Authorizing BLM To Offer Oil and Gas Leases in Management Areas 21, 45, 71, 72; Bridger-Teton National Forest; Teton, Sublette and Fremont Counties, Wyoming

DEPARTMENT OF AGRICULTURE

Forest Service

Authorizing BLM To Offer Oil and Gas Leases in Management Areas

21, 45, 71, 72; Bridger-Teton National Forest; Teton, Sublette and

Fremont Counties, Wyoming

AGENCY: Forest Service, USDA--Lead Agency; Bureau of Land Management

(BLM) Cooperating Agency.

ACTION: Notice of intent to prepare Environmental Impact Statement.

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SUMMARY: The Bridger-Teton National Forest will prepare an

Environmental Impact Statement (EIS) to document the analysis and

disclose the environmental impacts of the proposed authorization of the

BLM to offer oil and gas leases in Management Areas 21, 45, 71, and 72.

The 1990 Bridger-Teton National Forest Land and Resource Management

Plan identified all of Management Areas 21, 45, 71, and 72 as available

for oil and gas leasing. The Forest Plan did not make the leasing

decision for site specific lands. Therefore, because the Forest Plan

made no site-specific decisions, the Forest Plan did not make an

irreversible commitment of resources. The next step in the leasing

process is to complete a site specific analysis of the Management

Areas. The oil and gas leasing analysis is tiered to the oil and gas

analysis contained within the Bridger-Teton National Forest Land and

Resource Management Plan Final Environmental Impact Statement and

analyzes resource issues at a smaller scale and incorporates any new

resource information. The purpose of offering Management Areas 21, 45,

71, and 72 is to provide opportunities for exploration and development

of leasable minerals. A specific objective of the 1990 Bridger-Teton

National Forest Land and Resource Management Plan is to ``Provide

leasable, locatable, and salable mineral exploration and development

opportunities'' (see Goal and objective 1.1 (d) page 113 Bridger-Teton

National Forest Land and

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Resource Management Plan). Additionally, the Federal government's

policy for minerals resource management is expressed in the Mining and

Minerals Policy Act of 1970. The Act directs the Forest Service to

``foster and encourage private enterprise in the development of

economically sound and stable industries and in the orderly and

economic development of domestic resources* * *''

DATES: Written comments concerning the scope of the analysis described

in this Notice should be received by March 2, 1998, to ensure timely

consideration. Comments previously submitted in response to the scoping

for the proposed Environmental Assessment dealing with leasing

Management Areas 45, 21, 71, and 72 will be included in this analysis.

These previous comments do not need to be resubmitted. Scoping meetings

are planned for February 10, 1998 in Jackson, Wyoming at 7:00 pm in the

Teton County Library and February 12, 1998 in Pinedale, Wyoming at 7:00

pm in the Sublette County Library.

ADDRESSES: Send written comments to Rick Anderson, Project Coordinator,

Bridger-Teton National Forest, P.O. Box 1888, Jackson, WY 83001. E-Mail

comments may be sent to: eis/[email protected]

FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed

action and EIS should be directed to Rick Anderson at (307) 739-5558,

or through writing or electronic mail to the addresses listed above.

SUPPLEMENTARY INFORMATION: When the Bridger-Teton National Forest Land

and Resource Management Plan was approved in 1990 it identified at a

programmatic level the lands available for oil and gas leasing. The

next step in the leasing process is for the Forest Service to perform a

site specific leasing analysis tiered to the Forest Plan. The purpose

of this analysis is to implement the authority granted to the Forest

Service by the Federal Onshore Oil and Gas Leasing Reform Act of 1987

and the implementing regulations (36 CFR 228 E), and to make the

leasing decision for the specific lands for which interest in leasing

has been expressed.

Conducting this analysis and making the necessary determinations

will include the following steps or determinations:

(a) Verify that the leasing of these lands is consistent with the

Forest Plan.

(b) Determine that the leasing has been adequately addressed in a

National Environmental Policy Act (NEPA) document.

(c) Determine if further analysis is needed resulting from new

circumstances or new information.

(d) Determine which specific lands and under what conditions the

Forest Service will consent to authorize the Bureau of Land Management

(BLM) to offer for lease.

Conducting an environmental analysis on a proposed leasing action

is triggered when the BLM receives an Expression of Interest in leasing

a specific area. The Expression of Interest means an entity has

identified a block of land that it wants to be offered for leasing. In

cases where no site-specific analysis has been completed, this action

requires the Forest Service to complete an analysis of the area to

determine which of the nominated lands it will consent to be leased and

to identify under what conditions the oil and gas activities will be

permitted. The Bridger-Teton National Forest will analyze the entire

Management Areas where the nominated lands are located.

To satisfy the requirements of the National Environmental Policy

Act (NEPA), a proposed action must be identified by the Forest Service.

A proposed action is not necessarily what will occur on the ground. It

is a starting point for identification of issues and alternatives.

The Forest Service proposes to authorize the BLM to offer oil and

gas leases in four areas of the Bridger-Teton National Forest.

The first area, Management Area 21, also known as the Hoback Basin

Area contains approximately 72,400 acres of National Forest System

lands and is located about 25 miles southeast of Jackson surrounding

the community of Bondurant, WY, in Sublette County. The second area,

Management Area 45, also known as the Moccasin Basin Area contains

approximately 58,000 acres of National Forest System land and is

located about 30 miles northeast of Jackson, WY, in Teton County. The

third area, Management Area 71, also known as the Union Pass Area

contains approximately 87,000 acres of National Forest System land and

is located about 40 miles north of Pinedale, WY, in Fremont, Sublette

and Teton Counties. The fourth area, Management Area 72, also known as

the Upper Green River Area contains approximately 152,500 acres of

National Forest System land and is located about 30 miles north of

Pinedale, WY, in Sublette and Teton Counties.

The Final Environmental Impact Statement (FEIS) for the Bridger-

Teton National Forest Land and Resource Management Plan estimates

reasonable foreseeable developments for each of the Management Areas of

the Forest. The estimate for Management Area 21 indicates that ``In the

event of a discovery, gas with some oil or condensate would most likely

be encountered, and field development would involve up to 5 wells.

Wells would be drilled on 640 acre spacing.'' (FEIS p. 244) It is

estimated that there would be two exploratory wells in this area. The

estimation for Management Area 45 is stated as, ``the potential for the

occurrence of oil and gas in this MA is high. Any discoveries will

probably be gas with some oil or condensate. Spacing would be 640 acres

with about 10 wells.'' (FEIS p. 197) Two of the 10 wells are expected

to be exploratory wells. The estimate for MA 71 is stated as: ``The

potential for the occurrence of hydrocarbons is rated high. Cretaceous

through Paleozoic rocks are believed to be present along with good

structural possibilities. If discovery is made, wells would be spaced

on 640 acres with up to 10 wells drilled.'' (FEIS p. 198). The estimate

for MA 72 is: ``The MA is rated as high for the occurrence of

hydrocarbons * * * Less activity is expected here than on other MAs but

it is estimated that some activity will occur. Gas would most likely be

encountered in a discovery with some associated oil or condensate. Well

spacing would be 640 acres. In the event that a discovery is made up to

5 wells may be drilled.'' (FEIS p. 224)

The development scenarios are based on an assumption that each

exploratory well will have an average total disturbance of 15 acres--11

of which will be stabilized in about three years for a producer. Dry

and abandoned wells will have no facilities and all acreage will be

stabilized (FEIS p. 192)

Prior to deciding to analyze the proposed action using an

Environmental Impact Statement, scoping was conducted to identify

issues to be analyzed through an Environmental Assessment. This

previous scoping identified many issues which will be considered in the

Environmental Impact Statement. The many issues received relate to the

general categories listed below:

Economic Impacts.

Social Impacts.

Effects on community and regional infrastructure.

Effects on Air quality.

Effects on Wilderness Areas, roadless areas, and other

special management areas.

Effects on wildlife.

Effects on vegetation.

Effects on water quality and fisheries.

Effects on the character of the area.

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Effects on quality of life for residents and visitor

experience issues.

Effects on National Forest recreation opportunities.

Effects on Paleontologic Resources.

The cumulative effects of the proposed oil and gas

activities combined with the impacts of other actions on a wide

spectrum of ecological and human environment areas of concern.

Broadscale effects on the region including the neighboring

National Parks.

Adequacy of the Bridger-Teton National Forest Land and

Resource Management Plan Final Environmental Impact Statement oil and

gas leasing scenarios for site-specific analysis and decision making.

The previously submitted specific issues relating to the above

general categories will be considered in this Environmental Impact

Statement. Other potential issues may be identified during the current

scoping period.

The Forest Service is seeking information and comments from

Federal, State, and local agencies, as well as individuals and

organizations who may be interested in, or affected by, the proposed

action. The Forest Service invites written comments and suggestions on

the issues related to the proposal and the area being analyzed.

Information received will be used in preparation of the draft EIS

and final EIS. For the most effective use, comments should be submitted

to the Forest Service by March 2, 1998.

The Responsible Official is Thomas Puchlerz, Acting Forest

Supervisor, Bidger-Teton National Forest, Jackson, WY. The decision to

be made is whether or not to authorize the BLM to offer specific lands

for lease, subject to the Forest Service ensuring that correct

stipulations are attached to the leases issued by the BLM

(36CFR228.102(e)). The draft EIS is expected to be available for public

review in January 1999, with a final EIS estimated to be completed in

July 1999. 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 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 EIS's 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. Vermont Yankee Nuclear Power

Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections

that could be raised at the draft EIS stage but that are not raised

until after completion of the final EIS may be waived or dismissed by

the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir.

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

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 EIS.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action, comments on the draft EIS should

be as specific as possible. It is also helpful if comments refer to

specific pages or chapters of the draft EIS. Comments may also address

the adequacy of the draft EIS or the merits of the alternatives

formulated and discussed in the draft EIS. Reviewers may wish to refer

to the Council on Environmental Quality Regulations for implementing

the procedural provisions of the National Environmental Policy Act at

CFR 40 1503.3 in addressing these points.

Comments received in response to this solicitation, including names

and addresses of those who comment, will be considered part of the

public record on this proposed action and will be available for public

inspection. Comments submitted anonymously will be accepted and

considered; however, those who submit anonymous comments will not have

standing to appeal the subsequent decision under 36 CFR 215 or 217.

Additionally, pursuant to CFR 1.27(d), any person may request the

agency to withhold a submission from the public record by showing how

the Freedom of Information Act (FOIA) permits such confidentiality.

Persons requesting such confidentially should be aware that, under the

FOIA, confidentiality may be granted in only limited circumstances,

such as to protect trade secrets. The Forest Service will inform the

requester of the agency's decision regarding the request for

confidentiality, and where the request is denied, the agency will

return the submission and notify the requester that the comments may be

resubmitted with or without name and address within 10 days.

Dated: January 19, 1998.

Michael Schrotz,

Acting Deputy Forest Supervisor, Brider-Teton National Forest, USDA

Forest Service.

[FR Doc. 98-748 Filed 1-14-98; 8:45 am]

BILLING CODE 3410-11-M