from subsequent exploration

and development, as well as interconnected actions, on the portion of

the Sioux Ranger District in South Dakota. The Forest Service and BLM

are joint lead agencies for the preparation of this document (40 CFR

1501.5).

The Custer National Forest and Resources Management Plan (Forest

Plan) and Record of Decision (1987) identified which lands on the

Forest are available for oil and gas leasing. This EIS, consistent with

the Federal Onshore Oil and Gas Reform Act of 1987, will reaffirm the

administratively available decision, identify specific lands the BLM

would be authorized to lease, and develop site-specific lease

stipulations designed to reduce impacts to surface resource values.

This analysis will evaluate reasonable foreseeable impacts of post-

leasing activity. The analysis will tier to the Forest Plan

Environmental Impact Statement.

DATES: Comments concerning the scope of the analysis should be received

in writing by April 22, 1996.

ADDRESSES: Send written comments to Nancy Curriden, Forest Supervisor,

Custer National Forest, P.O. Box 2556, Billings, Montana 59103.

FOR FURTHER INFORMATION CONTACT: Mark Slacks, EIS Team Leader, Custer

National Forest, 406-657-6361 or 701-842-2393.

SUPPLEMENTARY INFORMATION: This analysis will address oil and gas

leasing and the site-specific application of lease stipulations for

Federal minerals within National Forest System (NFS) lands located in

Harding County, South Dakota. Included are all Federal minerals within

National Forest boundaries of the North and South Cave Hills, Slim

Buttes, and East and West Short Pine Hills. The project area

encompasses approximately 77,330 acres, 9,575 acres of which are

currently leased for oil and gas development.

This EIS will address the environmental effects of leasing in the

various management areas defined in the Forest Plan. The scope of the

EIS will be confined to those issues associated with oil and gas

leasing and subsequent activities and will not address land allocations

made in the Forest Plan.

The Custer Forest Plan identifies Forest-wide and management area

multiple use goals, objectives and standards. Oil and gas leasing and

possible subsequent exploration and development activities and their

individual and cumulative effects were considered in the development of

Forest-wide goals and objectives, as well as in the development of

specific management area direction. The goals for the ten management

areas (MAs) within the project area are very briefly summarized here:

MA B, provides for the continuation of livestock grazing; MA C, to

manage for key wildlife habitat areas; MA D, to maintain or improve

long-term diversity and quality of habitat for selected species; MA E,

to facilitate exploration, development and production of energy and

mineral resources; MA F, to provide a spectrum of recreation

opportunities; MA L, to provide opportunities for research, study, and

monitoring of natural-occurring ecological processes; MA M, to provide

healthy, self-perpetuating riparian plant and water communities; MA N,

to provide healthy, self perpetuating woody draw plant communities; MA

O, to protect the unique geological and scenic features of National

Natural Landmarks; and MA P, to provide adequate facilities for the

administration of the Custer National Forest. The Forest Plan

identifies lease stipulations to be applied by Management Area (also

Appendix V). Briefly and in part, no surface use stipulations are

recommended for riparian areas, wetlands, floodplains, slopes exceeding

40%, fragile soils, areas of mass failure hazard, Management Area C,

recreation areas, national natural landmarks, and administrative areas.

Surface occupancy Restrictions and Limited Surface Use stipulations are

used primarily for wildlife, visual and recreation values.

The Forest Supervisor will decide which National Forest System

lands are administratively available for oil and gas leasing and with

what, if any, stipulations for other surface resource protection. The

Forest Supervisor will also decide what specific National Forest system

lands the BLM will be authorized to offer for lease, subject to the

Forest Service required stipulations.

The BLM State Director will decide whether or not to offer for

lease those specific lands authorized by the Forest Service. The State

Director will also decide whether or not to lease Federal minerals

beneath non-Federal lands (split estate lands) within the project area

(there are approximately 165 acres of split estate lands under BLM

jurisdiction within the project area).

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The Responsible Officials for this EIS and these decisions are

Nancy Curriden, Forest Supervisor, and Larry E. Hamilton, BLM State

Director.

Additional Resource Information

The project area consists of National Forest System lands within

the following Townships and Ranges within Harding County, South Dakota:

T 17 N, R 1 E; T 16 N, R(s) 3 & 4 E; T(s) 20, 21, & 22 N, R(s) 4, 5, &

6 E; and T(s) 16, 17, 18, & 19 N, R(s) 7, 8, & 9 E; Black Hills

Meridian. As noted previously, this includes the North and South Cave

Hills, Slim Buttes, and East and West Short Pine Hills. All National

Forest System lands within the project area lie within a 30 mile radius

of Buffalo, South Dakota. The following information provides a synopsis

of the resources found within the project area.

The project area includes five forested hill or butte areas

situated like islands in the extensive grasslands in northwestern South

Dakota. These island-like hills or buttes are comprised of sandstone

and are geologically younger than the surrounding grasslands. The

geology, soils, and topographic relief of the hills and buttes, along

with increasing precipitation from the prairie to the tops of the

buttes, results in a biologically diverse area.

Geologic Resources

There are a number of caves, paleontological resources, and special

geologic features within the project area. In addition to providing an

opportunity for scientific study, these geologic features have been

used historically and prehistorically, and continue to be used, by

Native Americans as well as others. Caves also provide habitat for

certain species of vertebrate and invertebrate creatures. Additionally,

much of the analysis area is rich in vertebrate and invertebrate

fossils.

The Castles National Natural Landmark is a special geologic feature

that lies within the project area. This landmark was added to the

National Register of Natural Landmarks in 1978, is 1,005 acres in size,

and is located in the northern part of the Slim Buttes.

Other special geologic features that may exist within the project

area are Cretaceous/Tertiary (K/T) boundary outcrops and geologic type

sections. The K/T boundary marks a major extinction even in geologic

time. The formations representing this event are exposed in the project

area. Some such outcrops have world-class characteristics, literally

occurring in only a few places in the world. Geologic type sections are

the outcrop areas for a particular rock formation for which the

formation was originally described and named.

Heritage Resources

Internationally recognized rock art is located in the North Cave

Hills, of which 102 of these sites are currently listed on the National

Register of Historic Places. The Cave Hills have been recognized as

having the highest site density in the Custer National Forest. The

Native American communities continue to use traditional hunting, and

plant and mineral gathering areas within the project area. The

Cheyenne, Sioux and Assiniboine have expressed concern over the proper

treatment of traditional cultural properties and burials located in the

project area. The site of the Battle of the Slim Buttes is adjacent to

the project area, and is considered sacred to the Lakota Sioux. Ludlow

Cave is located in the Cave Hills and is considered one of the most

important sites in the State of South Dakota, as well as being

considered sacred to the Hidatsa, Crow, Arikara, Cheyenne, Assiniboine,

and Sioux.

Hydrologic Resources

The project area is at the divides for tributaries draining into

the Little Missouri, Gran, and Moreau Rivers. Streamflows are erratic,

with most streams being intermittent in nature. During most of the year

surface water is generally lacking. Water quality within the project

area has not been measured, but may be better than the surrounding

areas because of the sandy soils on the buttes. Ground water supplies

in general range from poor to fair in quality.

Recreation and Visual Resources

There are two developed recreation sites (Reva Gap and Picnic

Springs), numerous dispersed sites, caves, a proposed Research Natural

Area (Deer Draw), and The Castles National Natural Landmark within the

project area. In addition, the area is popular for hunting deer,

turkey, antelope, and grouse (sage and sharptail).

Each of the five geographic areas (buttes) within the project area

stand out like islands from the sea of grass surrounding them. Their

striking contrast to the prairie around them results in a unique, high-

quality visual experience.

Social and Economic Resources

The communities within and near the project area rely on income

from numerous sources, including livestock production, crops farming

(primarily wheat, oats, and barley), tourism and recreation, and oil

and gas development.

Special Areas--Research Natural Areas/Special Interest Areas

There are two special areas within the project area. The Castles

National Natural Landmark is a Special Interest Area and was discussed

previously. Deer Draw, located in the Slim Buttes, is a proposed

Research Natural Area. Deer Draw features vegetation types which are

absent from other designated natural areas within the region. Of

primary significance is the presence of an interconnected series of

woody draws in good to excellent ecological condition.

Transportation System

The present road network is accessed by County and State roads

which pass through or by the isolated areas of National Forest System

lands. This road network provides access to nearly every section of

land in the project area. Road standards vary from double lane paved

roads to unconstructed single lane wheel tracks. Primary uses of State

and County roads include farm and ranch use, tourism, oil production

activity, National forest access, hunting, and general access or

through travel. Primary uses of the National Forest road system

includes recreation visits (pleasure driving, hunting, camping,

picnicking, etc.), National Forest administration, and other National

Forest uses (grazing, oil production, mineral exploration).

Preliminary Issues

Based on comments made by the public on past proposals or actions,

the following is a list of preliminary issues to be addressed in this

Environmental Impact Statement. This list is subject to verification,

and will be confirmed or modified based on the public responses

received during this scoping process.

1. Sulfur dioxide and hydrogen sulfide, as well as other noxious

gases, are common emissions from oil wells in some areas of the

Williston Basin. Also, there would be additional emissions from

equipment and vehicles used in oil and gas exploration, development,

and production (e.g. drilling rigs and pump jacks powered by internal

combustion engines). There is the potential to exceed established air

quality standards from noxious gases emitted from oil and gas

development, as well as from equipment and vehicle emissions.

2. Oil and gas exploration, development, and production may affect

threatened and endangered species or sensitive species. There are

concerns that oil and gas exploration, development, production, and

rehabilitation could affect habitats,

[[Page 11604]]

resulting in a change of plant and wildlife populations.

3. Caves are created by geologic processes and cave features (e.g.

ice, stalactites, stalagmites, crystals, etc.) are important from a

scientific perspective. Cave features may be vandalized, or possibly

destroyed, as a result of increased access into an area, precluding

scientific study of cave formation and cave processes. In addition, oil

and gas exploration, development, and production may affect cave

hydrology, biological resources, heritage resources, air flow, mineral

formations, and is a possible source of pollution from spills and

accidents. Also, cave-dwelling wildlife, especially bats, could be

affected by oil and gas development activities.

4. Much of the analysis area is rich in vertebrate and invertebrate

fossils. There are concerns over the possible destruction and loss of

these resources. These activities may also create new fossil-bearing

exposures that would not otherwise be found.

5. There are special geological features that are present (The

Castles National Natural Landmark), and some that may be present (e.g.

the Cretaceous/Tertiary (K/T) boundary outcrops, and Geologic Type

Sections) within the project area. There are concerns that oil and gas

exploration, development, and production activities may damage or

adversely affect these resources.

6. The entire project area is permitted for livestock grazing.

Access roads and pads for wells and ancillary equipment constructed for

oil and gas exploration, development, and production may affect the

lands permitted for grazing.

7. There are several concerns regarding Heritage Resources:

a. That recorded and unrecorded sites will not receive adequate

protection from oil and gas activities, as well as the potential for

atmospheric and visual intrusions.

b. That improved access could result in site vandalism and

unauthorized site excavation.

c. Native American communities are concerned that traditional

cultural properties, and plant and mineral gathering areas will not

receive respectful treatment.

8. Oil and gas development may affect water resources, including

associated resources such as wetlands and riparian areas. All water

uses, water quality and quantity may be affected by oil and gas

exploration, development, production, and rehabilitation. Also, oil,

hazardous materials, and other fluid spills from production facilities,

trucks, and pipelines may affect surface water quality, as well as

other resource values.

9. There is a concern that vehicles and equipment, as well as the

construction of drilling pads and roads for oil and gas exploration,

development, and production may provide suitable transport and habitat,

respectively, for noxious weeds to infest new and larger areas.

10. Oil and gas development activities have the potential to affect

recreation values and activities within the project area in several

ways. Travel over Forest Development Roads to developed recreation

sites, as well as dispersed sites, could be affected during

exploration, drilling, and production operations. Use of recreation

facilities, the National Forest, a high quality visual experience,

scenic driving (the nation's number one recreational activity),

hunting, and other recreational activities could be affected by

commercial traffic, drilling, and production activities and facilities.

11. Forest Service and Bureau of Land Management surface management

policies which may protect some resources at the expense of others may

have a net positive or negative effect on the total income to

communities. Included with this issue are the effects of Forest Service

surface management policies on the economics of oil and gas development

and production, resulting in the possible preclusion of drilling due to

environmental protection policies.

12. Land ownership within and adjacent to National Forest System

lands in the analysis area is a system of intermingled Federal, State,

and private lands. Availability of Federal lands for oil and gas

leasing affects industry decisions to lease and develop intermingled or

adjacent State and private lands.

13. Jurisdiction or ownership on the National Forest road system,

within the project area, is generally complete, except for segments of

access routes between the Forest boundary and the County road providing

access to the area. Because of the commercial aspect of the proposed

action, lack of clear rights-of-way may create access difficulties for

future, site-specific project decisions.

Preliminary Alternatives

The following have been identified as preliminary alternatives. A

reasonable range of alternatives to the proposed action will be

developed that meet the underlying purpose and need for the proposal,

except the No Action Alternative because it is required under the

National Environmental Policy Act. The Environmental Impact Statement

will discuss the issues, a reasonable range of alternatives to the

proposed action designed to respond to the issues, and the amount of

oil and gas development that might occur under each alternative. The

alternatives can be adjusted to fit specific concerns, and new

alternatives can be developed based on the responses received from the

public and other agencies through the scoping process.

Alternative 1--No Action--No leasing at this time.

Alternative 2--Proposed Action--Issue leases with the stipulations

identified in the Forest Plan.

Alternative 3--Standard Terms--Issue leases with standard lease

terms only, no additional stipulations.

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 noted 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 Environmental Impact Statement 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 mailed to parties

known to be interested in the proposed action by March 22, 1996. The

agency invites written comments and suggestions on this action,

especially regarding identification of issues and alternative

development. An open house will be held in Buffalo, South Dakota

sometime in April 1996. Notification of the time and place of this open

house will be published in local newspapers.

The comment period on the draft environmental impact Statement will

be 45 days from the date the Environmental Protection Agency publishes

the notice of availability in the Federal Register.

A Draft EIS is scheduled for release to the public for comment in

March 1997, and the Final EIS is scheduled for September 1997.

The Forest Service believes it is important to give reviewers

notice at this early stage 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 that it is

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

contentions.

[[Page 11605]]

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 that are not raised until

after completion of the final environmental impact Statement may be

waived or dismissed by the courts. Wisconsin Heritages, Inc. v. Harris,

490 F. Supp. 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 objections are made available to the Forest

Service at a time when it can meaningfully consider them 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 should be as specific as

possible. 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: March 13, 1996.

Nancy T. Curriden,

Forest Supervisor.

[FR Doc. 96-6775 Filed 3-20-96; 8:45 am]

BILLING CODE 3410-11-M