United States 

Department of 

Agriculture 

Forest 

Service 

Southwestern 

Region 

MB-R3-02-4 

August 2008

Record of Decision for 

Surface Management of Gas 

Leasing and Development 

Jicarilla Ranger District, Carson National 

Forest, Rio Arriba County, New Mexico 
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Printed on recycled paper – August 2008
Record of Decision 

for 

Surface Management of Gas 

Leasing and Development 

Jicarilla Ranger District 

Carson National Forest 

Rio Arriba County, New Mexico 
Figure 1. Location of Jicarilla Ranger District in the San Juan Basin 
Record of Decision 

The United States Department of Agriculture (USDA), Forest Service has prepared this record of 

decision (ROD) and the associated “Final Environmental Impact Statement for Surface 

Management of Gas Leasing and Development, Jicarilla Ranger District, Carson National Forest” 

(FEIS) in compliance with the National Environmental Policy Act (NEPA, 40 CFR 1500-1508) 

and other relevant Federal and State laws and regulations. The interdisciplinary analysis is 

documented in the project record. The FEIS also meets the intent of section 390(b)(3) of the 

Energy Policy Act of 2005 (42 U.S.C. 15801) and Forest Service regulations at 36 CFR 

228.102((c)(4)) by analyzing drilling and associated actions as reasonably foreseeable activities 

within the San Juan Basin on the Jicarilla Ranger District. The analysis, resulting in this decision, 

considered the best available science, which is documented in the project record. 

This decision applies to the Jicarilla Ranger District (district), which encompasses more than 

153,000 acres and is a part of the Carson National Forest. The district is located in the northwest 

portion of New Mexico, within the San Juan Basin, about 50 miles east of Farmington (figure 1). 

Exploration for oil and gas began in the San Juan Basin during the 1940s and 1950s. 

Subsequently a highly successful natural gas industry developed. Today, natural gas production is 

the prevalent use of the Jicarilla Ranger District and is approximately 4 percent of what comes 

from the San Juan Basin in New Mexico. Except for the withdrawal of 640 acres, 1

 the entire 

Jicarilla Ranger District is legally available for leasing. Approximately 148,000 acres (97%) of 

the district are currently leased and most are held by production. 2

 

The 1986 “Carson National Forest Land and Resource Management Plan,” as amended (referred 

to as the forest plan), sets forth broad, programmatic management direction for the Carson 

National Forest. Where appropriate, this decision tiers to the forest plan FEIS and record of 

decision (1986 a & b). This decision is also consistent with applicable Carson forest plan 

management direction (goals, standards and guidelines), and also adds new management direction 

to the forest plan through a programmatic plan amendment (36 CFR 219.14 (b)(2)(2008)). 3

Decisions and Rationale for the Decisions 

I have selected alternative B described and analyzed in the FEIS, with a few modifications related 

to forest plan direction. This decision includes a leasing decision for specific lands (36 CFR 

228.102) currently unleased on the Jicarilla Ranger District and any leases that expire or are 

relinquished in the future, subject to appropriate stipulations and management directives. This 

decision also incorporates additional management direction for the Jicarilla Ranger District in the 

Carson forest plan through a non-significant amendment. 4

 Details of this decision and my 

rationale are described in the following sections. 

 

1

 This area, known as “Gas Buggy,” is where the experimental use of a nuclear explosion to fracture a gas well was 

conducted in 1968. The Atomic Energy Commission (now known as the Department of Energy) withdrew the area 

from leasing through Public Land Order 4232 just prior to detonation. 

2

 A lessee can hold a lease up to 10 years before developing it. “Held by production” means a leasehold has producing 

wells on it. Most of the leases on the Jicarilla Ranger District have producing wells already on them; therefore, they 

are “held by production” and are unlikely to be available in the future. 

3

 This decision amends the Carson forest plan under the provisions of the 1982 regulations (219.10(f)(1982)). The 

2008 planning rule (36 CFR 219(b)(2) states, “During the transition period, plan amendments may continue using the 

provisions of the planning regulation in effect before November 9, 2000...” 

4

 Documentation as to why this decision includes a non-significant amendment can be found in an appendix of the 

FEIS. 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 1 
Record of Decision 

Leasing Decision 

I am making a specific Forest Service decision to authorize the Bureau of Land Management 

(BLM) to lease approximately 5,0005

 acres of currently unleased National Forest System lands 

on the Jicarilla Ranger District (figures 2 and 3 of this ROD), with applicable stipulations. As 

leases expire or are relinquished, they shall be made available for further leasing, with applicable 

stipulations using the criteria described below. Any future leasing will be subject to a NEPA 

sufficiency review conducted at the time the areas become available and an expression of interest 

is received for which the Forest Service would provide consent to the BLM for leasing. If NEPA 

has not been adequately addressed, or if there is significant new information or circumstances as 

defined by 40 CFR 1502.9 requiring further environmental analysis, additional environmental 

analysis shall be completed before a leasing decision for specific lands is made. Although this 

ROD covers all leased and unleased Federal minerals on the Jicarilla Ranger District, it does not 

impose new or more restrictive stipulations on existing leases. 

My leasing decision incorporates the lease terms and stipulations determined necessary and 

justifiable to mitigate effects to surface resources. This decision and the lease terms and 

stipulations are based on analysis documented in the “FEIS for Surface Management of Gas 

Leasing and Development, Jicarilla Ranger District, Carson National Forest” and do not affect 

existing leases. No surface occupancy or controlled surface use stipulations are imposed where 

resource protection or mitigation needs are greater than that provided by standard lease 

stipulations. As mentioned earlier, my decision also makes future leasing decisions throughout 

the district. As leases expire or are relinquished, the areas will be authorized for future leasing 

using the stipulation criteria set forth in this ROD. All waivers, exceptions, and modifications of 

stipulations will require a 30-day public notice period per 43 CFR 3101.1-4 and 36 CFR 228.104, 

and will be subject to an appropriate level of environmental analysis. Any exceptions to 

stipulations will be considered on a case-by-case basis. 

Where the surface is administered by the Forest Service and the mineral estate is also federally 

owned, the Forest Service and BLM share the responsibility for enforcing mineral leasing policies 

and regulations. Forest Service regulations under 36 CFR 228.102(e) allow the Agency to 

authorize the BLM to lease individual, specified areas of land administratively available for lease 

and include the stipulations determined to be necessary. 

Stipulation Criteria for New Leases 

The Jicarilla Ranger District is open to development subject to the terms and conditions of the 

standard oil and gas lease form (including an explanation of the typical standards and objectives 

to be enforced under the standard lease terms), with the following exceptions: 

No Surface Occupancy (NSO) Stipulation 

Leasing with a no surface occupancy stipulation makes energy resources available for companies 

willing to employ unconventional drilling technology. Extraction of these energy resources 

without roads or well pads within the areas listed below allows the Forest Service to pursue the 

 

5

 Some of unleased parcels described and evaluated in the draft environmental impact statement (DEIS) were found to 

be incorrect. The FEIS includes changes made to the size and location of currently unleased parcels for the Jicarilla 

Ranger District. 

2 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
Record of Decision 

management objectives of protecting undeveloped characteristics, cultural resources, wildlife 

habitat, and seclusion. On the Jicarilla Ranger District, a no surface occupancy stipulation will be 

applied to new leases in: 

 Bancos, La Jara, and Fierro Canyons 

 Valencia Canyon beyond 300 feet from existing roads 

 Mexican spotted owl nesting habitat 6

Controlled Surface Use (CSU) Stipulation 

Controlled surface use will be applied to new leases in order to minimize the potential for 

excessive erosion and loss of soil productivity on the Jicarilla Ranger District. With the exception 

of areas where an NSO stipulation is applied, new leases on the rest of the district are open to 

development subject to the following constraints: 

 No well pad construction on slopes greater than 20 percent, with cuts over 15 feet in 

depth 

 No roads on side slopes greater than 40 percent 

Timing Restriction 

The Jicarilla Ranger District is known for its deer and elk herds that winter in the area. The 

following timing restriction applies to all new leases and will minimize disturbance to wildlife 

during the winter. 

 New drilling activity or completion (e.g., construction, drilling, completions, swabbing, 

pump changes, tubing changes, replacing production equipment, or any other 

maintenance activity that requires heavy equipment) is limited to April 1 through October 

31. This limitation does not apply to maintenance and operation of producing wells. 

Cultural Resource Lease Notice 

The district is also recognized for its high density of archeological resources. The special lease 

notice for cultural resources will ensure any archeological sites or traditional cultural properties 

found on a new lease will be protected to the extent possible. In compliance with the 

“Programmatic Agreement Among the United States Department of Agriculture, Forest Service, 

Carson National Forest and the New Mexico State Historic Preservation Officer Regarding the 

Environmental Impact Statement for Surface Management of Gas Leasing and Development on 

the Jicarilla Ranger District, New Mexico,” (07/24/2008) the following special cultural resource 

lease notice will be included in all future lease packages prior to sale: 

All development activities proposed under the authority of this lease are subject 

to compliance with Section 106 of the National Historic Preservation Act and 

Executive Order 13007. The lease area may contain historic properties, 

 

6

 Applying the NSO stipulation to Mexican spotted owl (MSO) habitat was added to the FEIS in response to the 

recommendation from the U.S. Fish and Wildlife Service (FWS) during informal section 7 consultation. As a result 

of formal consultation, the FWS concurred with the findings of the biological assessment, which included no surface 

occupancy in MSO nesting habitat on any of the unleased areas.

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 3 
Record of Decision 

traditional cultural properties (TCP), and/or sacred sites currently unknown to the 

Forest Service that were not identified in the Jicarilla EIS for Surface 

Management of Gas Leasing and Development on the Jicarilla Ranger District or 

during the lease parcel review process. Depending on the nature of the lease 

developments and activities being proposed, the Forest Service (FS) will not 

approve any activities as part of future lease operations that have the potential to 

affect TCPs and historic properties until it completes applicable requirements of 

the NHPA, including any required procedure for notification and consultation 

with appropriate Indian tribe(s) and/or the SHPO. Mitigation measures may be 

required to avoid, minimize or mitigate adverse effects to historic properties and 

TCPs, the costs of which will be borne by the lessee. The FS may require 

modifications to surface use operating plans or disapprove proposed exploration 

or development activities that are likely to adversely affect historic properties, 

TCPs or sacred sites for which no mitigation measures are possible. This could 

result in extended timeframes for processing authorizations for development 

activities, as well as changes in the ways in which developments are 

implemented. 

Rationale for the Leasing Decision 

I selected the leasing decision under alternative B because it best meets the purpose and need for 

expediting the leasing process to help meet the public’s need for natural gas, while managing for 

soil productivity and the distinctive characteristics of the Jicarilla Ranger District—especially 

Mexican spotted owl nesting habitat, cultural resources, wintering big game, and the undeveloped 

characteristics of Bancos, La Jara, Fierro, and Valencia Canyons. My decision also conforms to 

the requirements of: (1) the Energy Policy Act of 2005 (EPAct, 42 U.S.C. 15801) to facilitate 

orderly development and timely processing of gas lease applications without undue constraints; 

(2) Forest Service regulations at 36 CFR 228.102 regarding forest plan leasing analysis, 

decisions, and analysis of reasonably foreseeable gas leasing impacts; and (3) Forest Service 

regulations (36 CFR 228.108(a)) intended to minimize impacts to surface resources and uses. 

During scoping and the release of the draft environmental impact statement (DEIS), a number of 

people expressed concern over leasing the remaining unleased areas on the Jicarilla Ranger 

District. Commenters wanted to see these areas protected for wildlife, wild and scenic river 

eligibility, archeological resources, and recreational interests by not leasing them. Alternative C 

was developed to address this issue. Its impacts of not authorizing unleased areas for lease were 

compared to those of alternative B. Even though this decision allows gas development in these 

areas, it acknowledges the public’s concerns. Nearly 50 percent of the 4,992 unleased acres are 

subject to no surface occupancy stipulations. Another 18 percent of the unleased acres will 

include constraints on steep slopes. All new leases will include a seasonal timing restriction to 

minimize disturbance to wildlife during the winter and will include a special lease notice to 

protect cultural resources. My decision to add forest plan direction for the Jicarilla Ranger 

District (see below) will also provide more specific guidance in designated areas of resource 

concern, as well as the rest of the district. 

My decision incorporates the lease terms and stipulations determined necessary and justifiable to 

mitigate effects to surface resources, while making energy resources available for companies 

willing to employ unconventional drilling technology. My decision strengthens the Forest 

Service’s ability to protect or mitigate impacts to surface resources, through more restrictive 

4 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
Record of Decision 

stipulations not adequately addressed by standard leasing terms and conditions. In addition, the 

stipulation criteria will help the Forest Service make more informed decisions about leasing 

specific areas on the Jicarilla Ranger District. Prospective gas lessees will also benefit, as better 

information about site-specific conditions, including stipulations, will be available. The reasons 

for specific stipulations to be applied on the 4,992 unleased acres I am authorizing for lease are 

listed in table 1. The parcels to be leased, with stipulations, are displayed at the end of this ROD 

(figures 5 through 14). 

Table 1. Parcels to be leased, stipulations, and reasons for the stipulations 

Unleased 

Parcel ID 

No.1

Legal 

Description 

of Parcel 

Size 

(acres) 

NSO 

(acres) 

CSU 

(acres) 

Why Constraints are 

Necessary and Justifiable 

1 T. 28 N., 

R. 4 W., 

Sec. 24 

646 312 127 NSO and CSU applied in Valencia Canyon 

to protect undeveloped characteristics and 

potential impacts to cultural resources, 

wildlife security, and seclusion in this ARC. 

CSU applied outside ARC on slopes over 20 

percent to protect surface resources, 

especially soils from excessive erosion. 

2 T. 29 N., 

R. 5 W., 

Sec. 1 

542 456 0 NSO applied within designated critical 

Mexican spotted owl habitat to protect 

federally listed species. 

4 T. 30 N., 

R. 4 W., 

Sec. 35, 

NE1⁄4, SE1⁄4 

41 0 22 CSU applied on slopes over 20 percent to 

protect surface resources, especially soils 

from excessive erosion, wildlife habitat, and 

recreation values. 

5 T. 31 N., 

R. 4 W., 

Sec. 34 

610 610 0 Parcel is within an identified MSO protected 

activity center and designated critical habitat. 

NSO applied on entire parcel to protect 

federally listed species. 

6 T. 31 N., 

R. 5 W., 

Sec. 1, E1⁄2 

193 150 11 NSO applied in Bancos Canyon to primarily 

protect cultural resources, but also wildlife 

security and seclusion, soil and water 

resources. Also, complies with BLM 

standards for noise in San Juan Basin. 

8 T. 32 N., 

R. 4 W., 

Sec. 7, S1⁄2 

262 262 0 Parcel is within MSO nesting habitat. NSO 

applied on entire parcel to protect federally 

listed species. Most of parcel has slopes over 

40 percent. NSO also protects soil and water 

resources. 

9 T. 32 N., 

R. 4 W., 

Sec. 32, 

S1⁄2 

336 81 41 NSO applied on within MSO nesting habitat 

to protect federally listed species. CSU 

applied on slopes over 20 percent to protect 

surface resources, especially soils from 

excessive erosion. Also, complies with BLM 

standards for noise in San Juan Basin. 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 5 
Record of Decision 

Unleased Legal Size NSO CSU Why Constraints are Parcel ID Description 

No.1 of Parcel (acres) (acres) (acres) Necessary and Justifiable 

10 T. 32 N., 

R. 5 W., 

Sec. 21, 

E1⁄2, W1⁄2 

156 0 89 CSU applied on slopes over 20 percent to 

protect surface resources, especially soils 

from excessive erosion, but also wildlife 

habitat. 

11 T. 32 N., 

R. 5 W., 

Sec. 28, 

E1⁄2 

331 19 145 NSO applied in Bancos Canyon to primarily 

protect cultural resources, but also wildlife 

security and seclusion, soil and water 

resources in this ARC. CSU applied outside 

ARC on slopes over 20 percent to protect 

surface resources, especially soils from 

excessive erosion. 

12 T. 32 N., 

R. 5 W., 

Sec. 34, 

S1⁄2 & Sec. 

35, SW1⁄4 

487 487 0 Parcel is entirely within Bancos Canyon. 

NSO applied to primarily protect cultural 

resources, but also wildlife security and 

seclusion, soil and water resources. Also, 

complies with BLM standards for noise in 

San Juan Basin. 

13 T. 32 N., 

R. 5 W., 

Sec. 9, E1⁄2, 

E1⁄2 of W1⁄2 

429 0 142 CSU applied on slopes over 20 percent to 

protect surface resources, especially soils 

from excessive erosion, but also wildlife 

habitat. 

14 T. 31 N., 

R. 4 W., 

Sec. 35, 

N1⁄2 

318 70 109 Parcel partially within an identified MSO 

protected activity center and designated 

critical habitat. NSO applied in this area to 

protect federally listed species. CSU applied 

on slopes over 20 percent to protect surface 

resources, especially soils from excessive 

erosion, but also wildlife habitat. 

15 T. 30 N., 

R. 4 W., 

Sec. 11 

(NFS lands 

only) 

641 0 203 CSU applied on slopes over 20 percent to 

protect surface resources, especially soils 

from excessive erosion, but also wildlife 

habitat. 

Total 4,992 2,447 889 

ARC areas of resource concern 2 NSO no surface occupancy 

CSU controlled surface use PAC protected activity center 

LN special cultural resource lease notice (applies to all new leases) SLT standard lease terms 

MSO Mexican spotted owl TR timing restriction (applies 

to all new leases) 

 Some of unleased parcels described and evaluated in the DEIS were found to be incorrect. This FEIS includes 

changes made to the size and location of currently unleased parcels for the Jicarilla Ranger District. 

2

 Areas of resource concern are identified and discussed in the next section of this ROD, “Decision to Include 

Additional Forest Plan Guidance.” 

6 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
Record of Decision 

Decision and Rationale to Include Additional 

Guidance in the Carson Forest Plan 

I am selecting the management direction included in alternative B with the exception of open 

road densities in winter big game range, which I am selecting from alternative C, and the visual 

quality objective for Vaqueros Canyon, which I am selecting from alternative D. I have also made 

a modification to alternative B’s management direction for areas of resource concern. This 

decision adds management direction for the Jicarilla Ranger District to the Carson forest plan 

through a non-significant amendment. Incorporating additional management direction does not 

significantly alter the long-term relationship between levels of multiple-use goods and services 

originally projected in the forest plan. In addition, the amendment only applies to the Jicarilla 

Ranger District and does not affect the entire land management plan or affect land and resources 

throughout a large portion of the Carson National Forest. 

The decision to include more specific direction in the forest plan for the Jicarilla Ranger District 

meets the need for facilitating the orderly development of energy resources and recognizing the 

rights of current lessees, while appreciating the district’s distinctive environmental characteristics 

and minimizing impacts to surface resources and uses. Although the forest plan does a good job 

of balancing the majority of the various resource uses and desired conditions on the Jicarilla 

Ranger District, it does not recognize the unique management associated with gas development. 

My selections, as well as reasons for my selections, are identified in table 2. 

Alternative B proposed to increase the density of open roads in winter deer and elk range on the 

district. I have decided to not change the current forest plan guideline relative to open road 

densities for public use within winter big game range on the Jicarilla Ranger District. The effects 

of this option were analyzed under alternatives A and C. After reviewing the FEIS, I felt no need 

to change the forest plan guideline to achieve habitat effectiveness for wintering big game. The 

FEIS (“Wildlife” section) discloses there is little in the way of public use on National Forest 

System roads from December 15 to April 15. Most vehicular traffic is from ongoing gas-related 

activities, 7

 which cannot be reasonably reduced. Transporting water generated by drilling 

activities offsite requires constant visits to and from well pads. Many operators have converted to 

telemetry when monitoring the status of wells, but water hauling cannot be avoided. Where open 

road densities in winter big game range are more than 0.5 mile per square mile, the Jicarilla 

Ranger District has been managing over time to reduce the number of miles of road open to the 

public by installing gates. For example, since 2004, the district has been able to close over 1.5 

miles of road that had been open to public access. 

 

7

 Ongoing gas-related activities that require the use of National Forest System roads are not considered a public use 

and, therefore, not required to meet the forest plan guideline for open road density in winter big game range. 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 7 
Record of Decision 

Table 2. Management direction selected to be added to the Carson forest plan and reasons 

for selection 

Forest Plan Direction Added to Forest 

Plan Rationale for Decision 

General administration for gas development — 

Minimize surface disturbance on the Jicarilla 

Ranger District. Where feasible, encourage the 

use of unconventional drilling techniques, such as 

directional drilling, and well siting measures, such 

as co-location and twinning, to minimize impacts 

to surface resources. Encourage the use of 

existing well pads, roads, and pipeline corridors 

for new facilities. Same for new and existing 

leases. 

By encouraging unconventional drilling 

techniques, the number of new well pads, 

pipelines, and roads and their consequent surface 

disturbance will be reduced. This in turn will 

reduce overall traffic, which decreases impacts to 

soils and vegetation, air caused by fugitive dust, 

habitat fragmentation, and the spread of noxious 

weeds from vehicles traveling on lease roads. 

Utilize established best management practices 

found in the most current version of the “Oil and 

Gas Surface Operating Standards for Oil and Gas 

Development” (Gold Book). Same for new and 

existing leases. 

The “Gold Book” provides guidance for the 

operator about the basic requirements for safe and 

environmentally sound construction and 

maintenance of oil and gas related infrastructure. 

Construction and maintenance must be performed 

to standards that ensure the long-term health and 

productivity of the land. 

Bancos Canyon, La Jara Canyon, Valencia 

Canyon, Fierro Mesa and Canyon, and Vaqueros 

Canyon are identified as areas of resource 

concern. Within these areas, apply current forest 

plan direction for Management Areas 4, 7, 8, 12, 

and 13 and manage for protecting, maintaining, 

and enhancing the resource values for which they 

are identified. These resource values by area are: 

Area of Resource 

Concern Resource Values 

Bancos Canyon Cultural resources, 

watershed, wildlife 

habitat, and seclusion 

La Jara Canyon and 

Valencia Canyon 

Undeveloped 

characteristics, 

cultural resources, 

wildlife security, 

seclusion 

Fierro Canyon and 

Mesa 

Undeveloped 

characteristics 

Vaqueros Canyon Visual resources, 

wildlife habitat 

Prior to developing any new well sites, associated 

roads, and pipelines within an area of resource 

concern, consider alternative drilling technology 

and various site locations to minimize the impacts 

to surface resources. A 5-year development 

strategy will be encouraged prior to proposed 

My decision identifies Bancos Canyon, La Jara 

Canyon, Valencia Canyon, Fierro Mesa and 

Canyon, and Vaqueros Canyon as areas of 

resource concern and strengthens management 

area direction in the forest plan to protect, 

maintain, and enhance their resource values. 

Leaseholders will be encouraged to prepare a 5-

year development strategy prior to proposed 

development in these areas. Requiring a 5-year 

development strategy will not necessarily provide 

any additional protective measures to areas of 

resource concern. Current lease stipulations and 

conditions of approval, as well as the new forest 

plan direction in this decision, are reasonable 

prescriptive management measures that will 

protect sensitive environmental resources. 

Leaseholders have already been working to 

protect the resource values of these areas by 

cooperating with the district to minimize surface 

impacts on existing leases. My decision to 

encourage, rather than require, a 5-year 

development strategy will ensure leaseholders 

take a long view of development in areas of 

resource concern, while not prescribing how they 

should develop their leases. 

All new leases within areas of resource concern 

will include a no surface occupancy stipulation, 

which will protect the resource values for which 

they are identified. 

8 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
Record of Decision 

Forest Plan Direction Added to Forest Rationale for Decision Plan 

development in areas of resource concern. 

Applies to existing leases. 

Timing Restriction — New drilling activity and 

completions is limited to April 1 through October 

31. Normal recurring production and day-to-day 

operations will continue to occur year-round. 

Exceptions may be considered on a case-by-case 

basis. Applies as a condition of approval on 

existing leases, to be negotiated with the operator. 

This limitation does not apply to maintenance and 

operation of producing wells. 

This seasonal restriction will be incorporated in 

the surface use plan of operations as a condition 

of approval. Traffic for regular maintenance at 

existing well sites will still occur, but not 

allowing well drilling during the winter months 

will minimize disturbance to wildlife, especially 

deer and elk. 

Exclude well pad construction in riparian areas. 

Same for new and existing leases. 

If there are no other options other than to 

construct a well pad within a riparian area, 

additional NEPA analysis to approve a surface 

use plan of operations will be required and a sitespecific amendment to the forest plan would be 

required. 

Riparian areas are identified in the Carson forest 

plan as the “single most critical management area 

on Carson” and “important to many users.” 

Excluding well pad construction in the few 

riparian areas scattered on the Jicarilla Ranger 

District will protect riparian systems and facilitate 

attainment and maintenance of proper functioning 

condition. The Federal government can require 

relocation of proposed operations up to 656 feet 

(200 meters (43 CFR Subpart 3101-2)). 

The riparian areas identified on the Jicarilla 

Ranger District are small, narrow, and scattered 

along drainages. If a well site is proposed within a 

riparian area, it is anticipated that relocation of a 

well site can be achieved without compromising 

existing lease rights. If there are no options but to 

construct within a riparian area, additional NEPA 

analysis will be needed to amend the forest plan 

for a site-specific project. 

When possible, exclude well pad construction on 

slopes greater than 20 percent, with cuts over 15 

feet. Same for new and existing leases. 

Avoid new roads crossing slopes greater than 40 

percent. Require an engineering design approved 

by the Forest Service to support road construction 

on slopes greater than 40 percent. Same for new 

and existing leases. 

Limit maximum grades to 8 percent for new 

roads, unless pitches are less than 300 feet (up to 

10 percent permitted in some cases). Same for 

existing and new leases. 

Slope restrictions will preclude construction 

activities on slopes and soils that are highly 

erodible and difficult to rehabilitate. Reducing the 

removal of vegetation on slopes will maintain soil 

productivity and stability. Analysis of the effects 

of gas activities on the soil resource, including 

steep slopes, is documented in chapter 3 of the 

FEIS. 

Some exceptions to following these slope 

guidelines could be, when doing so, the well 

location would cause unacceptable adverse 

impacts to other resources, such as archeological 

sites or goshawk habitat. 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 9 
Record of Decision 

Forest Plan Direction Added to Forest Rationale for Decision Plan 

Locate pipelines to minimize surface disturbance, 

such as aligning along existing roads and 

corridors. Also minimize surface disturbance by 

putting pipes deep enough to allow other surface 

uses to occur on top of these lines. Same for new 

and existing leases. 

Encourage centralization collection points and 

water pipelines for produced water. Same for new 

and existing leases. 

By encouraging operators to locate pipelines 

along roads and centralize collection points, 

surface impacts can be minimized and efficiency 

may be improved. 

Close all new lease roads over 300 feet in length 

to public motorized access, except where other 

resource needs dictate that a road should be left 

open to the public. Same for new and existing 

leases. 

New roads accessing existing leaseholds are 

continuously being constructed on the Jicarilla 

Ranger District. These roads are not a part of the 

district’s road system that is open to the public. 

Requiring these access roads to be closed will 

keep open road densities on the district from 

increasing and help reduce disturbance to wildlife 

from public traffic. 

Permit loop roads to access leases in cases only 

where a transportation proposal developed by the 

operator and approved by the Forest Service 

demonstrates that there would be a benefit to 

surface resources. Same for new and existing 

leases. 

In cooperation with the NM Department of Game 

and Fish (NMDGF), the Carson National Forest, 

including the Jicarilla Ranger District, manages to 

minimize the number of loop roads open to the 

public. Fewer loop roads allow the NMDGF to 

better enforce its game management laws and 

reduce impacts to wildlife. 

There have been instances on the Jicarilla Ranger 

District where the construction of a loop road to 

access a lease clearly reduced natural resource 

impacts. These loop roads are required to be gated 

and are not open to the public; therefore, they 

should not affect the NMDGF’s law enforcement 

efforts. 

Complete restoration and reclamation of surface 

disturbance to achieve 70 percent of the ground 

cover (compared to nearby undisturbed areas) 

with permanent native vegetation within 3 

growing seasons. Bare ground necessary to 

conduct day-to-day operations must be kept to a 

minimum. Monitor the success of ground cover 

establishment until 70 percent of the ground cover 

is attained. Reclamation meeting the same 

standard is required for redisturbance of 

revegetated areas. Same for new and existing 

leases. 

Forest Service regulations (36 CFR 228.8 (g)) 

require all gas operations to be conducted so as to 

minimize adverse environmental impacts on 

national forest surface resources. This includes 

taking such measures as preventing or controlling 

onsite and offsite damage to the environment and 

forest surface resources by controlling erosion and 

landslides, water runoff, and reshaping and 

revegetation of disturbed areas, where reasonably 

practicable. 

Monitor and maintain reclaimed areas to 

minimize the establishment of invasive plants 

during the reclamation period. Same for new and 

existing leases. 

This requirement will minimize proliferation of 

invasive plants on the Jicarilla Ranger District and 

is consistent with Forest Service policy (FSM 

2080). 

10 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
Record of Decision 

Forest Plan Direction Added to Forest Rationale for Decision Plan 

Manage Vaqueros Canyon for a visual quality 

objective (VQO) or scenic integrity level of 

partial retention. This objective may be reduced 

by one level to meet other resource goals on a 

case-by-case basis. 

Employ design criteria for visual elements that 

adhere to the natural characteristics dominating 

the landscape to the extent possible. 

My selection for a VQO of partial retention in 

Vaqueros Canyon was analyzed under alternative 

D. 

Currently, the portion of Vaqueros Canyon within 

the Jicarilla Ranger District is entirely leased. 

Existing gas development occurs both in the 

foreground and background. The forest plan’s 

visual quality objective is retention and can be 

reduced by one level to meet resource goals. By 

changing the VQO in Vaqueros Canyon, visual 

resource management will be consistent with the 

Forest Service’s responsibility related to gas 

leasing laws and regulations. Efforts will be made 

to maintain natural characteristics of the 

landscape by using low-profile equipment, paint 

the color of the surroundings, and tree screens. 

All newly developed facilities will utilize the air 

quality mitigation as set forth by the New Mexico 

Air Quality Bureau. When existing facilities are 

updated, industry will also follow these mitigation 

measures. 

Same for new and existing leases. 

The Forest Service has no regulatory authority 

over air quality. However, agency actions and use 

authorizations must comply with all applicable 

local, State, tribal, and Federal air quality laws, 

statutes, regulations, standards, and 

implementation plans. 

The New Mexico Air Quality Bureau (NMAQB) 

is responsible for enforcing the State and National 

ambient air quality standards in New Mexico and 

any emission source must comply with these 

regulations. Appropriate mitigation applied at the 

site specific level, when gas facilities are 

constructed, can ensure compliance with NMAQB 

regulations to protect air quality, while fully 

meeting requirements of the Energy Policy Act 

and providing for the orderly development of 

important energy resources. This forest plan 

prescription allows for developments in 

mitigation control measures and technological 

advances set forth by the NMAQB, as well as the 

changes in ambient air conditions within the San 

Juan Basin. 

The Forest Service will also continue to be 

involved in the collaborative process of the Four 

Corners Air Quality Task Force in planning 

control strategies for future air quality impacts 

from development. 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 11 
Record of Decision 

Forest Plan Direction Added to Forest Rationale for Decision Plan 

Comply with BLM’s management of sound 

generated by oil and gas production and 

transportation in the San Juan Basin described in 

the “Notice to Lessees and Operators on Onshore 

Oil and Gas Leases Within the Jurisdiction of the 

Farmington Field Office” (appendix C). As 

changes occur over time, the Forest Service will 

continue to adopt the BLM standards as they 

develop. Current standards include, but are not 

limited to: 

 48.6 dB(A) Leq will be achieved at Buzzard 

Park and Cedar Springs Campgrounds, 

Gasbuggy, and Carracas Mesa 

Administrative Site. 

 48.6 dB(A)Leq will be achieved inside 

Middle Mesa Raptor Area, Ullbarri Raptor 

Area, and Munoz Canyon Raptor Area at 400 

feet in all directions from the noise source. 

 Stricter noise standards may be applied to 

Gasbuggy, Buzzard Park and Cedar Springs 

Campgrounds, if warranted. 

 Additional noise sensitive areas, such as 

primary winter big game range or new 

camping, picnic, or trail areas, may be 

identified and/or developed by the Forest 

Service. Any new policy would be 

implemented after a 30-day notice to the 

affected parties. 

Same for new and existing leases. 

The Forest Service has already adopted the 

BLM’s “Noise Policy” and currently applies it to 

new well sites. Adding this as forest plan 

guidance formalizes the policy in managing 

natural gas resources to reduce impacts from 

noise in key wildlife habitats and recreation sites, 

as well as, acknowledging noise as an issue raised 

by the public. The policy specifies a noise 

standard, but allows companies the flexibility of 

choosing which equipment or method(s) they will 

use to reach the standard. If conditions warrant, 

the Jicarilla Ranger District can add more noise 

sensitive areas. 

Decisions Not Being Made 

This ROD does not make decisions to permit the actual drilling or subsequent operations. Forest 

Service regulations state, “No permit to drill on a Federal oil and gas lease . . . may be granted 

without the analysis and approval of a surface use plan of operations covering proposed surface 

disturbing activities” (36 CFR 228.106). The following decisions are required by the regulations 

at 36 CFR 228, but are not being made in this ROD: 

 Approval of a Surface Use Plan of Operations (36 CFR 228.107(b)) 

 Approval of a Supplemental Surface Use Plan of Operations (36 CFR 228.107(e)) 

Compliance with the National Environmental Policy Act is required for both of these subsequent 

decisions. 

This decision does not change any of the rights granted in existing oil and gas leases nor does it 

affect the development of non-federally owned minerals. 

12 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
Record of Decision 

Public Involvement 

The USDA Forest Service initially published a notice of intent (NOI) in the Federal Register (67 

FR 52706-52709, August 13, 2002) for the proposed surface management of natural gas resource 

development on the Jicarilla Ranger District, Carson National Forest. As part of the public 

involvement process for the DEIS, the Agency mailed a description of the purpose and need, the 

proposed action, and a project timeline to over 500 agencies, organizations, and citizens. Public 

meetings, using an open house format, were held in Bloomfield and Farmington, New Mexico. A 

total of six people attended these public scoping meetings and the Forest Service received 17 

letters with comments on the proposed action. The DEIS for this proposal was released in 

October 2003. 

Based on public comments received on the DEIS, the Carson forest supervisor determined there 

was a need to clarify the purpose and need for action and modify the proposed action. He 

subsequently withdrew the DEIS and published a revised NOI in the Federal Register (69 FR 

59881-59883) on October 6, 2004. Public comments on the withdrawn DEIS were taken into 

account in development of the proposed action for the revised NOI. 

Another comment period occurred following the 2004 revised NOI. A summary of the new 

proposed action and purpose and need was mailed to over 500 individuals and a detailed 

description of the proposed action was posted on the Carson National Forest Web site 

(www.fs.fed.us/r3/carson). Twelve letters with comments were received during this comment 

period. Additionally, two meetings were held on November 23 and December 6, 2004, with 

groups that desired more information about the proposed action. A total of nine people attended 

these meetings. Using the comments provided from the public, other agencies, and industry 

representatives during scoping, the interdisciplinary team developed a list of issues related to the 

proposed action. Alternatives to the proposed action were developed to address significant issues. 

A notice of availability for the second DEIS was published in the Federal Register on February 

16, 2007 (72 FR 7653). A 60-day comment period followed. Thirty-one comment letters were 

received from various Federal and State agencies, tribes, special interest groups, leaseholders, 

industry representatives, and individuals. The letters were reviewed, comments were organized by 

topic, and responses to these comments can be found in appendix E. 

Amended notices related to correcting EIS release dates and changing the responsible official 

were published in the Federal Register on May 15, 2007 (72 FR 27282) and July 8, 2008 (73 FR 

38969-70). 

In addition, the proposal for surface management of gas leasing and development on the Jicarilla 

Ranger District has been listed on the forest’s “Schedule of Proposed Actions” since January 

2003. This document is updated and mailed or made available on the World Wide Web 

(http://www.fs.fed.us/r3/carson/plans/index.shtml) every 3 months to those who are interested in 

activities proposed on the Carson National Forest. 

Coordination with State Agencies 

New Mexico Environment Department 

In response to New Mexico’s Environment Department, Air Quality Bureau’s (NMAQB) 

comments on the effects to air quality (FEIS, chapter 3 and appendix E), the Forest Service 

worked closely with the bureau to ensure their concerns were well understood and addressed. 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 13 
Record of Decision 

Revisions were made to the emissions inventory included in the FEIS and the air quality 

modeling was revised to be consistent with BLM requirements. 

In addition, the FEIS referenced voluntary programs, such as the Environmental Protection 

Agency’s (EPA) Natural Gas Stars and San Juan Visibility Improvement State and Tribal 

Association (VISTAS), and included their mitigation strategies for efficient and environmentally 

responsible development of oil and gas resources. Industry is encouraged to participate in these 

programs which not only reduce emissions to the atmosphere, but prevent loss of precious 

resources. Forest Service staff has also been participating in the Four Corners Air Quality Task 

Force and supports implementation of mitigation options developed by the task force. 

New Mexico Department of Game and Fish 

In response to New Mexico Department of Game and Fish (NMDGF) comments to the DEIS on 

the effects to wildlife, in particular big game species (FEIS, chapter 3 and appendix E), the Forest 

Service met with the department to ensure their concerns were addressed. Revisions were made to 

include NMDGF big game population trend data into the FEIS. A new model for effects to mule 

deer from well pad development was also included. The NMDGF assessment of their population 

data and use of the new model provide a better understanding of the current impacts to big game 

on the district. 

State Historic Preservation Office 

Since it is not feasible to complete the identification and evaluation of heritage resources and 

effects consultation for all estimated natural gas undertakings identified in the EIS prior to 

signing the NEPA decision, the forest proposed to implement a phased identification and 

evaluation approach under a programmatic agreement with the State Historic Preservation Officer 

(SHPO) to comply with Section 106 of the National Historic Preservation Act of 1966, as 

amended (NHPA, 16 U.S.C. § 470 et seq.) and Forest Service regulations (36 CFR 800.4 (b) (2)). 

The “Programmatic Agreement Among the United States Department of Agriculture, Forest 

Service, Carson National Forest and the New Mexico State Historic Preservation Officer 

Regarding the Environmental Impact Statement for Surface Management of Gas Leasing and 

Development on the Jicarilla Ranger District, New Mexico,” was signed by SHPO on July 24, 

2008. It includes a stipulation that the Carson National Forest will ensure currently unleased lands 

identified in the Jicarilla FEIS that the BLM include a specific special cultural resource lease 

notice in future lease packages prior to sale. 

Tribal Consultation 

Native American tribes were notified of the proposed action and have also been updated through 

the Schedule of Proposed Actions. The first and second DEIS’s were sent in 2003 and 2006 to the 

same tribes that received the proposed action. The Carson National Forest met with the Southern 

Ute Tribe, Ute Mountain Ute Tribe, the Nagazi Chapter of the Navajo Nation, and the Navajo 

Nation Tribal Historic Preservation Office. The Carson National Forest also followed up with 

informal discussions with the Cultural Preservation Office of the Jicarilla Apache Indian Tribe. 

Verbal and/or written responses were received from the Jicarilla Apache, Navajo Nation, Nagezi 

Chapter, Pueblo of Tesuque, Southern Ute, and Hopi Tribe. 

14 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
Record of Decision 

The Navajo Nation identified and submitted comments regarding two traditional cultural 

properties located on currently leased land within the district. The Hopi Tribe recommended the 

forest consider not leasing the remaining unleased parcels to maintain and not disturb natural and 

cultural resources. The Jicarilla Apache expressed concerns about the effects to reservation gas 

production, if the unleased parcel located adjacent to the boundary between the district and 

reservation is leased. No specific concerns about traditional collection areas were identified 

through consultation. 

When the programmatic agreement (see previous section) was being developed between the 

Forest Service and SHPO, tribes were invited to participate. The forest sought participation with 

tribes that identified traditional cultural properties or traditional areas on the Jicarilla Ranger 

District for the DEIS and past consultations for other forest projects. In past consultations, the 

Jemez Pueblo, Santa Clara Pueblo, Ohkay Owingeh Pueblo, Jicarilla Apache Nation, Hopi Tribe, 

Navajo Nation, and Southern Ute Indian Tribe specified cultural ties and/or traditional use areas 

on the Jicarilla Ranger District. Several versions of the draft agreement were formally mailed and 

e-mailed to tribal government officials and tribal cultural preservation officers or directors. 

A meeting to present the draft agreement to interested or affected tribes was held in Albuquerque 

on December 19, 2007. The purpose of the meeting was to review, discuss, and receive any 

comments and recommendations the tribes would like to provide or have incorporated into the 

programmatic agreement to improve it and/or the NHPA process for gas development activities 

on NFS lands. At the meeting, tribal representatives from the Navajo Nation and Tesuque Pueblo 

requested to be taken out to the unleased parcels, in order to better orient themselves to the 

landscape. Overall, tribal officers did not have any specific recommendations or concerns about 

the agreement or the DEIS. Several tribes were unable to make the meeting and requested 

individual meetings with district or forest officials. 

The Ute Mountain Ute Tribe cultural preservation officer met with the district ranger, forest 

archeologist, and district archeological staff. The Carson forest supervisor and the forest 

archeologist met with Taos Pueblo officials to discuss the programmatic agreement and update 

them on the DEIS. The Taos Pueblo administration did not have any concerns about cultural 

resources on the Jicarilla Ranger District. A representative from the Navajo Nation Historic 

Preservation Department later met with the district ranger and district archeologist and viewed 

several areas on the district. The Tesuque Pueblo Tribal Preservation Officer and several tribal 

elders also visited the Jicarilla Ranger District. The forest archeologist also met with elders of the 

Hopi Tribe Cultural Resource Advisor Team (CRAT) and the Cultural Preservation Office. 

CRAT expressed concerns with the extensive drilling across the landscape, multiple-use conflicts 

with gas development and probabilities of surface cave-ins. Additional field visits will be 

conducted as requested prior to officially leasing the parcels and for individual proposed projects. 

The Hopi Tribe specifically requested the agreement include a provision that the forest designate 

a location that will not be disturbed into perpetuity for reburial of human remains and funerary 

objects that are disturbed by gas development. Tribal consultation is continually being conducted 

by the Carson National Forest. If culturally important locations or traditional cultural places are 

identified during consultation, identified locations may require avoidance by surface-disturbing 

activities or any structures that would result in adverse impacts. 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 15 
Record of Decision 

Significant Issues and How They Were Addressed 

Using the comments provided from the public, other agencies, and industry representatives during 

scoping, the interdisciplinary team developed a list of issues related to the proposed action. The 

Forest Service separated the issues into two groups: significant and non-significant issues. 

Significant issues were defined as those directly or indirectly caused by implementing the 

proposed action. Non-significant issues were identified as those: (1) outside the scope of the 

proposed action; (2) already decided by law, regulation, forest plan, or other higher level 

decisions; (3) irrelevant to the stated decision to be made; or (4) conjectural and not supported by 

scientific or factual evidence. The Council on Environmental Quality (CEQ) NEPA regulations 

explain this delineation in Sec. 1501.7, “...identify and eliminate from detailed study the issues 

which are not significant or which have been covered by prior environmental review (Sec. 

1506.3)...” The Forest Service identified significant issues and developed two alternatives to the 

proposed action (alternatives C and D) to address them. Significant issues and the alternative(s) 

that address them are: 

 Leasing the remaining non-leased portions of Jicarilla Ranger District may add 

environmental harm (especially to wildlife habitat and heritage resources) to an area 

already heavily impacted (no leasing in alternatives A and C). 

 Increasing the density of roads open to public use during the winter can reduce habitat 

effectiveness in winter big game range (no change in forest plan guideline in alternatives 

A and C). 

 Gating all new roads over 300 feet may cause undue hardship on the leaseholder (no 

requirement for leaseholders to gate roads in alternatives A and D). 

 Gas development, especially in riparian areas, may increase noise and affect neotropical 

birds (no compressors in riparian areas in alternative C). 

 Reclamation and revegetation prescriptions may not result in a net increase in the amount 

and quality of forage for wildlife species (more stringent reclamation measures in 

alternative C). 

 Not changing the forest plan visual quality objective or scenic integrity level of 

“retention” for the U.S. 64 corridor (Vaqueros Canyon) may affect access to gas 

resources on existing leases (partial retention with step down to modification on case-bycase basis in alternative D). 

 As the number of roads increase on the district from gas development, dust will increase 

and may contribute to the impacts on air (dust abatement measures in alternative C). 

 The proposed action may restrict access to gas resources by limiting and not permitting 

surface disturbance and road construction in Bancos, La Jara, Valencia, and Fierro 

Canyons and Fierro Mesa on new leases (no areas of resource concern or associated 

stipulation criteria in alternative D). 

 The proposed action may reduce wildlife security as it permits the possible construction 

of loop roads to access well sites (no loop roads in alternative C). 

16 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
Record of Decision 

Description and Comparison of Alternatives Considered 

Public comments received in response to the proposed action provided suggestions for alternative 

methods for achieving the purpose and need. Some of these alternatives may have been outside 

the scope of consideration for gas leasing and development, duplicative of the alternatives 

considered in detail, or determined to be components that would cause unnecessary 

environmental harm. Therefore, six alternatives were considered, but dismissed from detailed 

consideration for reasons summarized in chapter 2 of the FEIS. 

The Forest Service developed two other alternatives in response to significant issues raised by the 

public for a total of four alternatives considered in detail, including the no action and proposed 

action. 

Alternative A 

Alternative A was the “no action” alternative, required by NEPA. Under the no action alternative, 

no change in existing management of gas development would occur on the Jicarilla Ranger 

District. The considerations and assumptions common to all alternatives applied under alternative 

A. Since this alternative would not make a leasing decision on the Jicarilla Ranger District and 

would not provide additional forest plan direction for the district in managing gas development 

and other uses, alternative A did not meet the purpose and need; therefore, it was not selected. 

Alternative B 

Alternative B, the proposed action, is the selected alternative, with a few modifications. 

Alternative C 

Alternative C addressed not leasing the remaining unleased portions of the Jicarilla Ranger 

District. Alternative C kept the current forest plan forest-wide prescription for road density in 

winter big game range, which is less than alternative B. Alternative C included no new loop roads 

and additional dust abatement and reclamation measures. It also prohibited compressors in 

riparian areas. This alternative also recognized Bancos, La Jara, and Valencia Canyons, and 

Fierro Canyon and Mesa as areas of resource concern, but the 5-year development strategy 

required in these areas under alternative B also applied to the rest of the Jicarilla Ranger District 

in alternative C. This alternative did not propose to amend the Carson forest plan to include 

guidelines for road densities in winter big game range, specific to the Jicarilla Ranger District. 

By not authorizing new leases, alternative C did not meet the need for the orderly development of 

domestic mineral resources on the entire Jicarilla Ranger District to help meet the public’s need 

for natural gas. The stipulations applied in alternative B adequately address my concerns related 

to endangered species habitat, steep slopes, and protecting cultural resources on unleased areas of 

the district. I did not find any reason why the remaining unleased areas on the district could not 

be leased with applicable stipulations. 

Alternative C included more stringent restoration and reclamation requirements than what I 

selected in alternative B. The selected restoration and reclamation program is more realistic and 

achievable for the conditions on the Jicarilla Ranger District. The program is also consistent with 

what is being applied on BLM lands within the San Juan Basin. 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 17 
Record of Decision 

In considering the effects of changing the forest plan guideline for open road density in winter big 

game range on the Jicarilla Ranger District (FEIS, chapter 3, “Wildlife” section), I found there 

was little difference between alternatives B and C. I decided it was important for the district to 

continue to strive over time to reduce roads open to the public in winter big game range and also 

be consistent with the rest of the forest; therefore, I selected this element from alternative C, 

instead of alternative B. 

Alternative D 

Alternative D addressed not establishing any areas of resource concern; therefore, the NSO 

stipulations would not apply on new leases within these areas. This alternative did not require 

gating new lease roads and reduced the visual quality objective along Vaqueros Canyon to partial 

retention. This alternative provides less protection for the distinctive characteristics of the 

Jicarilla Ranger District—cultural resources, wintering big game, undeveloped characteristics of 

Bancos, La Jara, Fierro, and Valencia Canyons. 

I did, however, select this alternative’s visual quality objective of partial retention for Vaqueros 

Canyon. Currently, the portion of Vaqueros Canyon within the Jicarilla Ranger District is entirely 

leased. From the U.S. 64 highway corridor, existing gas development is seen both in the 

foreground and background. The visual quality objective (VQO) for Vaqueros Canyon in the 

forest plan is presently retention, which, in most cases, cannot be met without compromising 

existing lease rights. By changing the VQO in Vaqueros Canyon, visual resource management 

will be consistent with the Forest Service’s responsibility related to gas leasing laws and 

regulations. Efforts will be made to maintain natural characteristics of the landscape by using 

low-profile equipment, paint the color of the surroundings, and tree screens. 

Environmentally Preferable Alternative 

The CEQ regulations (40 CFR 1505.2(b)) require the ROD identify the alternative(s) that could 

be considered environmentally preferable. The environmentally preferable alternative is defined 

by CEQ as: (1) the alternative that causes the least damage to the biological and physical 

environment, and (2) the alternative that best protects, preserves, and enhances historic, cultural, 

and natural resources. 

Alternative C is the environmentally preferable alternative, as it would not lease any of the 

unleased areas on the Jicarilla Ranger District. For the reasons stated above under alternative C 

and in my rationale for the leasing decision, I believe allowing extraction of significant energy 

resources with stipulations to protect biological, physical, and cultural resources will achieve the 

management objectives for the unique characteristics of the Jicarilla Ranger District. 

Findings Required By Other Laws 

The analysis of the proposed surface management of gas leasing and development on the Jicarilla 

Ranger District must comply and conform to a number of statutory requirements, including 

requirements of the following acts. 

18 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
Record of Decision 

National Forest Management Act 

Every national forest unit is required to develop a land and resource management plan (forest 

plan) by the National Forest Management Act of 1976 (NFMA, 16 U.S.C. §§ 1600-1614 et seq.). 

The Carson forest plan was approved in 1986. Implementation is designed to provide for multiple 

use and sustained yield of goods and services from the National Forest System in a way that 

maximizes long-term net public benefits in an environmentally sound manner (36 CFR 219.1(a)). 

The Carson forest plan guides all natural resource management activities including gas leasing 

and establishes resource management standards. Determining an appropriate leasing program 

through this analysis will help implement the Carson forest plan. 

This decision is responsive to applicable current laws and regulations guiding the planning and 

management of National Forest System lands (FEIS, chapter 3). In accordance with NFMA 

implementing regulations at 36 CFR 219, the relationship of nonrenewable resources, such as oil 

and gas, to renewable resources was considered (FEIS, chapter 3). Jicarilla Ranger District’s 

various ecosystems were identified and their management was considered for the production of 

goods and services. 

The stipulations described in the decision are designed to meet the relevant specific management 

requirements for resource protection as required by the NFMA. 

 Conserve soil and water resources and not allow significant or permanent impairment of 

the productivity of the land. 

 Protect streams, streambanks, wetlands, and other bodies of water. 

 Provide for and maintain diversity of plant and animal communities to meet overall 

multiple-use objectives. 

 Provide for adequate fish and wildlife habitat to maintain viable populations of existing 

native vertebrate species consistent with multiple-use objectives. 

 Prevent the destruction or adverse modification of critical habitat for threatened and 

endangered species. 

 Maintain air quality at a level that is adequate for the protection and use of NFS resources 

and that meets or exceeds applicable Federal, State and/or local standards or regulations. 

 Give special attention to protection of riparian areas. 

Amending a Forest Plan 

In order to incorporate additional management prescriptions for the Jicarilla Ranger District in the 

forest plan, the plan must be amended. The National Forest Management Act (NFMA) requires 

forest land and resource management plans “...be amended in a manner whatsoever after final 

adoption and after public notice and if such plan amendment would result in a significant change 

in such plan, in accordance with subsections (e) and (f) of section 6 and public involvement 

comparable to that required by subsection (d) of this section” (16 U.S.C. 1604 (f)(4)). 

In April 2008, the Forest Service published new regulations implementing NFMA in the Federal 

Register (73 FR 21468-21512). These regulations (36 CFR 219) supercede those which were 

promulgated in 2000 and 2005. The regulations guide development, revision, and amendment of 

land management plans. At Section 219.14 (b)(2), the 2008 regulations state, 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 19 
Record of Decision 

Plan Amendments. With respect to plans approved or revised pursuant to the 

planning regulation in effect before November 9, 2000 (see 36 CFR parts 200 to 

299, Revised as of July 1, 2000), a 3-year transition period for plan amendments 

begins on April 21, 2008. During the transition period, plan amendments may 

continue using the provisions of the planning regulation in effect before 

November 9, 2000, or may conform to the requirements of this subpart. If the 

responsible official uses the provisions of the prior planning regulations, the 

responsible official may elect to use either the administrative appeal and review 

procedures at 36 CFR part 217 in effect prior to November 9, 2000 (See 36 CFR 

parts 200 to 299, Revised as of July 1, 2000), or the objection procedures of this 

subpart. Plan amendments initiated after the transition period must conform to 

the requirements of this subpart. 

I have elected to amend the “Carson National Forest Land and Resource Management Plan” 

(1986) to incorporate additional management direction for the Jicarilla Ranger District using the 

“planning regulations in effect before November 9, 2000,” which were promulgated in 1982. On 

amending a forest plan, the 1982 planning regulations state, 

The Forest Supervisor may amend the forest plan. Based on an analysis of the 

objectives, guidelines, and other contents of the forest plan, the Forest 

Supervisor shall determine whether a proposed amendment would result in a 

significant change in the plan. If the change resulting from the proposed 

amendment is determined to be significant, the Forest Supervisor shall follow the 

same procedure as that required for development and approval of a forest plan. 

If the change resulting from the amendment is determined not to be significant 

for the purposes of the planning process, the Forest Supervisor may implement 

the amendment following appropriate public notification and satisfactory 

completion of NEPA procedures (36 CFR 219.10(f)(1982)). 

Upon receiving advice from the interdisciplinary team that the plan requires change, I have 

determined the changes I am making to the Carson forest plan are not significant. Appropriate 

public notification of this determination has been met through the NEPA process for the surface 

management of gas leasing and development, Jicarilla Ranger District proposed amendment. 

The Carson Forest Plan 

In addition to the laws, regulations, and policies that must be followed in managing mineral 

development on the Jicarilla Ranger District, management direction is found within the resource 

prescriptions of the Carson forest plan (USDA 1986). The environmental impact statement for the 

Carson forest plan states, “Mineral commodities of the national forest are available for discovery 

and exploitation unless the land has been specifically withdrawn from the operation of the 

mineral laws” (USDA 1986, p. 112). 

The forest plan’s desired conditions and prescriptions for the management of surface impacts on 

National Forest System lands for mineral development are broad and general. For example, the 

management highlight in the “Minerals” section of the forest plan states, “Administer the mineral 

laws and regulations to minimize surface resource impacts while supporting sound energy and 

minerals exploration and development” (USDA 1986, p. Minerals 1). The only direction 

specifically related to gas development under “Standards and Guidelines” prescribes: 

20 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
Record of Decision 

SURFACE OCCUPANCY RESTRICTIONS... For proposed oil and gas leases, 

include additional stipulations for the protection of surface resources in the 

following categories: slopes over 40 percent, riparian areas, critical wildlife 

habitats, and developed and proposed recreation sites. (USDA 1986, pp. 

Minerals 1-2) 

While the forest plan does balances the majority of the various resource uses and desired 

conditions on the Jicarilla Ranger District, it does not recognize the distinctive management and 

considerable increase in operations associated with current gas development on the district. 

Additional forest plan standards and guidelines are needed to guide future gas development and 

other activities on the district, while meeting the intent of the mineral leasing laws and the Forest 

Service’s regulations of minimizing effects on surface resources, preventing unnecessary or 

unreasonable surface resource disturbance (36 CFR 228.108). 

Changes to the Carson Forest Plan are Not Significant 

The amendment for the Jicarilla Ranger District (district) incorporates into the forest plan 

additional management direction for the district to apply, in order to minimize impacts to surface 

resources. The amendment: 

 incorporates additional management area direction for management areas 4, 7, 8, 12, and 

13 only on the Jicarilla Ranger District. The amendment also adds forest plan direction 

for air, minerals, visual quality, watershed, and wildlife and fish, specifically for Jicarilla 

Ranger District. 

 is consistent with much of the management direction already in the forest plan and would 

only add appropriate management prescriptions specific to Jicarilla Ranger District. 

 does not make any changes to standards and guidelines for the rest of the Carson National 

Forest. New management direction will not change current outputs or be inconsistent 

with goals and objectives of the forest plan. 

 does not significantly alter the multiple-use goals and objectives for long-term land and 

resource management on the Carson National Forest. 

 does not have an important effect on the entire land management plan or affect land and 

resources throughout a large portion of the planning area during the planning period. The 

Carson National Forest covers approximately 1.5 million acres, of which the Jicarilla 

Ranger District consists of 159,000 acres or 11 percent of the forest. 

 does not increase any one type of output that would trigger an increase or decrease in 

another. The amendment does not include a demand for goods and services not discussed 

in the forest plan. The amendment will not forego opportunity to achieve a forest output 

in later years. 

Conclusion 

Based on a consideration of criteria discussed above, I conclude the amendment for surface 

management of gas leasing and development on the Jicarilla Ranger District is not significant in a 

NFMA context (16 U.S.C. 1604 (f)(4)). The amendment is fully consistent with current forest 

plan goals and objectives. The amendment merely provides management direction for Jicarilla 

Ranger District. 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 21 
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The Forest Service will continue to evaluate the resource issues of Jicarilla Ranger District. The 

forest plan revision process will provide an excellent opportunity to review the contents of this 

amendment. 

Since the change resulting from this amendment is determined not to be significant for the 

purposes of the planning process, I elect to implement the amendment following appropriate 

public notification and satisfactory completion of NEPA procedures (36 CFR 219.14 (b)(2)). 

This decision, including the non-significant amendment, is consistent with the goals and 

objectives of the forest plan, and is consistent with the management direction, and standards and 

guidelines for management areas within the Jicarilla Ranger District. 

National Environmental Policy Act 

This decision is in accordance with the National Environmental Policy Act of 1969 (NEPA, 42 

U.S.C. §§ 4321-4347). The NEPA provisions have been followed as required under 40 CFR 

1500. The Jicarilla FEIS and this ROD comply with the intent and requirements of NEPA. The 

FEIS analyzes a range of reasonable alternatives, including a “no action” alternative. It also 

discloses the expected impacts of each alternative, and discusses the identified issues and 

concerns. This document describes the decisions I have made and the rationale for making the 

decisions. 

Endangered Species Act 

This decision is consistent with the Endangered Species Act of 1973 (ESA, 16 U.S.C. § 1531 et 

seq.). Consultation with the U.S. Fish and Wildlife Service (FWS) was conducted and the agency 

concurred with a “may effect, not likely to adversely affect” for the Mexican spotted owl and its 

critical habitat. The USFWS letter of concurrence dated June 6, 2008, and assigned consultation 

number 22420-2008-I-0095 was sent to the forest. 

The forest wildlife biologist and district wildlife biologist worked with the FWS biologist 

assigned to the Energy Policy Act Pilot Team out of Farmington to help determine potential 

effects to the Mexican spotted owl and its critical habitat from the activities covered in the FEIS. 

The FWS pilot team biologist reviewed and provided comments to the draft biological 

assessment, to make sure that all potential effects to the owl and its habitat and critical habitat 

were covered in the document. The biological assessment provides a site-specific analysis of the 

leasing of the unleased parcels and a programmatic analysis for the additions to the Carson forest 

plan. 

The NSO stipulation for Mexican spotted owl nesting habitat and within critical habitat on the 

new leases was added to help keep the effects to the owl nesting habitat and its critical habitat 

from becoming adversely affected. This meets the Forest Service’s obligation of reducing adverse 

impacts to a listed species. The Forest Service Manual (FSM 2670.31) states, “Avoid all adverse 

impacts on threatened and endangered species and their habitats, except when it is possible to 

compensate adverse effects totally through alternatives identified in a biological opinion.” 

National Historic Preservation Act 

As described under “Coordination with State Agencies,” the Forest Service and State Historic 

Preservation Officer (SHPO) signed a programmatic agreement to implement a phased 

22 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
Record of Decision 

identification and evaluation approach to comply with Section 106 of the National Historic 

Preservation Act of 1966, as amended (NHPA, 16 U.S.C. § 470 et seq.) and Forest Service 

regulations (36 CFR 800.4 (b) (2)). There is potential for encountering previously unrecorded 

properties or for affecting properties in an unanticipated manner during the course of natural gas 

leasing and development activity implementation. Previously unrecorded properties that are 

encountered during the course of an activity shall be protected in the same manner as other 

eligible or undetermined properties. If the Forest Service determines that an eligible or 

undetermined property has been damaged, the forest shall use all lawful authority to halt all 

activities that could result in further damage to the property and shall notify SHPO and Indian 

tribes that might attach traditional cultural and religious importance to the property concerning 

proposed actions to resolve adverse effects. 

National Energy Policy Act 

This decision is in compliance with the Energy Policy Act (EPAct, 42 U.S.C. § 15801). It will 

contribute to reducing this Nation’s dependence on foreign sources of energy by authorizing the 

domestic production of natural gas on nearly 5,000 acres of federally owned lands in a balanced, 

comprehensive, and environmentally sensitive way. 

In addition, section 362 of EPAct requires timely action by the Department of Interior and 

Department of Agriculture on oil and gas leases and applications for permits to drill on land 

available for leasing. To ensure expeditious compliance with NEPA, EPAct (sec. 390) provides 

five activities that are exempt from the requirements to prepare an environmental impact 

statement or environmental assessment under NEPA (40 CFR 1508.4). Since the ratification of 

EPAct in 2005, many of the well permits and ancillary activities on the Jicarilla Ranger District 

have been approved by using several of the categorically excluded activities under section 390. 

To further expedite gas development in accordance with EPAct, this decision conforms to section 

390 (b)(3) by analyzing drilling as a reasonably foreseeable activity within a developed field. 

Based on the analysis of this decision, the district will be able to apply category 3 of section 390 

to ensure timely action on applications for permits to drill and compliance with NEPA and 

EPAct: 

(3) Drilling an oil or gas well within a developed field for which an approved 

land use plan or any environmental document prepared pursuant to NEPA 

analyzed drilling as a reasonably foreseeable activity, so long as such plan or 

document was approved within five (5) years prior to the date of spudding the 

well. 

The cumulative effects analysis resulting from the FEIS will further expedite gas development in 

accordance with EPAct, by providing an analysis of drilling as reasonably foreseeable activity in 

a developed field. The district will be able to apply category 3 of section 390 of the act to ensure 

timely action on applications for permits to drill on existing lease in compliance with NEPA and 

EPAct. 

Wild and Scenic Rivers Act 

The National Wild and Scenic Rivers Act (16 U.S.C. §§ 1271-1287) was established by Congress 

in 1968 to preserve free-flowing rivers that possess certain “outstandingly remarkable” values. 

Pursuant to Section 5(d)(1) of the act, the Secretary of Agriculture requires the Forest Service to 

evaluate rivers within its jurisdiction for their potential for inclusion in the National Wild and 

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Scenic Rivers System. In 2002, the Carson National Forest evaluated rivers on the Jicarilla 

Ranger District pursuant to the act (USDA 2002a). Although the district does not contain any 

perennial surface water features, intermittent channels within Bancos, Vaqueros, La Jara, 

Valencia, and Fierro Canyons were inventoried as eligible for designation in the National Wild 

and Scenic River System. 

A number of comments on the DEIS questioned why none of the alternatives protected the 

outstandingly remarkable values of these areas. Of the eligible rivers on the district, my decision 

identifies Bancos, Vaqueros, and La Jara Canyons as areas of resource concern, where any 

parcels that are currently unleased or will expire or be relinquished in the future can be leased 

with a no surface occupancy stipulation. An NSO stipulation in Bancos and La Jara Canyons will 

protect the outstandingly remarkable values for which they were identified. 

The Forest Service cannot deny access to valid existing leases, as it would violate a government 

contract. Under the Wild and Scenic Rivers Act, existing rights cannot be abrogated in order to 

implement protections or maintain eligibility. Valencia and Fierro Canyons were not identified as 

areas of resource concern and given the same protections on future leasing as Bancos and La Jara, 

because they are both entirely leased and held in production. This makes them unlikely to be 

leased again. Vaqueros Canyon is an eligible river with several outstandingly remarkable values, 

including its scenic value. My decision reduces the visual quality objective for Vaqueros Canyon 

from retention to partial retention; however, Vaqueros Canyon is entirely leased and held by 

production. It is unlikely to be leased again in the future and this is why I did not maintain the 

higher VQO, as it would be a forest plan standard that could not be attained during the gas 

development phase. Within legal parameters, my leasing decision protects the outstandingly 

remarkable values of the eligible rivers inventoried on the Jicarilla Ranger District in accordance 

with the Wild and Scenic Rivers Act. 

Administrative Review and Appeal Opportunities 

This decision is subject to administrative review (appeal) in accordance with 36 CFR 215. A 

written notice of appeal—clearly stating it is a notice of appeal being filed pursuant to 36 CFR 

215.14—must be filed within 45 days from the day after the date of publication of legal notice of 

this decision in The Taos News. The publication date in The Taos News, newspaper of record, is 

the exclusive means for calculating the time to file an appeal. Those wishing to appeal this 

decision should not rely upon dates or timeframe information provided by any other source. 

Individuals or organizations who submitted comments during the DEIS comment period specified 

at 215.6 may appeal this decision. Interest expressed or comments provided on this project prior 

to or after the close of the comment period do not have standing for appeal purposes. The notice 

of appeal must meet the appeal content requirements at 36 CFR 215.14. Names and addresses of 

appellants will become part of the public record. 

The notice of appeal must meet the appeal content requirements at 36 CFR 215.14. An appeal 

must be filed (regular mail, fax, e-mail, hand delivery, or express delivery) with the appeal 

deciding officer. Written appeals must be submitted to: 

24 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
Record of Decision 

Deputy Regional Forester, Southwestern Region 

Appeal Deciding Officer 

333 Broadway Blvd., SE 

Albuquerque, NM 87102 

FAX: (505) 842-3173 

E-mail: appeals-southwestern@fs.fed.us 

The office business hours for those submitting hand delivered appeals are: 8 a.m. to 4:30 p.m., 

Monday through Friday, excluding holidays. Electronic comments must be submitted in a format 

such as an e-mail message, plain text (.txt), rich text format (.rtf), Adobe (.pdf) and Word (.doc) 

to appeals-southwestern@fs.fed.us. The appeal must have an identifiable name attached or 

verification of identity will be required. A scanned signature may serve as verification on 

electronic appeals. 

Implementation Date 

If no appeals are filed within the 45-day time period, implementation of the decision may occur 

on, but not before, 5 business days from the close of the appeal filing period. When appeals are 

filed, implementation may occur on, but not before, the 15th business day following the date of 

the last appeal disposition. 

Contact Person 

For additional information concerning this decision or the Forest Service appeal process, contact: 

Audrey Kuykendall 

Forest Environmental Coordinator 

Carson National Forest 

208 Cruz Alta Road 

Taos, NM 87571 

(575) 758-6200 

This record of decision and the associated FEIS are available for inspection during regular 

business hours at the Forest Supervisor’s Office at the address stated above. Electronic copies are 

available on the Carson National Forest’s Web site at: http://www.fs.fed.us/r3/carson/. Go to 

“Projects & Plans.” 

Signature and Date 

/s/ERIN CONNELLY____________ July 25, 2008 

ERIN CONNELLY Date 

Acting Forest Supervisor 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 25 
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Figure 2. Unleased parcels in the northern part of the Jicarilla Ranger District 

26 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
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Figure 3. Unleased parcels in the southern part of the Jicarilla Ranger District 

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Figure 4. Designated areas of resource concern on the Jicarilla Ranger District and 

unleased parcels authorized for lease 

28 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
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Figure 5. Parcel #1 authorized to lease with applicable stipulations 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 29 
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Figure 6. Parcel #2 authorized to lease with applicable stipulations 

30 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
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Figure 7. Parcel #4 authorized to lease with applicable stipulations 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 31 
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Figure 8. Parcels #5 and #14 authorized to lease with applicable stipulations

32 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
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Figure 9. Parcels #6 and #12 authorized to lease with applicable stipulations (Township 

indicated on map beside unleased parcel #6 should be T. 31N, instead of T. 32N)

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 33 
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Figure 10. Parcel #8 authorized to lease with applicable stipulations 

34 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
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Figure 11. Parcel #9 authorized to lease with applicable stipulations 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 35 
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Figure 12. Parcels #10 and # 11 authorized to lease with applicable stipulations 

36 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 
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Figure 13. Parcel #13 authorized to lease with applicable stipulations 

Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 37 
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38 Surface Management of Gas Leasing and Development, Jicarilla RD, Carson NF 

Figure 14. Parcel #15 authorized to lease with applicable stipulations