81 FR 51936 - Notice of Availability of the Final Environmental Impact Statement for Previously Issued Oil and Gas Leases in the White River National Forest, Colorado
DEPARTMENT OF THE INTERIOR
Bureau of Land Management Federal Register Volume 81, Issue 151 (August 5, 2016)
Bureau of Land Management
Federal Register Volume 81, Issue 151 (August 5, 2016)
| Page Range | 51936-51937 | |
| FR Document | 2016-18542 |
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)] [Notices] [Pages 51936-51937] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18542] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCON04000 L16100000.DP000] Notice of Availability of the Final Environmental Impact Statement for Previously Issued Oil and Gas Leases in the White River National Forest, Colorado AGENCY: Bureau of Land Management, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), the Bureau of Land Management (BLM) Colorado River Valley Field Office (CRVFO), located in Silt, Colorado, prepared a Final Environmental Impact Statement (EIS) that analyzes the environmental impacts of previous decisions to issue 65 leases on lands within the White River National Forest (WRNF) from 1995 to 2012. DATES: The BLM will not issue a final decision on the proposal for a minimum of 30 days after the date that the Environmental Protection Agency publishes its Notice of Availability in the Federal Register. ADDRESSES: Copies of the Previously Issued Oil and Gas Leases in the WRNF Final EIS are available for public inspection at the CRVFO, 2300 River Frontage Road, Silt, CO 81652. Interested persons may also review the Final EIS on the project Web site at http://www.blm.gov/co/st/en/fo/crvfo.html. FOR FURTHER INFORMATION CONTACT: Greg Larson, Project Manager, at the address above, by telephone at 970-876-9000, or by email at [email protected]. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1- 800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, seven days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: The BLM developed this EIS to address a NEPA deficiency identified by the Interior Board of Land Appeals (IBLA) related to the issuance of oil and gas leases on WRNF lands from 1995 to 2004. In 2007, the IBLA ruled that before including WRNF parcels in an oil and gas lease sale, the BLM must either formally adopt the NEPA analysis completed by the U.S. Forest Service (USFS) or conduct a NEPA analysis of its own (Board of Commissioners of Pitkin County, 173 IBLA 173 (2007)). The BLM canceled the three leases at issue in that case and has identified 65 additional leases with effective dates ranging from 1995 to 2012, which the BLM leased without either: (i) Adopting applicable USFS NEPA, or (ii) Preparing its own NEPA analysis. For these 65 existing leases, the most recent USFS decision to make these lands available for oil and gas leasing was analyzed in the 1993 USFS WRNF Oil and Gas Leasing EIS, which was reaffirmed in the 2002 WRNF Plan. While the BLM obtained USFS consent before offering and subsequently issuing these 65 leases, it did not adopt the USFS' NEPA analysis or prepare its own analysis. As a result, the BLM determined that the issuance of the leases in question was not in compliance with applicable NEPA requirements, rendering the leases voidable. The BLM therefore determined that additional actions were necessary to either reaffirm, modify, or cancel those leases. As part of its determination of what additional action needs to be taken, the BLM determined that the WRNF NEPA analysis relevant to the 65 previously issued leases was no longer adequate due to changes in laws, regulations, policies and conditions since the earlier EIS was finalized in 1993. As a result, the BLM prepared this EIS, which analyzes the previous decisions to lease WRNF lands for oil and gas development. Based on the analysis in the EIS, the BLM will determine whether these 65 leases should be cancelled, reaffirmed, or modified with additional or different terms. Distinct from this effort, the USFS has also been updating its 1993 Oil and Gas Leasing EIS to address future oil and gas leasing availability on the WRNF. The USFS released the Final EIS and Draft Record of Decision in December 2014. The Final USFS Record of Decision was signed in December 2015. The USFS EIS and ROD are forward-looking and do not directly affect the 65 previously issued leases; however, the information generated as part of that process was relevant to the BLM's analysis. As part of its process, the BLM has incorporated as much of the new USFS NEPA analysis of future oil and gas leasing on WRNF lands as possible into the BLM's analysis of the existing leases. The BLM considered six alternatives in the Final EIS, including the No Action Alternative. The No Action Alternative would reaffirm the lease stipulations on the 65 leases as they were issued. Under this alternative, the BLM would take no action by continuing to administer the leases with their current stipulations. Alternative 2 would address inconsistencies in some of the existing leases by adding stipulations identified in the 1993 WRNF EIS that should have been but were not attached to eight leases when they were issued. Alternative 3 would modify the 65 leases to match the stipulations identified for future leasing in the 2014 USFS Final EIS Proposed Action. Alternative 4 would modify or cancel the 65 leases to match the stipulations and availability decision for future leasing identified in the 2014 USFS Draft Record of Decision. In areas the USFS identified as open to future leasing, lease stipulations would be modified to track those found in the most recent decisions, and all or part of 25 existing leases in areas identified as closed to future leasing would be cancelled. Alternative 5 would cancel all 65 leases. For purposes of the Final EIS, the BLM identified a combination of Alternatives 2 and 4 as its Preferred Alternative. Under this alternative, the BLM would cancel in their entirety 25 leases that are not producing or committed to a unit or communitization agreement, and that overlap with the area identified as closed to future leasing by the USFS's Final Record of Decision (USFS 2015f). It would apply Alternative 4 stipulations (i.e., those that were identified in the 2015 USFS Record of Decision) to the 13 undeveloped leases that are within parts of the WRNF identified as open to future leasing, and would apply Alternative 2 stipulations (i.e., those [[Page 51937]] identified in the 1993 WRNF EIS) to the 23 leases that are producing or committed to a unit agreement or communitization agreement. Four of these leases had previously been part of the Willow Creek Unit and are now expired. If the unit contraction associated with these 4 leases is overturned on appeal, those leases would be reauthorized and the Alternative 2 stipulations would apply. As with Alternative 4, the BLM would offer the lessee the option of either accepting the new stipulations or having the lease in question cancelled. For undeveloped leases, cancellation would be accomplished through a BLM process and would require that the BLM reimburse any bonus bids and rental payments. The BLM developed this Preferred Alternative to address public comments and concerns submitted in response to the Draft EIS, while acknowledging recent decisions by the USFS governing future oil and gas leasing on the WRNF. The Preferred Alternative also recognizes the adverse economic impacts to local governments and technical challenges for the BLM associated with any decision to cancel producing or committed leases. The Draft EIS was released on November 20, 2015 (80 FR 72733), for a 49-day public comment period. During that period, the BLM held three public meetings in communities near the project area: Glenwood Springs, DeBeque and Carbondale, Colorado. The BLM received 60,515 comments during the formal comment period. The BLM worked with cooperating agencies (including the Environmental Protection Agency; USFS; the Colorado Department of Natural Resources, including Colorado Parks and Wildlife; Garfield, Mesa, Pitkin and Rio Blanco counties; the Cities of Glenwood Springs and Rifle, and the Towns of Carbondale, New Castle, Parachute and Silt) to prepare the Final EIS. The BLM also consulted with the U.S. Fish and Wildlife Service (Service) informally and through a Biological Assessment; the Service issued a consultation memorandum on May 19, 2016, concurring with the BLM effects determinations of ``may affect, but is not likely to adversely affect'' for Ute ladies'-tresses orchid, Colorado hookless cactus and its critical habitat, Western yellow-billed cuckoo, Green-lineage cutthroat trout, Colorado pikeminnow and its critical habitat, Razorback sucker and its critical habitat, Humpback chub and its critical habitat, Bonytail and its critical habitat, and Canada lynx. In addition, the BLM notified the Colorado State Historic Preservation Office (SHPO) via an informational letter that pursuant to the 2014 Protocol agreement between the BLM Colorado and the SHPO, this undertaking does not exceed any of the review thresholds that would require SHPO concurrence, and that there will be no adverse effect to historic properties. Finally, the BLM began tribal consultation for the project in April 2014 when the field manager sent a scoping letter via certified mail to the Ute Indian Tribe (Uintah and Ouray Reservation), Ute Mountain Ute Tribe, and Southern Ute Indian Tribe. Consultation and outreach continued through April 22, 2016, when the BLM sent the tribes a letter that identified the Preferred Alternative and summarized cultural resource records within the area of potential effect (including potential Traditional Cultural Properties). The letter also offered the opportunity for comments or clarifications. The BLM will continue to offer opportunities for the tribes to identify properties of possible traditional religious and cultural importance that may be affected by the alternatives and to express their concerns throughout the project as stipulated under EO 13175, November 6, 2000. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority: 40 CFR 1506.6, 40 CFR 1506.10 Ruth Welch, BLM Colorado State Director. [FR Doc. 2016-18542 Filed 8-4-16; 8:45 am] BILLING CODE 4310-JB-P
![51936 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
Paperwork Reduction Act of 1995 FOR FURTHER INFORMATION CONTACT: Greg or modified with additional or different
These proposed rate adjustments do Larson, Project Manager, at the address terms. Distinct from this effort, the
not affect the collections of information above, by telephone at 970–876–9000, USFS has also been updating its 1993
which have been approved by the Office or by email at glarson@blm.gov. Persons Oil and Gas Leasing EIS to address
of Information and Regulatory Affairs, who use a telecommunications device future oil and gas leasing availability on
Office of Management and Budget, for the deaf (TDD) may call the Federal the WRNF. The USFS released the Final
under the Paperwork Reduction Act of Information Relay Service (FIRS) at 1– EIS and Draft Record of Decision in
1995. The OMB Control Number is 800–877–8339 to contact the above December 2014. The Final USFS Record
1076–0141 and expires June 30, 2019. individual during normal business of Decision was signed in December
hours. The FIRS is available 24 hours a 2015. The USFS EIS and ROD are
National Environmental Policy Act day, seven days a week, to leave a forward-looking and do not directly
The Department has determined that message or question with the above affect the 65 previously issued leases;
these proposed rate adjustments do not individual. You will receive a reply however, the information generated as
constitute a major Federal action during normal business hours. part of that process was relevant to the
significantly affecting the quality of the SUPPLEMENTARY INFORMATION: The BLM BLM’s analysis. As part of its process,
human environment and that no developed this EIS to address a NEPA the BLM has incorporated as much of
detailed statement is required under the deficiency identified by the Interior the new USFS NEPA analysis of future
National Environmental Policy Act of Board of Land Appeals (IBLA) related to oil and gas leasing on WRNF lands as
1969 (42 U.S.C. 4321–4370(d)). the issuance of oil and gas leases on possible into the BLM’s analysis of the
WRNF lands from 1995 to 2004. In existing leases.
Dated: August 1, 2016. The BLM considered six alternatives
Lawrence S. Roberts, 2007, the IBLA ruled that before
in the Final EIS, including the No
Principal Deputy Secretary—Indian Affairs. including WRNF parcels in an oil and
Action Alternative. The No Action
gas lease sale, the BLM must either
[FR Doc. 2016–18642 Filed 8–4–16; 8:45 am] Alternative would reaffirm the lease
formally adopt the NEPA analysis
BILLING CODE 4337–15–P stipulations on the 65 leases as they
completed by the U.S. Forest Service
were issued. Under this alternative, the
(USFS) or conduct a NEPA analysis of
BLM would take no action by
DEPARTMENT OF THE INTERIOR its own (Board of Commissioners of
continuing to administer the leases with
Pitkin County, 173 IBLA 173 (2007)). their current stipulations. Alternative 2
Bureau of Land Management The BLM canceled the three leases at would address inconsistencies in some
issue in that case and has identified 65 of the existing leases by adding
[LLCON04000 L16100000.DP000] additional leases with effective dates stipulations identified in the 1993
ranging from 1995 to 2012, which the WRNF EIS that should have been but
Notice of Availability of the Final
BLM leased without either: (i) Adopting were not attached to eight leases when
Environmental Impact Statement for
applicable USFS NEPA, or (ii) Preparing they were issued. Alternative 3 would
Previously Issued Oil and Gas Leases
its own NEPA analysis. For these 65 modify the 65 leases to match the
in the White River National Forest,
existing leases, the most recent USFS stipulations identified for future leasing
Colorado
decision to make these lands available in the 2014 USFS Final EIS Proposed
AGENCY: Bureau of Land Management, for oil and gas leasing was analyzed in Action. Alternative 4 would modify or
Interior. the 1993 USFS WRNF Oil and Gas cancel the 65 leases to match the
ACTION: Notice. Leasing EIS, which was reaffirmed in stipulations and availability decision for
the 2002 WRNF Plan. future leasing identified in the 2014
SUMMARY: In compliance with the While the BLM obtained USFS USFS Draft Record of Decision. In areas
National Environmental Policy Act of consent before offering and the USFS identified as open to future
1969, as amended (NEPA), the Bureau of subsequently issuing these 65 leases, it leasing, lease stipulations would be
Land Management (BLM) Colorado did not adopt the USFS’ NEPA analysis modified to track those found in the
River Valley Field Office (CRVFO), or prepare its own analysis. As a result, most recent decisions, and all or part of
located in Silt, Colorado, prepared a the BLM determined that the issuance of 25 existing leases in areas identified as
Final Environmental Impact Statement the leases in question was not in closed to future leasing would be
(EIS) that analyzes the environmental compliance with applicable NEPA cancelled. Alternative 5 would cancel
impacts of previous decisions to issue requirements, rendering the leases all 65 leases.
65 leases on lands within the White voidable. The BLM therefore For purposes of the Final EIS, the
River National Forest (WRNF) from determined that additional actions were BLM identified a combination of
1995 to 2012. necessary to either reaffirm, modify, or Alternatives 2 and 4 as its Preferred
DATES: The BLM will not issue a final cancel those leases. As part of its Alternative. Under this alternative, the
decision on the proposal for a minimum determination of what additional action BLM would cancel in their entirety 25
of 30 days after the date that the needs to be taken, the BLM determined leases that are not producing or
Environmental Protection Agency that the WRNF NEPA analysis relevant committed to a unit or communitization
publishes its Notice of Availability in to the 65 previously issued leases was agreement, and that overlap with the
the Federal Register. no longer adequate due to changes in area identified as closed to future
ADDRESSES: Copies of the Previously laws, regulations, policies and leasing by the USFS’s Final Record of
Issued Oil and Gas Leases in the WRNF conditions since the earlier EIS was Decision (USFS 2015f). It would apply
mstockstill on DSK3G9T082PROD with NOTICES
Final EIS are available for public finalized in 1993. As a result, the BLM Alternative 4 stipulations (i.e., those
inspection at the CRVFO, 2300 River prepared this EIS, which analyzes the that were identified in the 2015 USFS
Frontage Road, Silt, CO 81652. previous decisions to lease WRNF lands Record of Decision) to the 13
Interested persons may also review the for oil and gas development. undeveloped leases that are within parts
Final EIS on the project Web site at Based on the analysis in the EIS, the of the WRNF identified as open to
http://www.blm.gov/co/st/en/fo/ BLM will determine whether these 65 future leasing, and would apply
crvfo.html. leases should be cancelled, reaffirmed, Alternative 2 stipulations (i.e., those
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![Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices 51937
identified in the 1993 WRNF EIS) to the (SHPO) via an informational letter that SUMMARY: The Bureau of Reclamation
23 leases that are producing or pursuant to the 2014 Protocol agreement and the City of San Diego will prepare
committed to a unit agreement or between the BLM Colorado and the a joint Environmental Impact Report/
communitization agreement. Four of SHPO, this undertaking does not exceed Environmental Impact Statement to
these leases had previously been part of any of the review thresholds that would evaluate the effects of the North City
the Willow Creek Unit and are now require SHPO concurrence, and that Project, the first phase of the Pure Water
expired. If the unit contraction there will be no adverse effect to San Diego Program (Pure Water
associated with these 4 leases is historic properties. Finally, the BLM Program). The Pure Water Program is a
overturned on appeal, those leases began tribal consultation for the project water and wastewater facilities plan to
would be reauthorized and the in April 2014 when the field manager produce potable water from recycled
Alternative 2 stipulations would apply. sent a scoping letter via certified mail to water.
As with Alternative 4, the BLM would the Ute Indian Tribe (Uintah and Ouray Interested parties are invited to
offer the lessee the option of either Reservation), Ute Mountain Ute Tribe, comment on the scope of the
accepting the new stipulations or having and Southern Ute Indian Tribe. environmental analysis and the
the lease in question cancelled. For Consultation and outreach continued proposed alternatives. Two public
undeveloped leases, cancellation would through April 22, 2016, when the BLM meetings are scheduled.
be accomplished through a BLM process sent the tribes a letter that identified the DATES: Please submit written comments
and would require that the BLM Preferred Alternative and summarized on or before September 6, 2016.
reimburse any bonus bids and rental cultural resource records within the area Public meeting dates:
payments. of potential effect (including potential 1. August 23, 2016, 6 p.m. to 7:30
The BLM developed this Preferred Traditional Cultural Properties). The p.m., Scripps Miramar Ranch Public
Alternative to address public comments letter also offered the opportunity for Library.
and concerns submitted in response to comments or clarifications. The BLM 2. August 25, 2016, 6:30 p.m. to 8
the Draft EIS, while acknowledging will continue to offer opportunities for p.m., City of San Diego Public Utilities
recent decisions by the USFS governing the tribes to identify properties of Department.
future oil and gas leasing on the WRNF. possible traditional religious and ADDRESSES: Send written comments to
The Preferred Alternative also cultural importance that may be affected Doug McPherson, Southern California
recognizes the adverse economic by the alternatives and to express their Area Office, Bureau of Reclamation,
impacts to local governments and concerns throughout the project as 27708 Jefferson Avenue, Suite 202,
technical challenges for the BLM stipulated under EO 13175, November Temecula, CA 92590; or email to
associated with any decision to cancel 6, 2000. dmcpherson@usbr.gov.
producing or committed leases. Before including your address, phone Public meeting locations:
The Draft EIS was released on 1. Scripps Miramar Ranch Public
number, email address, or other
November 20, 2015 (80 FR 72733), for Library, 10301 Scripps Lake Drive, San
personal identifying information in your
a 49-day public comment period. During Diego, CA.
that period, the BLM held three public comment, you should be aware that
your entire comment—including your 2. City of San Diego Public Utilities
meetings in communities near the Department, 9192 Topaz Way, San
project area: Glenwood Springs, personal identifying information—may
be made publicly available at any time. Diego, CA.
DeBeque and Carbondale, Colorado. The
BLM received 60,515 comments during While you can ask us in your comment FOR FURTHER INFORMATION CONTACT:
the formal comment period. The BLM to withhold your personal identifying Doug McPherson, Southern California
worked with cooperating agencies information from public review, we Area Office general telephone number
(including the Environmental Protection cannot guarantee that we will be able to 951–695–5310; or email dmcpherson@
Agency; USFS; the Colorado do so. usbr.gov.
Department of Natural Resources, Authority: 40 CFR 1506.6, 40 CFR 1506.10 SUPPLEMENTARY INFORMATION: This
including Colorado Parks and Wildlife; notice is provided pursuant to the
Ruth Welch,
Garfield, Mesa, Pitkin and Rio Blanco National Environmental Policy Act
BLM Colorado State Director.
counties; the Cities of Glenwood (NEPA) (42 U.S.C. 4332(2)(c)), and
Springs and Rifle, and the Towns of [FR Doc. 2016–18542 Filed 8–4–16; 8:45 am] Department of the Interior regulations
Carbondale, New Castle, Parachute and BILLING CODE 4310–JB–P for implementation of NEPA (43 CFR
Silt) to prepare the Final EIS. The BLM part 46).
also consulted with the U.S. Fish and
Wildlife Service (Service) informally DEPARTMENT OF THE INTERIOR North City Project
and through a Biological Assessment; The proposed project will expand the
Bureau of Reclamation existing North City Water Reclamation
the Service issued a consultation
memorandum on May 19, 2016, Plant and construct an adjacent
concurring with the BLM effects [RR03510000, XXXR0680R1, Advanced Water Purification Facility
determinations of ‘‘may affect, but is not RR171260120019400] with a purified water pipeline to
likely to adversely affect’’ for Ute Miramar Reservoir. A project alternative
Notice of Intent To Prepare an
ladies’-tresses orchid, Colorado hookless would install a longer pipeline to
Environmental Impact Report/
cactus and its critical habitat, Western deliver product water to the larger San
Environmental Impact Statement for
yellow-billed cuckoo, Green-lineage Vicente reservoir.
mstockstill on DSK3G9T082PROD with NOTICES
the Pure Water San Diego Program,
cutthroat trout, Colorado pikeminnow Other project components include: A
North City Project, San Diego County,
and its critical habitat, Razorback sucker new pump station and forcemain to
California
and its critical habitat, Humpback chub deliver additional wastewater to the
and its critical habitat, Bonytail and its AGENCY: Bureau of Reclamation, North City Water Reclamation Plant, a
critical habitat, and Canada lynx. In Interior. brine discharge pipeline, and upgrades
addition, the BLM notified the Colorado to the existing Metropolitan Biosolids
ACTION: Notice.
State Historic Preservation Office Center to accommodate additional
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Document Created: 2016-08-05 06:44:01
Document Modified: 2016-08-05 06:44:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The BLM will not issue a final decision on the proposal for a minimum of 30 days after the date that the Environmental Protection Agency publishes its Notice of Availability in the Federal Register. | |
| Contact | Greg Larson, Project Manager, at the | |
| FR Citation | 81 FR 51936 |
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