46458 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 

Agriculture. Do you agree with this 

approach? Also, please specify whether 

you think that such amendments to 36 

CFR part 228, subpart A, should treat 

locatable mineral operations conducted 

on segregated and withdrawn lands 

identically or differently, and the 

reasons for your belief. 

e. If you do not agree that 36 CFR part 

228, subpart A, should be amended to 

increase consistency with the BLM’s 

regulations governing operations on 

segregated and withdrawn lands, please 

describe the requirements and 

procedures that you think the Forest 

Service should adopt to govern locatable 

mineral operations on National Forest 

System lands segregated or withdrawn 

from appropriation under the mining 

laws? 

(8) Procedures for Minerals or 

Materials that May Be Salable Mineral 

Materials, Not Locatable Minerals. 

a. Effective July 24, 1955 in 

accordance with 30 U.S.C. 601, 611, 

mineral materials, including but not 

limited to common varieties of sand, 

stone, gravel, pumice, pumicite, cinders, 

and clay found on National Forest 

System lands reserved from the public 

domain ceased being locatable under 

the mining laws. Instead, the Forest 

Service normally is required to sell 

these substances, which are collectively 

referred to as mineral materials, to the 

highest qualified bidder after formal 

advertising pursuant to 30 U.S.C. 602 

and Forest Service regulations at 36 CFR 

part 228, subpart C (49 FR 29784, July 

24, 1984, as amended at 55 FR 51706, 

Dec. 17, 1990). However, uncommon 

varieties of sand, stone, gravel, pumice, 

pumicite, cinders, and clay found on 

National Forest System lands reserved 

from the public domain continue to be 

locatable under the mining laws, 30 

U.S.C. 611. 

b. When there is a question as to 

whether one of these minerals or 

materials is a common variety of that 

substance which is salable under the 

Materials Act of 1947, 30 U.S.C. 601–04, 

or an uncommon variety of that 

substance which is subject to 

appropriation under the mining laws, 30 

U.S.C. 611, Forest Service policy calls 

for preparation of a mineral examination 

report to evaluate this issue. Pending 

resolution of the question as to whether 

the mineral or material is subject to 

appropriation under the mining laws, 

the Forest Service encourages an 

operator seeking to remove it in 

accordance with 36 CFR part 228, 

subpart A, to establish an escrow 

account and deposit the appraised value 

of the substance in that account. But if 

the operator refuses to establish and 

make payments to an escrow account, 

36 CFR part 228, subpart A, does not 

expressly permit the Forest Service to 

delay the substance’s removal while the 

Forest Service considers whether the 

substance is a mineral material rather 

than a locatable mineral. 

c. The BLM’s regulations at 43 CFR 

3809.101 establish special procedures 

applicable to substances that may be 

salable mineral materials rather than 

locatable minerals. That section 

generally prohibits anyone from 

initiating operations for the substance 

until the BLM has prepared a mineral 

examination report evaluating this 

question. Prior to completion of the 

report and any resulting contest 

proceedings, the BLM will allow noticelevel operations or approve a plan of 

operations when (1) the operations’ 

purpose is either sampling to confirm or 

corroborate existing mineral exposures 

physically disclosed on the mining 

claim or complying with assessment 

work requirements, or (2) the operator 

establishes an acceptable escrow 

account and deposits the appraised 

value of the substance in that account 

under a payment schedule approved by 

the agency. If the mineral examination 

report concludes that the substance is 

salable rather than locatable, the BLM 

will initiate contest proceedings with 

respect to all mining claims on which 

loctable mineral operations are 

proposed unless the mining claimant 

elects to relinquish those mining claims. 

Upon the relinquishment of all such 

mining claims or the U.S. Department of 

the Interior’s issuance of a final decision 

declaring those mining claims to be null 

and void, the operator must complete 

required reclamation but must cease all 

other operations on the lands formerly 

subject to those mining claims. 

d. The Forest Service is contemplating 

amending 36 CFR part 228, subpart A, 

to increase consistency with the BLM’s 

regulations governing substances that 

may be salable mineral materials rather 

than locatable minerals. However, since 

the authority to determine the validity 

of mining claims lies with the 

Department of the Interior, the 

amendments would need to direct the 

Forest Service to ask the BLM to initiate 

contest proceedings with respect to 

mining claims which the Forest Service 

thinks are based upon an improper 

attempt to appropriate salable mineral 

materials under the mining laws—a 

process consistent with an existing 

agreement between the Department of 

the Interior and the Department of 

Agriculture. Do you agree with this 

approach? 

e. If you do not agree that 36 CFR part 

228, subpart A, should be amended to 

increase consistency with the BLM’s 

regulations governing substances that 

may be salable mineral materials rather 

than locatable minerals, please describe 

the requirements and procedures that 

you think the Forest Service should 

adopt to help ensure that the public 

interest and the Federal treasury are 

protected by preventing mineral 

materials from being given away for free 

contrary to 30 U.S.C. 602 which requires 

payment of their fair market value. 

f. If you submitted a proposed plan of 

operations under 36 CFR part 228, 

subpart A, for what you thought was an 

uncommon variety of sand, stone, 

gravel, pumice, pumicite, cinders, and 

clay, what issues or challenges did you 

encounter in obtaining, or attempting to 

obtain, Forest Service approval of that 

plan? 

National Environmental Policy Act 

This advance notice also serves as the 

USDA Forest Service’s notice of intent 

to prepare an environmental assessment 

or environmental impact statement 

pursuant to the National Environmental 

Policy Act and initiates the scoping 

process for that document. The USDA 

Forest Service requests comments about 

the potential environmental effects of 

the propsective amendments to its 

current regulations at 36 CFR part 228, 

subpart A, described in this advance 

notice. 

Regulatory Findings: This advance 

notice is not a regulatory action under 

Executive Order 13771. 

Dated: August 31, 2018. 

Victoria Christiansen, 

Interim Chief, USDA, Forest Service. 

[FR Doc. 2018–19961 Filed 9–12–18; 8:45 am] 

BILLING CODE 3411–15–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 228 

RIN 0596–AD33 

Oil and Gas Resources 

AGENCY: Forest Service, USDA. 

ACTION: Advance notice of proposed 

rulemaking; request for comment. 

SUMMARY: The United States Department 

of Agriculture (USDA), Forest Service is 

preparing to revise the contents of its 

Oil and Gas Resources regulations. This 

advance notice is intended to give the 

public the opportunity to comment on 

key issues regarding implementation of 

the existing regulations or to bring other 

issues of concern to the USDA Forest 

Service’s attention. Comments will help 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 46459 

1Onshore Order No. 1 was originally issued in 

1983 to implement and supplement Bureau of Land 

Management’s oil and gas regulations, 43 CFR 3160. 

It established the application requirements for the 

approval of proposed oil and gas and service wells, 

certain subsequent well operations and 

abandonment for operations on Federal oil and gas 

leases. One of the purposes of the Order as 

amended May 7, 2007, is to reflect the assignment 

of authority to the Secretary of Agriculture to 

approve and regulate the surface disturbing activity 

associated with oil and gas wells on National Forest 

System lands (1987 Federal Oil and Gas Leasing 

Reform Act). 

the USDA Forest Service determine the 

next steps in addressing the oil and gas 

regulations. The Office of Management 

and Budget has determined that this 

advance notice is significant under E.O. 

12866. 

DATES: Comments must be received by 

October 15, 2018. 

ADDRESSES: Please submit comments via 

one of the following methods: 

1. Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov/. In the Search 

box, enter FS–2018–0053 which is the 

docket number for this Advance Notice 

of Proposed Rulemaking. Then, in the 

Search panel on the left side of the 

screen, under the Document Type 

heading, click on the Notice link to 

locate this document. You may submit 

a comment by clicking on ‘‘Comment 

Now!’’ 

2. Mail: Written comments should be 

addressed to USDA-Forest Service. Attn: 

Director-MGM Staff, 1617 Cole 

Boulevard, Building 17, Lakewood, CO 

80401. 

We request that you send comments 

only by the methods described above. 

We will post all comments on http://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us. 

FOR FURTHER INFORMATION CONTACT: 

Sherri Thompson at 303–275–5147 or 

by mail at 1617 Cole Boulevard, 

Building 17, Lakewood, CO 80401. 

Individuals who use telecommunication 

devices for the deaf (TDD) may call the 

Federal Information Relay Service 

(FIRS) at 1–800–877–8339 between 10 

a.m. and 7 p.m., Eastern Standard Time, 

Monday through Thursday. 

SUPPLEMENTARY INFORMATION: 

Background: 

The USDA Forest Service manages 

and protects 154 national forests, 20 

grasslands and 1 prairie in 43 states and 

Puerto Rico. The agency’s mission is to 

sustain the health, diversity, and 

productivity of the Nation’s forests and 

grasslands to meet the needs of present 

and future generations. At the same 

time, Congress has long recognized the 

importance of the mineral resources 

located within the National Forest 

System and has repeatedly made special 

provision for the administration and 

development of these minerals. 

Congress passed the Mining and 

Mineral Policy Act of 1970 setting a 

national policy to foster private 

development of domestic mineral 

resouces to help assure the satisfaction 

of industrial, security, and 

environmental needs. It is in the 

national interest to promote clean and 

safe development of our Nation’s vast 

energy resources, while at the same time 

avoiding regulatory burdens that 

unnecessarily encumber energy 

production, constrain economic growth, 

and prevent job creation. 

Approximately 44 national forests or 

grasslands have ongoing federal oil and 

gas interest or operations. Pursuant to 

the Mineral Leasing Act, as amended by 

the Federal Onshore Oil and Gas 

Leasing Reform Act of 1987 (‘‘Reform 

Act’’), the Department of the Interior 

(through the Bureau of Land 

Management and regulations at 43 CFR 

part 3100) and the Department of 

Agriculture (through the USDA Forest 

Service and regulations at 36 CFR part 

228, subpart E) exercise complementary 

regulatory authority over the 

development of federal oil and gas 

resources associated with National 

Forest System lands. While the 

Secretary of the Interior determines 

whether any oil and gas lease shall be 

issued and regulates all downhole 

operations through a post-leasing 

Application for Permit to Drill (APD), 

the Reform Act directs that on National 

Forest System lands reserved from the 

public domain: (1) No lease may be 

issued over the objection of the 

Secretary of Agriculture, and (2) no APD 

may be granted without the analysis and 

approval by the Secretary of Agriculture 

of a Surface Use Plan of Operations 

(SUPO) covering proposed surfacedisturbing activities within the lease 

area. USDA Forest Service’s issuance of 

a consent to lease is similarly required 

for acquired National Forest System 

lands pursuant to the Mineral Leasing 

Act for Acquired Lands of 1947. The 

regulations at 36 CFR 228, Subpart E 

establish uniform procedures addressing 

oil and gas leasing and operations across 

all National Forest System lands. 

Specific to oil and gas leasing, the 

Energy Policy Act of 2005 charged 

USDA Forest Service to ensure timely 

and coordinated action on leasing 

applications and expeditious 

compliance with environmental and 

cultural resource laws. 

Need for Rulemaking 

The USDA Forest Service is seeking 

public comment regarding updating, 

clarifying, and streamlining the 

regulations at 36 CFR 228 Subpart E— 

Oil and Gas Resources. The current 

regulations were promulgated in 1990 

with a minor modification in 2007 to 

reflect revisions to Onshore Order No. 

1,1 42 CFR 3164.1. Updating the 

regulations will afford an opportunity to 

modernize and streamline analytical 

and procedural requirements. 

The USDA Forest Service examined 

the regulations as part of USDA’s 

response to Executive Order 13212, 

‘‘Actions to Expedite Energy-Related 

Projects,’’ Executive Order 13783, 

‘‘Promoting Energy Independence and 

Economic Growth,’’ and Executive 

Order 13807, ‘‘Establishing Discipline 

and Accountability in the 

Environmental Review and Permitting 

Process for Infrastructure.’’ Several areas 

of the current regulations were 

identified where potential revisions may 

expedite energy-related projects by 

streamlining internal processes related 

to environmental review and permitting. 

Potential revisions may simplify the 

decision making process for oil and gas 

leasing, which would lead to quicker 

leasing decisions. The potential changes 

to the existing regulation permitting 

sections include eliminating language 

that is redundant with the NEPA 

process, removing confusing options, 

and ensuring better alignment with the 

BLM regulations. The intent of these 

potential changes would be to decrease 

permitting times by removing regulatory 

burdens that unnecessarily encumber 

energy production. These potential 

changes would promote domestic oil 

and gas production by allowing industry 

to begin production more quickly. The 

areas of the current regulations 

identified for potential changes are 

listed in the bullets in the next section 

of this announcement, entitled 

‘‘Comments Requested on Proposed 

Regulation Revision.’’ 

Public input is requested as the USDA 

Forest Service seeks to identify 

opportunities to streamline the 

regulations to reduce burdens on the 

agency and applicants. A focus of the 

streamlining review is to simplify 

internal USDA Forest Service 

processing so that agency leasing 

reviews and Surface Use Plans of 

Operation portions of applications can 

be processed more efficiently. When the 

USDA Forest Service conducts a 

National Environmental Policy Act 

(NEPA) analysis before making an oil 

and gas leasing consent decision, the 

analysis frequently takes multiple years 

to be scheduled, funded, and 


daltland on DSKBBV9HB2PROD with PROPOSALS
46460 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 

completed. Five to ten years is not an 

uncommon length of time for parties 

interested in leasing National Forest 

System lands to wait. In July 2017, the 

Bureau of Land Management compiled 

a list of Surface Use Plans of Operation 

(the surface use portion of an 

Application for Permit to Drill) awaiting 

USDA Forest Service processing. That 

list included 177 Surface Use Plans of 

Operation with an average pending time 

of 3.6 years. 

The Agency will continue to deliver 

scientifically-based, high-quality 

analysis to decision makers that honors 

its environmental stewardship 

responsibilities while maintaining 

robust public particiption. In addition, 

the USDA Forest Service plans to 

conduct staff training following the 

revision of the regulations to provide a 

more consistent approach to oil and gas 

management across the National Forest 

System. 

Comments Requested on Proposed 

Regulation Revision 

The current regulations can be found 

at https://www.gpo.gov/fdsys/pkg/CFR2017-title36-vol2/pdf/CFR-2017-title36- 

vol2-part228-subpartE.pdf. The USDA 

Forest Service requests comments 

regarding revision of the following areas 

of the oil and gas regulations at 36 CFR 

part 228, subpart E: 

• Streamlining and reforming the 

process used by the USDA Forest 

Service to identify National Forest 

System lands that the Bureau of Land 

Management may offer for oil and gas 

leasing; 

• Updating regulatory provisions 

concerning lease stipulation waivers, 

exceptions and modifications; 

• Clarifying procedures for review 

and approval of surface use plans of 

operations; 

• Updating the language addressing 

the operator’s responsibility to protect 

natural resources and the environment; 

• Clarifying language regarding 

inspections and compliance; and 

• Addressing geophysical/seismic 

operations associated with minerals 

related matters in a manner that mirrors 

the Bureau of Land Management (BLM) 

regulations. 

The changes listed here have the 

potential to decrease the burden on 

industry, thus promoting domestic 

energy production primarily by making 

the leasing decision process simpler, 

and by aligning the Forest Service 

process with the BLM so that operators 

have one simplified permitting system. 

National Environmental Policy Act 

This Advance Notice also serves as 

the USDA Forest Service’s notice of 

intent to prepare an environmental 

assessment or environmental impact 

statement pursuant to the National 

Environmental Policy Act, and initiate 

the scoping process. The USDA Forest 

Service requests comments regarding 

any potential environmental effects of 

changes to the 36 CFR part 228, subpart 

E, regulations. 

Conclusion: The USDA Forest Service 

is considering how to best proceed with 

revisions to 36 CFR part 228, subpart E, 

addressing analysis and protection of 

the renewable surface resources of the 

National Forest System associated with 

development of oil and gas resources on 

National Forest System lands. 

Comments and information supplied 

in response to this Notice will help the 

USDA Forest Service determine the next 

steps in revising and analyzing the oil 

and gas regulations. Comments should 

provide enough detail and contain 

sufficient supporting information (e.g., 

citations to published studies and or 

data related to your comments) in order 

for the USDA Forest Service to 

understand the issues raised and give 

comments the fullest consideration. 

Regulatory Findings: This ANPR is 

not a regulatory action under Executive 

Order 13771. 

Dated: August 31, 2018. 

Victoria Christiansen, 

Interim Chief, USDA, Forest Service. 

[FR Doc. 2018–19962 Filed 9–12–18; 8:45 am] 

BILLING CODE 3411–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0007, EPA–HQ– 

OLEM–2018–0580, 0581, 0582, 0583, 0585, 

and 0586; FRL–9983–70–OLEM] 

National Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency 

(‘‘EPA’’ or ‘‘the agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow the EPA to 

assess the nature and extent of public 

health and environmental risks 

associated with the site and to 

determine what CERCLA-financed 

remedial action(s), if any, may be 

appropriate. This rule proposes to add 

six sites to the General Superfund 

section of the NPL and proposes to 

change the name of a site previously 

added to the NPL. 

DATES: Comments regarding any of these 

proposed listings must be submitted 

(postmarked) on or before November 13, 

2018. 

ADDRESSES: Identify the appropriate 

docket number from the table below. 

DOCKET IDENTIFICATION NUMBERS BY SITE

Site name City/county, state Docket ID No. 

Copper Bluff Mine ..................................................................................... Hoopa, CA ...................................... EPA–HQ–OLEM–2018–0580. 

Cliff Drive Groundwater Contamination .................................................... Logansport, IN ................................ EPA–HQ–OLEM–2018–0581. 

McLouth Steel Corp .................................................................................. Trenton, MI ..................................... EPA–HQ–OLEM–2018–0582. 

Sporlan Valve Plant #1 ............................................................................. Washington, MO ............................. EPA–HQ–OLEM–2018–0583. 

Magna Metals ........................................................................................... Cortlandt Manor, NY ...................... EPA–HQ–OLEM–2018–0585. 

Shaffer Equipment/Arbuckle Creek Area ................................................. Minden, WV .................................... EPA–HQ–OLEM–2018–0586. 

Submit your comments, identified by 

the appropriate docket number, at 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 


daltland on DSKBBV9HB2PROD with PROPOSALS