Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices 11905 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R7–R–2009–N282; 70133–1265–0000– 

U4] 

Yukon Flats National Wildlife Refuge, 

Fairbanks, AK 

AGENCY: U.S. Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability of 

proposed land exchange Yukon Flats 

National Wildlife Refuge final 

environmental impact statement. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service, we) announce 

that the Final Environmental Impact 

Statement (FEIS) for a Proposed Land 

Exchange in the Yukon Flats National 

Wildlife Refuge (Refuge), Alaska, is 

available for public review. We 

prepared this FEIS pursuant to the 

National Environmental Policy Act of 

1969 (NEPA) and its implementing 

regulations. The Service is furnishing 

this notice to advise the public and 

other agencies of availability of the 

FEIS. 

DATES: We will accept comments on the 

FEIS up to 30 days from the date of 

publication of this Notice. 

ADDRESSES: Information about the 

Refuge and the FEIS is available on the 

internet at: http:// 

yukonflatseis.ensr.com. You may view 

or download a copy of the FEIS at this 

Web site. Copies of the FEIS may be 

viewed at the Yukon Flats Refuge Office 

in Fairbanks, Alaska, and the U.S. Fish 

and Wildlife Service Regional Office in 

Anchorage, Alaska. You may request a 

paper copy or a compact disk of the 

FEIS. Send your comments or requests 

for more information by any of the 

following methods. 

E-mail: yukonflats_planning@fws.gov. 

Include ‘‘Yukon Flats FEIS’’ in the 

subject line of the message. 

Fax: Attn: Laura Greffenius, EIS 

Project Coordinator, (907) 786–3965. 

U.S. Mail: Laura Greffenius, EIS 

Project Coordinator, U.S. Fish and 

Wildlife Service, 1011 East Tudor Road, 

MS–231, Anchorage, AK 99503. 

In-Person Drop-off: You may drop off 

comments during regular business hours 

at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Laura Greffenius, EIS Project 

Coordinator, phone (907) 786–3872. 

SUPPLEMENTARY INFORMATION: The 

Yukon Flats Refuge is located in eastern 

interior Alaska. The exterior boundaries 

encompass about 11.1 million acres, of 

which about 2.5 million acres are 

owned or selected by Native 

corporations established under the 

Alaska Native Claims Settlement Act of 

1971 (ANCSA; 43 U.S.C. 1601 et seq.). 

The Refuge includes the Yukon Flats, a 

vast wetland basin bisected by the 

Yukon River. The basin is underlain by 

permafrost and includes a complex 

network of lakes, streams, and rivers. 

The Refuge supports the highest density 

of breeding ducks in Alaska, and 

includes one of the greatest waterfowl 

breeding areas in North America. 

Doyon, Limited (Doyon) is an Alaska 

Native Regional Corporation established 

under ANCSA. Under the authority of 

ANCSA, Congress granted to Doyon 

land entitlements within an area that 

later became the Yukon Flats National 

Wildlife Refuge in 1980. Doyon has 

ownership interests in nearly 2 million 

acres within the boundaries of the 

Refuge, including the surface and 

subsurface estates of 1.15 million acres 

of land, and the subsurface estate of 

another 782,000 acres. An additional 

56,500 acres remain to be allocated by 

Doyon to Village Corporations located 

in the Refuge; Doyon would own the 

subsurface to these lands. Doyon is 

owned by over 14,000 Alaska Natives 

(Native Americans) with ties to a large 

portion of interior Alaska. 

Approximately 1,300 people reside in 

nine communities in or near the Yukon 

Flats Refuge. Most residents are Alaska 

Natives and many are Doyon 

shareholders. 

Negotiators for Doyon and the Fish 

and Wildlife Service, Alaska Region, 

agreed in principle to exchange certain 

lands within the Refuge. Under the 

agreement, the United States (U.S.) 

would convey to Doyon the title to 

Refuge lands that may hold developable 

oil and gas resources. In exchange, 

Doyon would convey to the U.S. lands 

owned by Doyon within the Refuge 

boundary. These lands include wetlands 

previously identified by the Service as 

priority fish and wildlife habitats. In 

addition, both parties agreed in 

principle to exchange nearly six 

townships (132,000 acres each) to 

consolidate ownerships and facilitate 

land management within the Refuge. All 

lands acquired by the U.S. would be 

managed as part of the Yukon Flats 

Refuge. Activities on Doyon-owned 

lands are not subject to regulation by the 

Service. 

At the request of Doyon and the 

public, the Service prepared a Draft 

Environmental Impact Statement (DEIS) 

to evaluate the effects of the exchange, 

in accordance with procedures for 

implementing the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321–4370d). The 

DEIS evaluates a range of reasonable 

alternatives, including the following 

four alternatives: Proposed Action: 

Equal-value land exchange (based on 

fair market appraisals) as described in 

the Agreement in Principle (for the full 

text of the Agreement, see Appendix A 

of the DEIS or the project Web site at 

http://yukonflatseis.ensr.com/

yukon_flats/documents_other.htm). 

Under Phase I of this agreement, Doyon 

would receive about 110,000 acres of 

Refuge lands with oil and gas potential 

and 97,000 acres of oil and gas interests 

(no surface occupancy). In exchange, the 

U.S. would receive from Doyon a 

minimum of 150,000 acres with lowland 

fish and wildlife habitats. The actual 

amount of land received from Doyon 

would be more than 150,000 acres if 

appraisals indicate more lands are 

needed to equal the value of the Service 

lands. In addition, Doyon would 

reallocate 56,500 acres of its remaining 

land entitlement under Section 12(b) of 

ANCSA to areas outside the Refuge. 

Both parties would pursue additional 

township-level exchanges to consolidate 

ownerships. If Doyon were to produce 

oil or gas on lands acquired in the 

exchange, under Phase II of the 

Agreement the Service would receive a 

perpetual production payment equal to 

1.25% of the value at the wellhead to be 

used to: (1) Purchase from Doyon up to 

120,000 acres of additional lands or 

interests therein, within the Refuge, (2) 

purchase land or interests therein, from 

other willing sellers in other national 

wildlife refuges in Alaska, or to (3) 

construct facilities in Alaska Refuges. 

Alternative 1: Land exchange with 

non-development easements. The land 

exchange would proceed as described in 

Phase I under the Proposed Action 

above. In addition, at the time of the 

initial exchange, Doyon would donate to 

the U.S. non-development easements 

that preclude development on up to 

120,000 acres of Doyon-owned lands. 

Rather than selling these lands to the 

U.S. in Phase II (as provided for in the 

Proposed Action), Doyon would donate 

the non-development easements 

whether or not oil and gas is produced 

from the exchange lands. If Doyon were 

to produce oil or gas on lands received 

in the exchange, the U.S. would receive 

a perpetual production payment of 

0.25% of the resource value at the 

wellhead rather than 1.25% as provided 

under the Proposed Action. 

Alternative 2: Land exchange 

excluding White-Crazy Mountains. The 

Yukon Flats Comprehensive 

Conservation Plan and Environmental 

Impact Statement recommended 

Wilderness designation for a 658,000 

acre area in the White-Crazy Mountains. 

Under the Proposed Action and 


srobinson on DSKHWCL6B1PROD with NOTICES
11906 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices 

Alternative 1, Doyon would receive title 

to about 26,500 acres of this land; under 

Alternative 2, these 26,500 acres would 

be excluded from the exchange. In 

Phase I of the exchange, Doyon would 

receive title to approximately 83,500 

acres of Refuge lands (surface and 

subsurface) and 105,000 acres of oil and 

gas interests. About 21,000 acres of the 

latter would be within the area 

proposed for Wilderness designation. 

However, only off-site drilling would be 

allowed; there would be no surface 

occupancy by Doyon. From Doyon, the 

U.S. would receive title to a minimum 

of 115,000 acres, but the actual amount 

could be adjusted upward to equalize 

values. The land consolidation 

exchange and 12(b) reallocation 

provisions of Phase I would proceed as 

detailed in the Agreement in Principle. 

Phase II of the exchange would proceed 

as detailed in the Agreement, however 

Doyon’s commitment to sell additional 

lands to the U.S. would be reduced from 

about 120,000 acres to about 81,000 

acres. Potential access rights-of-way 

would cross the proposed White-Crazy 

Mountains Wilderness Area. If Doyon 

were to produce oil or gas on the lands 

received in the exchange, the Service 

would receive a perpetual production 

payment equal to 1.25% of the value at 

the wellhead. 

Alternative 3: No action (no 

exchange). The U.S. would not enter 

into a land exchange with Doyon. This 

is the preferred alternative in the FEIS 

based on public comments received on 

the draft and our analysis. 

Public Availability of Comments 

All public comments we receive, 

including those from individuals, 

become part of the public record, and 

are available to the public upon request. 

Therefore, before including your name, 

address, phone number, e-mail address, 

or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Dated: February 4, 2010. 

Geoffrey L. Haskett, 

Regional Director, U.S. Fish and Wildlife 

Service, Anchorage, Alaska. 

[FR Doc. 2010–3231 Filed 3–11–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLWYP00000–L51100000–GA0000– 

LVEMK09CK380, WYW172684] 

Notice of Availability and Notice of 

Hearing for the Buckskin Mine Hay 

Creek II Coal Lease by Application 

Draft Environmental Impact Statement, 

WY 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: In accordance with the 

National Environmental Policy Act of 

1969 (NEPA) and the Federal Land 

Policy and Management Act of 1976 

(FLPMA), the Bureau of Land 

Management (BLM) has prepared a Draft 

Environmental Impact Statement (EIS) 

for the Buckskin Mine Hay Creek II Coal 

Lease by Application (LBA) and by this 

Notice is announcing a public hearing 

requesting comments on the Draft EIS, 

the Maximum Economic Recovery 

(MER), and the Fair Market Value (FMV) 

of the Federal coal resources. 

DATES: To ensure comments will be 

considered, the BLM must receive 

written comments on the Hay Creek II 

Coal LBA Draft EIS, MER, and FMV 

within 60 days following the date that 

the Environmental Protection Agency 

publishes its Notice of Availability in 

the Federal Register. The public hearing 

will be held at 7 p.m. Mountain 

Standard Time, on April 22, 2010, at the 

Campbell County George Amos 

Memorial Building, 412 South Gillette 

Avenue, Gillette, Wyoming. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: 

Hay_Creek_II_WYMail@blm.gov. Please 

include ‘‘Hay Creek II Draft EIS—Teresa 

Johnson’’ in the subject line. 

• Fax: 307–261–7587, Attn: Teresa 

Johnson. 

• Mail: Wyoming High Plains District 

Office, Bureau of Land Management, 

Attn: Teresa Johnson, 2987 Prospector 

Drive, Casper, Wyoming 82604. 

• Written comments may also be 

hand-delivered to the BLM Wyoming 

High Plains District Office in Casper. 

Copies of the Draft EIS are available 

at the following BLM office locations: 

BLM Wyoming State Office, 5353 

Yellowstone Road, Cheyenne, Wyoming 

82009; and BLM Wyoming High Plains 

District Office in Casper, 2987 

Prospector Lane, Casper, Wyoming 

82604. The Draft EIS is available 

electronically at the following Web site: 

http://www.blm.gov/wy/st/en/info/ 

NEPA/cfodocs/HayCreekII.html. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Johnson or Mike Karbs, BLM 

Wyoming High Plains District Office, 

2987 Prospector Drive, Casper, 

Wyoming 82604. Ms. Johnson or Mr. 

Karbs may also be reached at (307) 261– 

7600 or by e-mail at 

casper_wymail@blm.gov. 

SUPPLEMENTARY INFORMATION: The Draft 

EIS analyzes the potential impacts of 

issuing a lease for the Hay Creek II 

Federal maintenance tract, serial 

number WYW172684. 

The BLM is considering issuing a coal 

lease as a result of a March 24, 2006, 

application made by Kiewit Mining 

Properties, Inc. to lease the Federal coal 

in the Hay Creek II Tract. The Hay Creek 

II LBA is located in Campbell County, 

Wyoming, northwest of the Buckskin 

Mine, approximately 12 miles north of 

Gillette, Wyoming. 

Kiewit Mining Properties, Inc. applied 

for the tract to extend the life of the 

existing Buckskin Mine in accordance 

with 43 CFR part 3425. On two 

occasions, May 19, 2008, and November 

28, 2008, Kiewit Mining Properties, Inc. 

modified the LBA. As a result of the 

second modification, the Hay Creek II 

Tract now contains 419.04 acres. The 

applicant estimates that the current tract 

includes approximately 54.1 million 

tons of recoverable coal underlying the 

following lands in Campbell County, 

Wyoming: 

T. 52 N., R. 72 W., 6th PM, Wyoming 

Section 19: Lots 5 (W 1⁄2), 6, 7, 10, 11, 12 

(W 1⁄2), 13(W 1⁄2), 14, 15, 18, 19, 20 (W 1⁄2). 

Containing 419.04 acres more or less. 

Consistent with Federal regulations 

under NEPA and the Mineral Leasing 

Act of 1920 (MLA), as amended, the 

BLM must prepare an environmental 

analysis prior to holding a competitive 

Federal coal lease sale. The Powder 

River Regional Coal Team 

recommended that the BLM process the 

Hay Creek II LBA after it reviewed the 

tract at a public meeting held on April 

19, 2006, in Casper, Wyoming. 

Lands in the Hay Creek II Tract 

contain all private surface estate which 

overlies the Federal coal. 

The Wyoming Department of 

Environmental Quality (WDEQ) and the 

Office of Surface Mining Reclamation 

and Enforcement (OSM) are cooperating 

agencies in the preparation of the Draft 

EIS. 

The Buckskin Mine is adjacent to the 

LBA and is operating under an 

approved mining and reclamation plan 

from the WDEQ Land Quality Division 

and an approved air quality permit from 

the WDEQ Air Quality Division that 


srobinson on DSKHWCL6B1PROD with NOTICES