81 FR 86338 - Notice of Availability of the Record of Decision for the Previously Issued Oil and Gas Leases in the White River National Forest, CO
DEPARTMENT OF THE INTERIOR
Bureau of Land Management Federal Register Volume 81, Issue 230 (November 30, 2016)
Bureau of Land Management
Federal Register Volume 81, Issue 230 (November 30, 2016)
| Page Range | 86338-86340 | |
| FR Document | 2016-28807 |
[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)] [Notices] [Pages 86338-86340] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28807] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCON04000 L16100000.DP0000-16X] Notice of Availability of the Record of Decision for the Previously Issued Oil and Gas Leases in the White River National Forest, CO AGENCY: Bureau of Land Management, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Bureau of Land Management (BLM) has prepared a Record of Decision (ROD) based on the analysis in the ``Previously Issued Oil and Gas Leases in the White River National Forest Final Environmental Impact Statement (EIS).'' That EIS addressed the treatment of 65 previously issued oil and gas leases on lands within the White River National Forest (WRNF). By this notice the BLM is announcing the availability of the ROD. On November 17, 2016, the BLM Colorado State Director signed and the Deputy Secretary of the Department of the Interior approved the ROD. ADDRESSES: Copies of the ROD are available for public inspection at the BLM Colorado River Valley Field Office, 2300 River Frontage Road, Silt, CO 81652. Interested persons may also review the ROD on the project Web site [[Page 86339]] at https://eplanning.blm.gov/epl-front-office/eplanning/nepa/nepa_register.do. 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 Relay Service (FRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FRS is available 24 hours a day, 7 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 has developed the Previously Issued Oil and Gas Leases in the White River National Forest EIS (Previously Issued Leases in the WRNF EIS) to address a National Environmental Policy Act (NEPA) deficiency identified by the Interior Board of Land Appeals (IBLA) related to the issuance of oil and gas leases on WRNF lands between the years of 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 its own NEPA analysis (Board of Commissioners of Pitkin County, 173 IBLA 173 (2007)). The BLM canceled the three leases at issue in that case and identified 65 additional leases with effective dates ranging from 1995 to 2012 that the BLM had leased without either adopting applicable USFS NEPA, or 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 and put forth in the USFS's 1993 Oil and Gas Leasing EIS and ROD. The USFS then adopted its 1993 Oil and Gas Leasing EIS in its 2002 White River National Forest Land and Resource Management Plan. While the BLM obtained USFS consent before offering and subsequently issuing the 65 leases at issue, 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 reaffirm, modify, or cancel those leases. As part of that determination, the BLM determined that the available USFS NEPA analysis relevant to the 65 leases was no longer adequate due to changes in laws, regulations, policies and conditions since that analysis was finalized in 1993. As a result, the BLM prepared the Previously Issued Leases in the WRNF EIS to determine whether these 65 leases should be cancelled, reaffirmed, or modified with additional or different terms. The ROD announced by this Notice is based on that EIS analysis. Distinct from this effort, the USFS recently updated its 1993 Oil and Gas Leasing EIS to address future oil and gas leasing availability on WRNF lands and issued a new EIS, the White River National Forest Oil and Gas Leasing Final Environmental Impact Statement (USFS WRNF Oil and Gas Leasing EIS), in December 2014. The USFS signed their Final ROD for this new EIS in December 2015. The recently issued USFS EIS and ROD are forward-looking and do not affect the 65 previously issued leases that the BLM is reexamining; however, the information generated as part of that process was relevant to the BLM's analysis. Therefore, as part of its process, the BLM has incorporated the new USFS analysis into its analysis of the previously issued leases, to the extent practicable. The BLM considered six alternatives in the Previously Issued Leases in the WRNF EIS, including a 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 USFS 1993 Oil and Gas Leasing EIS that 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 WRNF Oil and Gas Leasing Final EIS Proposed Action. Alternative 4 (BLM's Proposed Action) would modify or cancel the 65 leases to match the stipulations and availability decision in the USFS ROD. In areas the USFS identified as open to future leasing, stipulations would be modified to track those found in the most recent USFS decision and all or part of 25 existing leases in areas identified as closed would be cancelled. Alternative 5 would cancel all 65 leases. For purposes of the BLM's Previously Issued Oil and Gas Leases in the WRNF Final EIS, the BLM identified a combination of Alternatives 2 and 4 as its Preferred Alternative. Under this Preferred Alternative, the BLM would cancel in their entirety 25 leases that are not producing or committed to a unit or communitization agreement, and which overlap with the area identified as closed to future leasing by the USFS Final ROD. The BLM would apply Alternative 4 stipulations (i.e., those that were identified in the 2015 USFS ROD) to 12 undeveloped (as of Final EIS publication) leases that are within parts of the WRNF identified as open to future leasing, including one expired lease under appeal. It would apply Alternative 2 stipulations to 27 leases that were producing or committed to a unit agreement or communitization agreement as of Final EIS publication, including four expired leases currently under appeal that had previously been part of the Willow Creek Unit. In addition, one expired lease not subject to appeal would receive no decision. As with Alternative 4, the lessee would have to either accept the new stipulations or have the lease cancelled. Cancellation would be accomplished through an administrative process and would require reimbursement of bonus bids and rental payments. The BLM released the Draft Previously Issued Leases in the WRNF EIS 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 Previously Issued Leases in the WRNF EIS. The BLM also consulted with the U.S. Fish and Wildlife Service (Service) informally and through a Biological Assessment. In response, 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 the following species: 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 [[Page 86340]] 2014 Protocol agreement between the BLM Colorado and the SHPO, this undertaking does not exceed any of the review thresholds requiring 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 tribes that may be affected by potential future development of these leases as stipulated under E.O. 13175, November 6, 2000. The BLM published the Notice of Availability of the Final Previously Issued Leases in the WRNF EIS in the Federal Register on August 5, 2016 (81 FR 51936). Publication of the Notice of Availability initiated a 30-day availability period. Even though there was no comment period on the Final EIS, the BLM received a number of comments, all of which were addressed in the ROD as appropriate. The BLM's ROD for the Previously Issued Leases in the WRNF EIS implements a slightly modified version of the Preferred Alternative, which combines portions of Alternatives 2 and 4. The decision applies stipulations described under Alternative 2 (including minor updates to reflect the 1993 USFS ROD stipulations) to all leases within the analysis area that are producing or committed to a unit or agreement. For those leases within the analysis area that are not producing or committed to a unit, Alternative 4 applies (canceling or modifying leases to match the 2015 USFS Final ROD) with one exception: The decision cancels in their entirety all undeveloped leases that overlap the area identified as closed to future leasing by the USFS's 2015 Final ROD. The difference between lease cancellations under Alternative 4 in the BLM's Previously Issued Leases in the WRNF EIS and this ROD is that seven leases having acres retained under Alternative 4 are cancelled in full under the ROD. There are no partial lease cancellations. On August 15, 2016, the Middleton Creek Unit was automatically contracted, retroactively effective August 20, 2015, according to Section 2(e) of the unit agreement and as per BLM regulation at 43 CFR 3186.1. As a result of the contraction, three leases (COC67147, COC70013, and COC70361) considered producing in the Final EIS are now considered undeveloped, and thus will be offered modified lease terms consistent with Alternative 4 of the Final EIS. Under the BLM's Previously Issued Oil and Gas Lease ROD, 25 undeveloped leases are administratively cancelled in full, 12 undeveloped leases remain open with new stipulations applied under Alternative 4 (with lessee consent), 20 producing or committed leases are reaffirmed or modified as described under Alternative 2, four expired leases currently under appeal that had previously been part of the Willow Creek Unit (held by production) would have Alternative 2 applied if the appeal is successful, and one expired lease subject to appeal would have Alternative 4 stipulations applied if it were reauthorized. No decision is made for three leases that have expired or terminated and are not subject to appeal. The BLM's Previously Issued Oil and Gas Lease ROD takes agency and public comments into account and best meets the BLM's mandate to protect important resources while allowing oil and gas development. For reaffirmed or modified leases, upon receiving an application to approve an action on the ground, the BLM will conduct site-specific analysis of impacts through the subsequent NEPA reviews and analyses that will be necessary before the BLM issues any permit or approval for oil and gas development. This decision is approved by the Deputy Secretary for the U.S. Department of the Interior; therefore it is not subject to administrative appeal (43 CFR 4.410(a)(3)). Authority: 40 CFR 1506.6, 40 CFR 1506.10. Gregory P. Shoop, BLM Colorado Associate State Director. [FR Doc. 2016-28807 Filed 11-29-16; 8:45 am] BILLING CODE 4310-JB-P
![86338 Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Notices
Introduction DEPARTMENT OF THE INTERIOR Final EIS meets all requirements of the
CEQ, DOI and BLM for preparation of an
In accordance with the Oil Pollution Bureau of Land Management EIS.
Act of 1990 (OPA), the National Oil and gas leasing on National Forest
[LLCON04000 L16100000.DP0000–16X]
Environmental Policy Act (NEPA), the System Lands is a collaborative process
Consent Decree, and the Final Notice of Availability of the Record of between the USFS and the BLM. The
Programmatic Damage Assessment Decision Adopting U.S. Forest USFS is responsible for making land
Restoration Plan and Final Service’s Final Environmental Impact availability decisions, while the BLM is
Programmatic Environmental Impact Statement for Oil and Gas Leasing on responsible for issuing and managing oil
Statement, the Federal and State natural Lands Administered by the White River and gas leases, as described in the
resource trustee agencies for the National Forest, CO Federal Onshore Oil and Gas Leasing
Louisiana Trustee Implementation Reform Act.
Group (Trustees) have prepared a Draft AGENCY: Bureau of Land Management, The BLM was a Cooperating Agency
Restoration Plan 1: Restoration of Interior. in the preparation of the USFS’s Final
Wetlands, Coastal, and Nearshore ACTION: Notice. EIS. Per 40 CFR 1506.3(c), the BLM
Habitats; Habitat Projects on Federally adopts the Final EIS without re-
SUMMARY: In accordance with the circulating, as the BLM has concluded
Managed Lands; and Birds (Draft National Environmental Policy Act of
Restoration Plan 1). Draft Restoration that its comments and suggestions were
1969 (NEPA), the Bureau of Land incorporated during the NEPA process.
Plan 1 describes and proposes Management (BLM) announces the
engineering and design activities for This decision is approved by the
availability of the Record of Decision Deputy Secretary of DOI; therefore, it is
restoration projects intended to (ROD) adopting the Final United States not subject to administrative appeal (43
continue the process of restoring natural Forest Service’s (USFS) ‘‘White River CFR 4.410(a)(3)).
resources and services injured or lost as National Forest Oil and Gas Leasing
a result of the Deepwater Horizon oil Final Environmental Impact Statement Authority: 40 CFR 1506.6, 40 CFR
1506.10.
spill, which occurred on or about April (EIS),’’ which identifies the lands
20, 2010, in the Gulf of Mexico. available for oil and gas leasing in the Ruth Welch,
White River National Forest, including BLM Colorado State Director.
Background stipulations to protect surface resources. [FR Doc. 2016–28806 Filed 11–29–16; 8:45 am]
For additional background ADDRESSES: Copies of the ROD are BILLING CODE 4310–JB–P
information, see our original Federal available for public inspection at the
Register notice, which opened the BLM Colorado River Valley Field Office,
comment period (November 1, 2016; 81 2300 River Frontage Road, Silt, CO DEPARTMENT OF THE INTERIOR
FR 75840). 81652. Interested persons may also
review the ROD on the project Web site Bureau of Land Management
Invitation To Comment at https://eplanning.blm.gov/epl-front-
office/eplanning/nepa/nepa_register.do. [LLCON04000 L16100000.DP0000–16X]
The Trustees seek public review and
FOR FURTHER INFORMATION CONTACT: Greg
comment on the proposed projects and Notice of Availability of the Record of
Larson, Project Manager, at the address
supporting analysis included in the Decision for the Previously Issued Oil
above, by telephone at 970–876–9000,
Draft Restoration Plan 1. Before and Gas Leases in the White River
or by email at glarson@blm.gov. Persons
including your address, phone number, National Forest, CO
who use a telecommunications device
email address, or other personal for the deaf (TDD) may call the Federal AGENCY: Bureau of Land Management,
identifying information in your Relay Service (FRS) at 1–800–877–8339 Interior.
comment, you should be aware that to contact the above individual during ACTION: Notice.
your entire comment, including your normal business hours. The FRS is
personal identifying information, may available 24 hours a day, seven days a SUMMARY: The Bureau of Land
be made publicly available at any time. week, to leave a message or question Management (BLM) has prepared a
Authority with the above individual. You will Record of Decision (ROD) based on the
receive a reply during normal business analysis in the ‘‘Previously Issued Oil
The authority of this action is the Oil hours. and Gas Leases in the White River
Pollution Act of 1990 (33 U.S.C. 2701 et SUPPLEMENTARY INFORMATION: The National Forest Final Environmental
seq.) and the implementing Natural BLM’s ROD formally adopts the USFS, Impact Statement (EIS).’’ That EIS
Resource Damage Assessment December 2014, White River National addressed the treatment of 65
regulations found at 15 CFR 990. Forest Oil and Gas Leasing Final EIS. previously issued oil and gas leases on
The Department of the Interior (DOI) lands within the White River National
Kevin D. Reynolds, and the BLM concur with the selection Forest (WRNF). By this notice the BLM
Department of the Interior Deepwater Horizon of a combination of Alternatives B and is announcing the availability of the
Case Manager. C as described in the USFS ROD ROD. On November 17, 2016, the BLM
[FR Doc. 2016–28675 Filed 11–29–16; 8:45 am] (December 3, 2015). As identified in 40 Colorado State Director signed and the
CFR 1506.3(a), ‘‘[a]n agency may adopt Deputy Secretary of the Department of
sradovich on DSK3GMQ082PROD with NOTICES
BILLING CODE 4310–55–P
a Federal draft or final . . . [EIS] or the Interior approved the ROD.
portion thereof provided that the ADDRESSES: Copies of the ROD are
statement or portion thereof meets the available for public inspection at the
standards for an adequate statement BLM Colorado River Valley Field Office,
under these [the Council on 2300 River Frontage Road, Silt, CO
Environmental Quality (CEQ)] 81652. Interested persons may also
regulations.’’ The BLM affirms that this review the ROD on the project Web site
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![86340 Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Notices
2014 Protocol agreement between the 2(e) of the unit agreement and as per SUMMARY: The Committee on Rules of
BLM Colorado and the SHPO, this BLM regulation at 43 CFR 3186.1. As a Practice and Procedure will hold a
undertaking does not exceed any of the result of the contraction, three leases meeting on January 3, 2017. The
review thresholds requiring SHPO (COC67147, COC70013, and COC70361) meeting will be open to public
concurrence, and that there will be no considered producing in the Final EIS observation but not participation. An
adverse effect to historic properties. are now considered undeveloped, and agenda and supporting materials will be
Finally, the BLM began tribal thus will be offered modified lease posted at least 7 days in advance of the
consultation for the project in April terms consistent with Alternative 4 of meeting at: http://www.uscourts.gov/
2014 when the field manager sent a the Final EIS. rules-policies/records-and-archives-
scoping letter via certified mail to the Under the BLM’s Previously Issued rules-committees/agenda-books.
Ute Indian Tribe (Uintah and Ouray Oil and Gas Lease ROD, 25 undeveloped DATES: January 3, 2017.
Reservation), Ute Mountain Ute Tribe, leases are administratively cancelled in TIME: 9:00 a.m.–5:00 p.m.
and Southern Ute Indian Tribe. full, 12 undeveloped leases remain open
Consultation and outreach continued ADDRESSES: Special Proceedings
with new stipulations applied under
through April 22, 2016, when the BLM Alternative 4 (with lessee consent), 20 Courtroom, U.S. District Court, 401
sent the tribes a letter that identified the producing or committed leases are Washington Street, Phoenix, Arizona
Preferred Alternative and summarized reaffirmed or modified as described 85003.
cultural resource records within the area under Alternative 2, four expired leases FOR FURTHER INFORMATION CONTACT:
of potential effect (including potential currently under appeal that had Rebecca A. Womeldorf, Rules
Traditional Cultural Properties). The previously been part of the Willow Committee Secretary, Rules Committee
letter also offered the opportunity for Creek Unit (held by production) would Support Office, Administrative Office of
comments or clarifications. The BLM have Alternative 2 applied if the appeal the United States Courts, Washington,
will continue to offer opportunities for is successful, and one expired lease DC 20544, telephone (202) 502–1820.
tribes that may be affected by potential subject to appeal would have Dated: November 23, 2016.
future development of these leases as Alternative 4 stipulations applied if it Rebecca A. Womeldorf,
stipulated under E.O. 13175, November were reauthorized. No decision is made
6, 2000. Rules Committee Secretary.
for three leases that have expired or
The BLM published the Notice of terminated and are not subject to
[FR Doc. 2016–28761 Filed 11–29–16; 8:45 am]
Availability of the Final Previously appeal. BILLING CODE 2210–55–P
Issued Leases in the WRNF EIS in the The BLM’s Previously Issued Oil and
Federal Register on August 5, 2016 (81 Gas Lease ROD takes agency and public
FR 51936). Publication of the Notice of comments into account and best meets DEPARTMENT OF JUSTICE
Availability initiated a 30-day the BLM’s mandate to protect important
availability period. Even though there Foreign Claims Settlement
resources while allowing oil and gas
was no comment period on the Final Commission
development. For reaffirmed or
EIS, the BLM received a number of modified leases, upon receiving an [F.C.S.C. Meeting and Hearing Notice No.
comments, all of which were addressed application to approve an action on the 10–16]
in the ROD as appropriate. ground, the BLM will conduct site-
The BLM’s ROD for the Previously Sunshine Act Meeting
specific analysis of impacts through the
Issued Leases in the WRNF EIS
subsequent NEPA reviews and analyses The Foreign Claims Settlement
implements a slightly modified version
that will be necessary before the BLM Commission, pursuant to its regulations
of the Preferred Alternative, which
issues any permit or approval for oil and (45 CFR part 503.25) and the
combines portions of Alternatives 2 and
gas development. Government in the Sunshine Act (5
4. The decision applies stipulations
described under Alternative 2 This decision is approved by the U.S.C. 552b), hereby gives notice in
(including minor updates to reflect the Deputy Secretary for the U.S. regard to the scheduling of open
1993 USFS ROD stipulations) to all Department of the Interior; therefore it meetings as follows:
leases within the analysis area that are is not subject to administrative appeal Wednesday, December 14, 2016: 10:00
producing or committed to a unit or (43 CFR 4.410(a)(3)). a.m.—Consolidated oral hearing on
agreement. For those leases within the Authority: 40 CFR 1506.6, 40 CFR Objection to Commission’s Proposed
analysis area that are not producing or 1506.10. Decisions in Claim Nos. LIB–III–036,
committed to a unit, Alternative 4 LIB–III–037, LIB–III–038, LIB–III–039,
Gregory P. Shoop,
applies (canceling or modifying leases LIB–III–040, LIB–III–041, LIB–III–042,
BLM Colorado Associate State Director.
to match the 2015 USFS Final ROD) LIB–III–043, LIB–III–044, LIB–III–045,
[FR Doc. 2016–28807 Filed 11–29–16; 8:45 am] LIB–III–046, LIB–III–047, LIB–III–048,
with one exception: The decision
cancels in their entirety all undeveloped BILLING CODE 4310–JB–P LIB–III–049, LIB–III–050, LIB–III–051,
leases that overlap the area identified as LIB–III–052, LIB–III–053, LIB–III–054,
closed to future leasing by the USFS’s LIB–III–055, LIB–III–056, LIB–III–057,
2015 Final ROD. The difference between JUDICIAL CONFERENCE OF THE LIB–III–058, LIB–III–059, LIB–III–060,
lease cancellations under Alternative 4 UNITED STATES LIB–III–061, LIB–III–062, LIB–III–063,
in the BLM’s Previously Issued Leases LIB–III–064, LIB–III–065, LIB–III–066,
Meeting of the Judicial Conference LIB–III–068, LIB–III–069, LIB–III–070,
sradovich on DSK3GMQ082PROD with NOTICES
in the WRNF EIS and this ROD is that
seven leases having acres retained under Committee on Rules of Practice and LIB–III–071, LIB–III–072, LIB–III–073,
Alternative 4 are cancelled in full under Procedure LIB–III–074, LIB–III–075, LIB–III–076,
the ROD. There are no partial lease AGENCY: Judicial Conference of the LIB–III–077, LIB–III–078, LIB–III–079,
cancellations. On August 15, 2016, the United States, Committee on Rules of LIB–III–080, LIB–III–081, LIB–III–082,
Middleton Creek Unit was automatically Practice and Procedure. LIB–III–083, LIB–III–084, LIB–III–086
contracted, retroactively effective and LIB–III–087.
ACTION: Notice of open meeting.
August 20, 2015, according to Section Status: Open.
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Document Created: 2016-11-30 02:17:45
Document Modified: 2016-11-30 02:17:45
| 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. | |
| Contact | Greg Larson, Project Manager, at the | |
| FR Citation | 81 FR 86338 |
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