[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Notices]
[Pages 58387-58389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21915]


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DEPARTMENT OF AGRICULTURE

Forest Service


Santa Fe National Forest; New Mexico; Oil and Gas Leasing Forest 
Plan Amendment and Road Management

AGENCY: Forest Service, USDA.

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

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SUMMARY: The proposed action is intended to update the Santa Fe 
National Forest Plan by identifying stipulations on new oil and gas 
leases where needed to protect surface resources. The proposal also 
includes a new standard and guideline describing criteria for 
developing conditions of approval for oil and gas development, 
consistent with existing policies. A related action, designating 
specific roads to be decommissioned or closed on Cuba Ranger District, 
will be considered because they require unnecessary maintenance costs, 
pose a risk to sensitive resources, and/or risk exceeding current 
Forest Plan road density standards.

DATES: Comments concerning the scope of the analysis must be received 
by October 20, 2004. The draft environmental impact statement (EIS) is 
expected July 2005 and the final environmental impact statement is 
expected April 2006.

ADDRESSES: Send written comments to: Ellen Dietrich, Project Manager, 
SAIC, 2109 Air Park Road SE., Albuquerque, NM 87106.

FOR FURTHER INFORMATION CONTACT: Ellen Dietrich, Project Manager, SAIC, 
2109 Air Park Road SE., Albuquerque, NM 87106; telephone (505) 842-
7845.

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action

    There is a need to have a more specific and up-to-date description 
of leasing availability and stipulations identified in the Forest Plan, 
as well as more comprehensive National Environmental Policy Act (NEPA) 
analysis of the potential cumulative effects of reasonably foreseeable 
future oil and gas leasing and development on the Santa Fe National 
Forest (SFNF). This is needed to meet the regulations at 36 CFR 228.102 
regarding Forest Plan leasing analysis and decisions and the agency's 
policy to minimize impacts to surface resources while facilitating 
orderly development of oil and gas resources. The NEPA analysis (EIS) 
would address the Expressions of Interest in leasing specific areas 
that have been received by the SFNF.
    The purpose and need for decommissioning certain roads on the Cuba 
Ranger District is to have the minimum system of open and closed roads 
required to meet the Forest Service Roads Policy, road densities within 
Forest Plan standards and guidelines, and roads that do not pose an 
unacceptable risk of damage to wildlife or fish habitat, watershed 
health, or other surface resources.
    The objectives of the amendment are to:
    (1) Improve the programmatic analysis of the effects of oil and gas

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leasing and development on the SFNF, including a cumulative effects 
analysis.
    (2) Improve the timeliness and efficiency in processing current and 
future Expressions of Interest in oil and gas leasing on the SFNF, 
consistent with the national energy policy.
    (3) Improve the agency's ability to protect surface resources that 
may not be adequately addressed by standard leasing terms and 
conditions.
    (4) Meet Forest Plan road density standards and identify which Cuba 
Ranger District roads would be decommissioned or closed because they 
are in excess of minimum road system needs for public or administrative 
use, private land access, or oil and gas operations.
    The current Forest Plan oil and gas leasing availability categories 
were developed in 1979-1982 with limited inventory data or analysis. 
The 1987 Forest Plan leasing direction is too broad and does not 
reflect current resource concerns within the study area. For example, 
the Forest Plan does not identify the timing limitations now required 
for activities within the nesting habitats of Federal threatened or 
endangered species that occur in the study area: Mexican spotted owl 
(threatened), northern goshawk (sensitive), and peregrine falcon 
(sensitive). It does not identify any stipulations for protecting 
riparian areas, unstable steep slopes, significant scenic corridors or 
historic sites, or other resources that may not be adequately protected 
under standard leasing terms and conditions. Most of the oil or gas 
leases on the SFNF were issued prior to 1970 (prior to passage of NEPA 
or the National Forest Management Act), and oil-gas leasing and 
development in the San Juan Basin was authorized without full 
consideration of potential cumulative effects on surface resources.
    Overall, the Forest Plan needs to be amended so it can be used when 
providing agency approval to BLM for issuing new leases on SFNF lands. 
There is a need to complete this amendment now rather than waiting for 
Forest Plan revision, which will not be completed until at least 2009. 
The SFNF has three ``Expressions of Interest'' in oil-gas leasing on 
the SFNF, and over 50% of the Forest has not yet been leased. The 
proposed amendment would not affect existing or transferred leases, and 
would only apply to new leases that may be issued in the future.

Proposed Action

    The proposed action is to update the Forest Plan in terms of oil 
and gas leasing availability by reviewing and refining the current 
Forest Plan leasing analysis and decision, in addition to adding 
specific stipulations of ``no surface occupancy,'' ``controlled surface 
use,'' or ``timing limitation'' where needed to protect surface 
resources. The proposed stipulations describe specific limitations 
regarding surface occupancy or use, their purpose, and the location 
and/or conditions under which they apply. The proposed action would 
only apply to new leases, not existing leases.
    The NEPA analysis for the proposed amendment will evaluate existing 
Expressions of Interest received from the oil and gas industry in order 
to provide timely recommendations to Bureau of Land Management (BLM) 
for issuing oil or gas leases on those SFNF lands.
    New proposed stipulations include: timing limitations to protect 
spotted owl, northern goshawk, peregrine falcon habitats; controlled 
surface use for certain riparian, inventoried roadless, and scenic 
areas; and no surface occupancy for certain unstable slopes, roadless 
recreation areas, and specific heritage resource sites.
    The proposal does not include any conditions of approval or 
mitigation measures, which are developed and applied during 2nd level 
NEPA analysis for Applications for Permits to Drill (APD). However, the 
proposal includes a Forest Plan standard/guideline that requires 
consistency with existing BLM and Forest Service policies for 
conditions of approval in the San Juan Basin (e.g., for noise, air 
quality, reclamation, visual quality).
    The proposal also includes designating specific roads to be 
decommissioned or closed because they require unnecessary maintenance 
costs and pose a risk of impacts to sensitive resources, and/or risk 
exceeding Forest Plan road density standards. All roads on Cuba Ranger 
District will be considered, including the small portion outside the 
oil and gas study area, as they form a connected and interrelated 
travel network. Where the Coyote Ranger District overlaps the northeast 
portion of the oil and gas study area, the analysis will consider the 
cumulative effects of the Coyote Ranger District's Road Decommissioning 
and Closure EA and NEPA decision (expected to be completed in the fall 
of 2004).

Lead and Cooperating Agencies

    The USDA Forest Service is the lead agency and the USDI Bureau of 
Land Management is a cooperating agency in the preparation of this EIS.

Responsible Official

    Gilbert Zepeda, Forest Supervisor, Santa Fe National Forest, 1474 
Rodeo Road, Santa Fe, NM 87505-5630.

Nature of Decisions To Be Made

    (1a) In accordance with 36 CFR 228.102, the Forest Supervisor will 
decide which areas will be:
    (i) Open to development subject to standard oil and gas leasing 
terms and conditions.
    (ii) Open to development but subject to constraints that will 
require the use of lease stipulations such as No Surface Occupancy or 
specific Controlled Surface Use constraints, with discussion as to why 
the constraints are necessary and justifiable.
    (iii) Closed to leasing due to a specific law or regulation or 
Forest Service policy.
    (1b) The Forest Supervisor will decide under what conditions the 
Forest Service will authorize the Bureau of Land Management to modify, 
waive, or grant an exception to a stipulation.
    (1c) Per leasing analysis requirements in 36 CFR 228.102, the 
Forest Supervisor will consider: (i) Alternatives to the proposal, 
including that of: (a) Not allowing leasing; and (b) not changing 
current Forest Plan leasing standards/guidelines. (ii) The type and 
amount of post-leasing activity and associated cumulative impacts, 
consistent with a reasonably foreseeable oil-gas development scenario.
    (2) For specific areas currently being considered for leasing, the 
Forest Supervisor will determine whether oil or gas leasing would be 
consistent with the amended Forest Plan, and if so, will authorize the 
Bureau of Land Management to offer those specific lands for lease.
    (3) The District Ranger for the Cuba Ranger District will make a 
separate project-level NEPA decision as to which roads, if any, would 
be authorized for decommissioning or closure, consistent with the 
Forest Service Roads Policy.

Scoping Process

    After publication of the Notice of Intent, a scoping letter 
describing the purpose and need for the project and the proposed action 
will be sent to a broad list of people who are likely to be interested 
in the EIS and the decisions to be made. During the scoping comment 
period and following distribution of the scoping letter, meetings will 
be held in Cuba and Santa Fe, New Mexico, with a focus on addressing 
questions and concerns. The Forest Service will also meet with 
agencies, organizations or groups in

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other areas upon their request. Concerns regarding any of the proposed 
actions or decisions to be made may be mailed to SAIC (address above) 
or provided during the meetings. These comments will be reviewed and 
considered in the development and evaluation of alternatives in the 
EIS.

Preliminary Issues To Be Addressed in the EIS

    Resource Protection: The EIS will address how proposed new leasing 
stipulations (and each alternative) would affect the protection of 
resources, such as archaeological resources, special status wildlife 
species, roadless areas, air quality, and water resources.
    Oil-Gas Operations Constraints: The EIS will address how proposed 
new leasing stipulations (and each alternative) would affect oil and 
gas company operations on any new lease issued after the Forest Plan 
amendment is approved.

Comment Requested

    This notice of intent initiates the scoping process, which guides 
the development of the environmental impact statement.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement will be prepared for 
comment. The comment period on the draft environmental impact statement 
will be 90 days from the date the Environmental Protection Agency 
publishes the notice of availability of the DEIS 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 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. 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. 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 15-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 on the draft environmental impact statement 
should be as specific as possible. It is also helpful if comments refer 
to specific pages or chapters of the draft statement. Comments may also 
address the adequacy of the draft environmental impact statement or the 
merits of the alternatives formulated and 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.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)

    Dated: September 24, 2004.
Judy Dinwiddie,
Acting Forest Supervisor.
[FR Doc. 04-21915 Filed 9-29-04; 8:45 am]
BILLING CODE 3410-11-P