Oil and Gas Leasing; Humboldt-Toiyabe National Forest, White Pine and Nye Counties, Nevada

DEPARTMENT OF AGRICULTURE

Forest Service

Oil and Gas Leasing; Humboldt-Toiyabe National Forest, White Pine

and Nye Counties, Nevada

agency: USDA Federal Energy Regulatory Commission.

action: Notice of intent to prepare an environmental impact statement.

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summary: The U.S. Department of Agriculture, Federal Energy Regulatory

Commission will prepare an Environmental Impact Statement for the

purposes of leasing National Forest System lands in the White Pine,

Grant and Quinn Mountain Ranges (White Pine and Nye Counties, Nevada)

for hydrocarbon exploration, development and production. This EIS will

be prepared by the Forest Service in cooperation with the Bureau of

Land Management, the Nevada Division of Minerals, and Nevada Division

of Wildlife.

dates: Written comments concerning the scope of the analysis should be

received by May 10, 1999 to ensure timely consideration.

addresses: Send written comments to: Monica J. Schwalbach, Assistant

Forest Supervisor, Humboldt-Toiyabe National Forest, P.O. Box 539, Ely,

NV 89301.

for further information: Direct questions about the project and the

preparation of the EIS to Jim Winfrey, Project Team Leader, Humboldt-

Toiyabe National Forest, P.O. Box 539, Ely, NV 89301. Telephone 775-

3031.

supplementary information: Several proponents have requested portions

of the Humboldt-Toiyabe National Forest be made available under the

Bureau of Land Management's Competitive Oil and Gas Lease Sale. The

Forest Service must complete an environmental analysis to determine if

the lands are suitable for leasing and to identify the necessary

conditions of approval prior to authorizing the BLM to offer these

lands.

The proposal would affect approximately 553,135 acres of National

Forest System lands. Preliminary internal scoping had identified

several issues which will be addressed in the analysis process. The

following list of issues is not intended to be all inclusive. Issues

identified by the members of the interdisciplinary team are. (1)

Threatened, endangered and sensitive species and other species of

concerning including Bonneville cutthroat trout, mountain plover, sage

grouse, bats, bighorn sheep, elk, and mule deer; (2) grazing; (3)

surface and groundwater and cumulative effects to watershed; (4)

heritage resources; (5) grazing; (6) noxious weeds; (7) roadless areas;

(8) recreation opportunities; (9) visual, noise and air quality; (10)

economic and social impacts; and (11) safety. These issues, and others

identified during the scoping process will be used to develop

alternatives to the proposed action. In addition, the No Action

alternative will be considered in the analysis.

Public participation is important during the EIS scoping process.

As part of the scoping process, the Forest Service is seeking

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

and other individuals or organizations who may be interested in or

affected by the proposed actions. This input will be used in

preparation of the draft EIS and final EIS.

Several government agencies will be invited to participate in this

project as cooperating or participating agencies. These agencies

include, but are not limited to, Bureau of Land Management, U.S. Fish

and Wildlife Service, U.S. Environmental Protection Agency, Nevada

Division of Environmental Protection, Nevada Division of Wildlife, and

Nevada Division of Minerals.

The Forest Service is the lead agency for this project and Monica

J. Schwalbach, Assistant Forest Supervisor is the responsible official.

She will make the decision to determine which lands are suitable for

leasing and any stipulations which should be included in a lease

agreement. Applicable laws, Forest Service regulations and the Humboldt

National Forest Land and Resource Management Plan (1986) will be taken

into account throughout the analysis.

The Draft EIS is expected to be filed with the U.S. Environmental

Protection Agency (EPA) and be available for review in October, 1999.

At that time, EPA will publish a Notice of Availability of the Draft

EIS in the Federal Register. The comment period on the Draft EIS will

be at least 45 days from the date the EPA's Notice of Availability

appears 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

the draft EIS 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 environmental impact stage but that

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 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 or 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.

Monica J. Schwalbach,

Assistant Forest Supervisor.

[FR Doc 99-8960 Filed 4-9-99; 8:45 am]

BILLING CODE 3410-11-M