[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57613-57616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23475]


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DEPARTMENT OF ENERGY


Advance Notice of Intent To Prepare a Programmatic Environmental 
Impact Statement for the Designation of Energy Corridors on Federal 
Lands in 39 States, Amend Relevant Agency Land Use or Equivalent Plans 
and Notice of Floodplain and Wetlands Involvement

AGENCY: Department of Energy (DOE), Office of Electricity Delivery and 
Energy Reliability (OE).

ACTION: Advance Notice of Intent.

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SUMMARY: Section 368(b) of the Energy Policy Act of 2005 (the Act), 
Public Law 109-58 (August 8, 2005), directs the Secretaries of 
Agriculture, Commerce, Defense, Energy, and the Interior (Secretaries) 
to identify corridors (Section 368 corridors) on Federal lands in 39 
States, other than the 11 contiguous Western States (Arizona, 
California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, 
Washington, and Wyoming) (11 Western States) that might be used for 
oil, gas and hydrogen pipelines and electricity transmission and 
distribution facilities. Section 368 further requires the Secretaries 
to identify these Section 368 corridors by August 8, 2009, and schedule 
prompt action to designate and incorporate the Section 368 corridors 
into applicable land use or equivalent plans. The designation must 
specify the centerline, width and compatible uses of the Section 368 
corridors.
    In proposing how and where to designate Section 368 corridors, the 
Secretaries must take into account the need for upgraded and new 
electricity transmission and distribution facilities to (1) Improve 
reliability; (2) relieve congestion; and (3) enhance the capability of 
the national grid to deliver electricity. The Section 368 corridor 
designations would not authorize development but would serve as a 
planning tool to identify the preferred locations for siting potential 
energy transport projects in the future.
    DOE, the Department of the Interior (DOI), the Department of 
Agriculture (USDA) and the Department of Defense (DOD) (the Agencies) 
intend to prepare a programmatic environmental impact statement (PEIS), 
entitled Designation of Energy Corridors on Federal Land in 39 States 
(DOE/EIS-0406), to identify any environmental impacts that may result 
from the proposed action of designating Section 368 corridors and 
incorporating them into applicable land use or equivalent plans. The 
Agencies also will identify the environmental impacts from the range of 
reasonable alternatives to the proposed action. DOE and DOI, through 
the Bureau of Land Management (BLM), intend to be co-lead agencies for 
this effort; USDA, through the United States Forest Service (FS), and 
DOD intend to participate as cooperating agencies.
    DOE is issuing this Advance Notice of Intent (ANOI), pursuant to 10 
CFR 1021.311(b), in order to request early comments and suggestions 
from Federal and State agencies, Tribal and local governments, the 
public, and other interested parties. Comments and suggestions will 
assist the Agencies in identifying the location of potential Section 
368 corridors on Federal lands in 39 States, the preliminary range of 
reasonable alternatives, screening criteria, and the potential 
environmental impacts related to the Agencies' designation of Section 
368 corridors on Federal land in 39 States. The early comments on the 
potential location of Section 368 corridors will inform DOE's decision 
on where to hold scoping meetings.
    Because the proposed action may involve actions in a floodplain or 
wetland, the draft PEIS would include a floodplain and wetlands 
assessment, as required by 10 CFR 1022, and the final PEIS or agency 
records of decision would include a floodplain statement of findings. 
The Agencies will prepare the PEIS in accordance with the National 
Environmental Policy Act (NEPA); the Council on Environmental Quality's 
NEPA implementing regulations, 40 CFR 1500-1508; DOE's NEPA 
implementing regulations promulgated pursuant to NEPA, 10 CFR 1021; 
BLM's planning regulations, 43 CFR 1600; and applicable FS planning 
regulations to amend land use plans.

DATES: The public comment period for this ANOI starts with the 
publication of this notice in the Federal Register and will continue 
until December 2, 2008. Comments received or postmarked after that date 
will be considered to the extent practicable. The Agencies plan to 
issue a Notice of Intent (NOI) for this PEIS following analysis of 
comments and suggestions received on the ANOI. After the NOI is issued, 
the Agencies will conduct public scoping meetings to assist in further 
defining the scope of the PEIS and to identify significant issues to be 
addressed. The dates and locations of all scoping meetings will be 
announced in the NOI, subsequent Federal Register notices, and in local 
media.

ADDRESSES: Comments or suggestions on the scope of the PEIS and the 
proposed action should be sent to: Brian Mills at the U.S. Department 
of Energy,

[[Page 57614]]

Office of Electricity Delivery and Energy Reliability (OE-20), 1000 
Independence Avenue, SW., Washington, DC 20585; phone 202-586-8267; 
facsimile at 202-586-8008; or by electronic mail at 
<a href="/cdn-cgi/l/email-protection#a5e7d7ccc4cb8be8ccc9c9d6e5cdd48bc1cac08bc2cad3"><span class="__cf_email__" data-cfemail="30724259515e1e7d595c5c437058411e545f551e575f46">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: To request further information about 
this PEIS, the public scoping meetings, or to be placed on the PEIS 
distribution list, use any of the methods listed under ADDRESSES above. 
For general information on the DOE NEPA process please contact: Carol 
M. Borgstrom, Director, Office of NEPA Policy and Compliance (GC-20), 
U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, 
DC 20585-0103; phone 202-586-4600; leave a message at 800-472-2756; or 
facsimile at 202-586-7031. Further information about this effort, 
including maps showing Federal lands and existing infrastructure, may 
be found on the project Web site at eastcorridoreis.anl.gov.

SUPPLEMENTARY INFORMATION: The Department of Energy (DOE) hereby 
provides advance notice that several Federal Agencies intend to prepare 
a Programmatic Environmental Impact Statement (PEIS) to analyze the 
environmental impacts from the proposed action and the range of 
reasonable alternatives for implementing Section 368 of the Energy 
Policy Act of 2005, entitled Energy Right-of-Way Corridors on Federal 
Land. The Agencies intend to prepare this PEIS pursuant to NEPA, the 
CEQ's NEPA implementing regulations, 40 CFR 1500-1508; DOE's NEPA 
implementing regulations promulgated pursuant to NEPA, 10 CFR 1021; 
BLM's planning regulations, 43 CFR 1600; and applicable FS planning 
regulations to amend land use plans. DOE issues this ANOI pursuant to 
10 CFR 1021.311(b).

Background and Purpose and Need for Agency Action

    As outlined below, the purpose and need for the Agency action is to 
implement Section 368 of EPAct 2005. Recognizing the shortcomings in 
the nation's energy infrastructure Congress required in Section 368(a) 
that the Agencies and the Department of Commerce (1) Designate, under 
their respective authorities, corridors for oil, gas, and hydrogen 
pipelines and electricity transmission and distribution facilities on 
Federal land* * *; (2) perform any environmental reviews that may be 
required to complete the designation of such corridors; and (3) 
incorporate the designated corridors into the relevant land use and 
resource management plans or equivalent plans.
    Congress placed the highest priority on implementing Section 368 
with respect to the 11 contiguous Western States. The Agencies issued a 
Draft PEIS for the Designation of Corridors on Federal Land in the 11 
Western States (DOE/EIS-0386) on November 16, 2007, and are currently 
preparing a Final PEIS. The Notice of Availability for the Draft PEIS 
is published on November 16, 2007 (72 FR 64591).
    The PEIS at issue here is for implementing Section 368 with respect 
to the other 39 States (39 States). Section 368(b) of the Act requires 
the Agencies and the Department of Commerce to identify corridors in 
the 39 States by August 8, 2009, and then to schedule prompt action to 
identify, designate, and incorporate those corridors in the applicable 
land use plans. Pursuant to Section 368(e), the designation must 
specify the corridor's centerline, width and compatible uses.
    Further, Section 368(c)(2) requires ``The Secretaries, in 
consultation with the Federal Energy Regulatory Commission, affected 
utility industries, and other interested parties, shall establish 
procedures under their respective authorities that * * * (2) expedite 
applications to construct or modify oil, gas and hydrogen pipelines and 
electricity transmission and distribution facilities within such 
corridors, taking into account prior analyses and environmental reviews 
undertaken during the designation of such corridors.''
    Section 368(d) of the Act provides the Agencies with an outline of 
the goals of the Section 368 energy corridors: ``* * * in carrying out 
this section, the Secretaries shall take into account the need for 
upgraded and new electricity transmission and distribution facilities 
to--(1) Improve reliability; (2) relieve congestion; and (3) enhance 
the capability of the national grid to deliver electricity.''
    It is important to note that the designated Section 368 corridors 
would not themselves authorize development. Rather, designating the 
Section 368 corridors and amending relevant land use plans would 
constitute an administrative action that simply identifies the 
Agencies' preferred location for future development of energy transport 
projects. The Agencies also intend to improve coordination among the 
Agencies and to develop Interagency Operating Procedures (IOPs) to 
increase their efficiency in reviewing applications for projects within 
the Section 368 corridors.
    Within the 39 States addressed by the proposed action, the Federal 
government owns 21.2% of the total land area with the FS, DOD, U.S. 
Fish and Wildlife Service, and National Park Service being the 
principal land stewards. Federal land comprises a small percentage of 
the 39 States in comparison with the high percentage of Federal land in 
the 11 Western States. Only 4.8% of the total land area within the 37 
contiguous States and 8.9% of Hawaii is Federal land whereas about 50% 
of the 11 Western states are Federal lands. Alaska, whose land area is 
58.1% Federal, is the one notable exception.
    As opposed to the 11 Western States, where development on Federal 
land is clearly necessary to improve energy delivery to population 
centers, it is unclear that Section 368 corridors in all 39 States, 
particularly those with relatively few acres of Federal land, would 
improve energy delivery significantly enough to warrant their 
designation. The Agencies hope to receive comments from the general 
public, Tribes, States, and industry, during the NEPA process, to help 
identify not only environmental considerations relevant to designating 
Section 368 corridors but also where designated Section 368 corridors 
would serve the broad goal of improving energy delivery.
    The Agencies are providing detailed information concerning Federal 
lands in the 39 States at the project's Web site: 
eastcorridoreis.anl.gov. This information includes location maps, 
existing infrastructure on Federal lands, acreage tabulations and links 
to additional sites such as the United States Geological Survey 
National Atlas that contain printable State maps showing Federal lands. 
Comments on this ANOI, particularly those that help identify potential 
locations for Section 368 corridors, will inform the Agencies' decision 
on where to hold public scoping meetings after issuing a Notice of 
Intent to prepare the PEIS.

Proposed Action and Alternatives

    The Proposed Action in this PEIS is to identify and designate 
Section 368 corridors and incorporate them into the applicable land use 
or equivalent plans on Federal lands within 39 States for oil, gas, and 
hydrogen pipelines and electricity transmission and distribution 
facilities. These designated Section 368 corridors would be the 
preferred location for future energy right-of-way (ROW) project 
development. It should be noted that Section 368 applies only to 
Federal lands.
    At the outset, it is important to understand the distinction 
between a

[[Page 57615]]

linear infrastructure ROW and the Section 368 corridors. An ROW is a 
land use authorization to allow construction and operation of a 
specific energy transport project on identified Federal lands. In 
contrast, a Section 368 corridor would not authorize any energy 
transport projects. It would identify Federal lands where the 
construction, operation or upgrade of one or more energy transport 
projects is preferred. As guided by the Federal Land Policy and 
Management Act of 1976 (FLPMA), Section 368 corridors would assist in 
minimizing adverse impacts and the proliferation of separate ROWs 
(which could be consolidated into a single Section 368 corridor). The 
Section 368 corridors would constitute a planning tool.
    The Proposed Action would not authorize project activities. When a 
specific project such as construction of a new pipeline or electric 
transmission line or retrofitting utilities within a Section 368 
corridor is proposed, the proponent would apply for an ROW and the 
project would be subject to site-specific NEPA analysis, which would 
include public comment. The Agencies believe that the PEIS will supply 
information that the Agencies can reference, as appropriate, in the 
event that they prepare site-specific NEPA documents to support a 
request for an ROW.
    The Draft PEIS will analyze at least three alternatives, including: 
(1) A No Action Alternative; (2) designation of existing ROWs as 
Section 368 corridors (Existing ROW Alternative); (3) designation of 
existing ROWs and routes where there are no ROWs as Section 368 
corridors (New Corridors Alternative). The information received as a 
result of this notice and future public scoping may result in 
additional alternatives being evaluated.

No Action Alternative

    Under the No Action Alternative, Section 368 corridors would not be 
designated on Federal lands in any of the 39 States; the siting and 
development of energy transport projects would continue under current 
agency procedures for granting ROWs; and energy transport project 
applicants would have to satisfy the often disparate application 
requirements of multiple agencies for the same project. There would be 
relatively little coordination for siting and permitting these projects 
to meet current and future energy needs in the 39 States.
    The parts of the PEIS that discuss the No Action Alternative would 
identify the environmental impacts associated with each of the Agencies 
continuing to issue ROWs pursuant to their present practices. These 
practices would include the application of local planning criteria by 
each Federal land management office. Local planning criteria may not 
include the specificity required by Section 368 to, at a minimum, 
specify the centerline, width, and compatible uses of a corridor.

Existing ROW Alternative

    Under this alternative, the Agencies would review existing ROWs 
and, if suitable, designate these ROWs as Section 368 corridors and 
incorporate those Section 368 corridors through amendment into relevant 
land use and resource management plans. These Section 368 corridors 
would constitute preferred locations for future ROWs for projects on 
Federal lands. The PEIS would identify the environmental impacts, if 
any, associated with each of the Agencies designating the Section 368 
corridors and amending relevant land use and resource management plans.

New Corridors Alternative

    Under the New Corridors Alternative, the Agencies would designate 
as Section 368 corridors the existing ROWs together with newly 
designated Section 368 corridors. These Section 368 corridors would 
comprise preferred locations for future ROWs on Federal lands.
    Based upon the information and analyses developed in this PEIS, if 
an Agency decides to implement an action alternative, the Agency would 
issue a Record of Decision (ROD) to designate a series of Section 368 
energy corridors by amending the appropriate land use plans.

Potential Section 368 Corridor Screening Criteria

    The following represent screening criteria that could help identify 
the preferred locations of Section 368 corridors. The screening 
criteria would be used to identify both presumptively suitable land for 
future development of energy transport projects and land use 
considerations that potentially influence the designation of these 
Federal lands as Section 368 corridors.

Existing ROWs

    (1) Locally designated utility corridors identified in land use 
plans pursuant to FLPMA; (2) Utility ROWs in current use (built before 
1969); (3) ROWs in current use (built after 1969); (4) Related ROW use 
(e.g. transportation easement); and (5) Existing deeded easements for 
electrical transmission lines.
    Land classifications that could restrict designation of Section 368 
corridors, including those Federal lands of ecological, cultural, 
scientific, educational or recreational resources:
    (1) Wilderness areas including study, eligible, proposed, 
recommended, or designated wilderness area; (2) Wild and scenic rivers; 
(3) National Park Service Units (designated as Parks, Monuments, 
Preserves/National Reserves, Historic Sites, Historical Parks, Military 
Parks, Memorials, Battlefields, Cemeteries, Recreation Areas, 
Seashores, Lakeshores, Rivers/Scenic Rivers, Parkways, Trails); (4) 
National wildlife refuges; (5) National Monuments; (6) Roadless areas; 
(7) National natural landmarks; (8) National conservation areas; (9) 
Areas of critical environmental concern; (10) World heritage sites; 
(11) Research natural areas; (12) Experimental forests; (13) 
Paleontological resource sites; (14) Military installations/training 
and testing areas; (15) DOD special use air space; (16) Citizen 
proposed wilderness areas; (17) National Historic Register sites; (18) 
Critical habitat for threatened, endangered or candidate species; (19) 
Citizen proposed wilderness study areas; and (20) Native American 
cultural resource sites.

Identification of Environmental Issues

    The purpose of this ANOI is to solicit comments and suggestions for 
consideration in the preparation of the PEIS and to help inform the 
Agencies on where to hold scoping meetings following the issuance of an 
NOI. As background for public comment, this advance notice contains a 
list of potential environmental issues that the Agencies have 
tentatively identified for analysis. This list is not intended to be 
all-inclusive or to imply any predetermination of impacts, nor does it 
imply that there are direct, indirect or cumulative impacts from the 
Proposed Action. The following is a preliminary list of issues that may 
be analyzed in the PEIS: (1) Impacts on existing and future land uses; 
(2) Socioeconomic and recreational impacts of future development of 
ROWs and their subsequent use; (3) Impacts of future development on 
protected, threatened, endangered, or sensitive species of animals or 
plants, or their critical habitats; (4) Impacts on floodplains and 
wetlands; (5) Impacts on archaeological, cultural, or historic 
resources; (6) Impacts on human health and safety; (7) Visual impacts; 
and (8) Disproportionately high and adverse impacts on minority and 
low-income populations, also known as environmental justice 
considerations.

[[Page 57616]]

PEIS Process

    Interested parties are invited to participate in the PEIS process, 
both to refine the preliminary alternatives and environmental issues to 
be analyzed in depth and to eliminate from detailed study those 
alternatives and environmental issues that are not reasonable or 
pertinent. The Agencies plan to issue a NOI by the end of 2008, which 
will be followed by a public scoping period. The scoping process is 
intended to involve all interested agencies (Federal, State, county, 
and local), public interest groups, Native American Tribes, businesses, 
and members of the public.

Draft PEIS Schedule and Availability

    The Agencies plan to issue a Draft PEIS in 2009. The availability 
of the Draft PEIS and dates for public hearings to receive comments on 
it will be announced in the Federal Register and local media. The 
Agencies will consider comments on the Draft PEIS when they prepare the 
Final PEIS. Interested parties who do not wish to submit comments or 
suggestions at this time, but who would like to receive a copy of the 
Draft PEIS and other project materials, please contact Brian Mills as 
provided in the ADDRESSES section of this notice.

    Issued in Washington, DC, on September 29, 2008.
Kevin M. Kolevar,
Assistant Secretary, Electricity Delivery and Energy Reliability, 
Department of Energy.
[FR Doc. E8-23475 Filed 10-2-08; 8:45 am]
BILLING CODE 6450-01-P


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