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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A96-6775

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** March 21, 1996
- **Citation:** 61 FR 11602

## Text

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).

[[Page 11603]]

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-6775. Public record. Not legal advice.