83 FR 61165 - Notice of Intent for the Potential Amendment to the Approved Resource Management Plan for the Buffalo Field Office, Wyoming, and To Prepare an Associated Supplemental Environmental Impact Statement
DEPARTMENT OF THE INTERIOR
Bureau of Land Management Federal Register Volume 83, Issue 229 (November 28, 2018)
Bureau of Land Management
Federal Register Volume 83, Issue 229 (November 28, 2018)
| Page Range | 61165-61166 | |
| FR Document | 2018-25845 |
[Federal Register Volume 83, Number 229 (Wednesday, November 28, 2018)] [Notices] [Pages 61165-61166] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25845] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [L11100000 DS0000 LXSS036E0000 LLWY1610000] Notice of Intent for the Potential Amendment to the Approved Resource Management Plan for the Buffalo Field Office, Wyoming, and To Prepare an Associated Supplemental Environmental Impact Statement AGENCY: Bureau of Land Management, Interior. ACTION: Notice of intent. ----------------------------------------------------------------------- SUMMARY: In accordance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) Wyoming Buffalo Field Office intends to prepare a Supplemental Environmental Impact Statement (EIS) and potential amendment for the 2015 Buffalo Field Office Approved Resource Management Plan (RMP). The Supplemental EIS is in response to a United States District Court, District of Montana, opinion and order (Western Organization of Resource Councils, et al vs BLM). This notice announces the beginning of the scoping process to solicit public comments and identify issues presented in the opinion and order. DATES: To ensure that we can adequately consider all comments, the [[Page 61166]] BLM must receive written comments by December 28, 2018. The BLM will announce a public scoping meeting during this period through local news media, newsletters, our ePlanning website, and the BLM website (http://www.blm.gov/wyoming) at least 15 days prior to the meeting. The BLM will provide additional opportunities for public participation upon publication of the Draft Supplemental EIS. ADDRESSES: You may submit comments on issues, planning criteria, and resource information by any of the following methods:Website: http://go.usa.gov/x9PT8. Mail: Buffalo RMP SEIS, Attn: Thomas Bills, Project Manager, BLM Buffalo Field Office, 1425 Fort Street, Buffalo, WY 82834. FOR FURTHER INFORMATION CONTACT: Thomas (Tom) Bills, RMP Supplemental EIS Project Manager; Telephone 307-684-1133; or at the above mailing address or website. 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, 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 is preparing this Supplemental EIS in response to a United States District Court of Montana opinion and order (Western Organization of Resource Councils, et al. v. BLM; CV 16- 21-GF-BMM; 3/26/2018 and 7/31/2018). In September 2015, the BLM approved the Record of Decision for Approved RMPs and Amendments in the Rocky Mountain Region, which included Wyoming's Buffalo Field Office. The 2015 Buffalo Approved RMP provides a single, comprehensive land use plan that guides management of BLM-administered lands and minerals in the Buffalo Field Office. The plan provides goals, objectives, land use allocations, and management direction for the BLM-administered surface and mineral estate based on the BLM's multiple use and sustained yield mission, unless otherwise specified by law (FLPMA Sec. 102(c), 43 U.S.C. 1701 et seq.). The Buffalo Field Office manages approximately 800,000 acres of surface land and 4.7 million acres of mineral estate in Campbell, Johnson, and Sheridan counties in north-central Wyoming. On March 26, 2018, the U.S. District Court concluded: (1) NEPA requires the BLM to consider an alternative that would decrease the amount of coal potentially available for leasing, which requires updated coal screening that considers climate change impacts to assess the amount of recoverable coal available in the Approved RMP; (2) the BLM must supplement the Buffalo Final EIS with an analysis of the environmental consequences of downstream combustion of federal coal, oil, and gas open to development under the RMP; and (3) The BLM must provide additional justification and analysis of global warming potential over an appropriate planning period consistent with evolving science. The purpose of this public scoping process is to solicit public input that will influence the scope of the Buffalo Supplemental EIS with respect to the U.S. District Court's determinations. There are currently 13 operating coal mines in the planning area. All are in Campbell County (part of the Antelope Mine is in Converse County). There are presently two proposed mining operations on existing Federal coal leases or on privately owned coal in the planning area. One of these proposed mining operations is located in Sheridan County. All of the existing or proposed mining operations are surface coal mines, using truck/shovel or dragline mining methods. The 2015 Buffalo RMP relied on coal screening completed during a 2001 RMP update. The 2001 screening reviewed 567,200 acres in two areas identified as acceptable for potential coal leasing in the Buffalo Field Office (494,000 acres in Campbell County and 73,200 acres in Sheridan County), containing an estimated 50.25 billion tons of coal. Based on the update, the BLM determined that 63,600 acres containing more than 6.2 billion tons of coal are unsuitable for surface coal mining operations, while the remainder of the coal lands in these areas remains available for further consideration for coal leasing. The BLM completed and documented surface owner consultation. The BLM estimates about 26 billion tons of coal would be developed under the Approved RMP in the areas made available for coal leasing under the 2001 coal screening. Since 1985, about 10.8 billion tons of coal within the planning area either were leased or are under consideration for leasing. The BLM has projected that the areas it screened and deemed acceptable for leasing will meet the anticipated demand for coal reserves. The BLM determined a new coal screening is not necessary in the Buffalo Field Office because no new lands have been nominated for analysis since the previous screenings, but BLM Wyoming will analyze the downstream impacts of developing federal minerals. Call for Coal and Other Resource Information The BLM requests that industry, state and local governments, and the public provide relevant coal resource data that can help inform this planning effort. Specifically, the BLM requests information on the development potential (e.g., location, quality, and quantity) of BLM- administered coal mineral estate, and on surface resource values related to multiple use conflicts. The purpose of this request is to ensure BLM Wyoming has sufficient information and data to consider a reasonable range of resource uses, management options, and alternatives for managing BLM-administered coal mineral estate. The BLM will use this information to complete the Supplemental EIS and formulate alternatives that identify areas acceptable for further leasing consideration. Proprietary data marked as confidential may be submitted in response to this call for coal and other resource information. Please submit all proprietary information to the Buffalo Field Manager at the address listed above. The BLM will treat submissions marked as ``Confidential'' in accordance with the laws and regulations governing the confidentiality of such information. 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, the BLM cannot guarantee that it will be able to do so. Authority: 43 CFR 1610.2(c) and 3420.1-2. Dated: November 16, 2018. Mary Jo Rugwell, State Director. [FR Doc. 2018-25845 Filed 11-27-18; 8:45 am] BILLING CODE 4310-22-P
![Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Notices 61165
Department of the Interior’s analysis from the preamble to the retains authority to take any necessary
(Department) leasing regulations at 25 surface leasing regulations, 77 FR at actions to remedy violations of a lease
CFR part 162 and provide for an 72,447–48, as supplemented by the or of the Tribal regulations, including
environmental review process that analysis below. terminating the lease or rescinding
meets requirements set forth in the The strong Federal and Tribal approval of the Tribal regulations and
HEARTH Act. This notice announces interests against State and local taxation reassuming lease approval
that the Secretary, through the Assistant of improvements, leaseholds, and responsibilities. Moreover, the Secretary
Secretary—Indian Affairs, has approved activities on land leased under the continues to review, approve, and
the Tribal regulations for the Quinault Department’s leasing regulations apply monitor individual Indian land leases
Indian Nation. equally to improvements, leaseholds, and other types of leases not covered
and activities on land leased pursuant to under the Tribal regulations according
II. Federal Preemption of State and Tribal leasing regulations approved
Local Taxes to the Part 162 regulations.
under the HEARTH Act. Congress’s Accordingly, the Federal and Tribal
The Department’s regulations overarching intent was to ‘‘allow Tribes interests weigh heavily in favor of
governing the surface leasing of trust to exercise greater control over their preemption of State and local taxes on
and restricted Indian lands specify that, own land, support self-determination, lease-related activities and interests,
subject to applicable Federal law, and eliminate bureaucratic delays that regardless of whether the lease is
permanent improvements on leased stand in the way of homeownership and governed by Tribal leasing regulations
land, leasehold or possessory interests, economic development in Tribal or Part 162. Improvements, activities,
and activities under the lease are not communities.’’ 158 Cong. Rec. H. 2682 and leasehold or possessory interests
subject to State and local taxation and (May 15, 2012). The HEARTH Act was may be subject to taxation by the
may be subject to taxation by the Indian intended to afford Tribes ‘‘flexibility to Quinault Indian Nation.
Tribe with jurisdiction. See 25 CFR adapt lease terms to suit [their] business
162.017. As explained further in the and cultural needs’’ and to ‘‘enable Dated: October 31, 2018.
preamble to the final regulations, the [Tribes] to approve leases quickly and Tara Sweeney,
Federal government has a strong interest efficiently.’’ Id. at 5–6. Assistant Secretary—Indian Affairs.
in promoting economic development, Assessment of State and local taxes [FR Doc. 2018–25942 Filed 11–27–18; 8:45 am]
self-determination, and Tribal would obstruct these express Federal BILLING CODE 4337–15–P
sovereignty. 77 FR 72,440, 72,447–48 policies supporting Tribal economic
(December 5, 2012). The principles development and self-determination,
supporting the Federal preemption of and also threaten substantial Tribal DEPARTMENT OF THE INTERIOR
State law in the field of Indian leasing interests in effective Tribal government,
and the taxation of lease-related economic self-sufficiency, and territorial Bureau of Land Management
interests and activities applies with autonomy. See Michigan v. Bay Mills [L11100000 DS0000 LXSS036E0000
equal force to leases entered into under Indian Community, 134 S. Ct. 2024, LLWY1610000]
Tribal leasing regulations approved by 2043 (2014) (Sotomayor, J., concurring)
the Federal government pursuant to the (determining that ‘‘[a] key goal of the Notice of Intent for the Potential
HEARTH Act. Federal Government is to render Tribes Amendment to the Approved Resource
Section 5 of the Indian Reorganization more self-sufficient, and better Management Plan for the Buffalo Field
Act, 25 U.S.C. 5108, preempts State and positioned to fund their own sovereign Office, Wyoming, and To Prepare an
local taxation of permanent functions, rather than relying on Federal Associated Supplemental
improvements on trust land. funding’’). The additional costs of State Environmental Impact Statement
Confederated Tribes of the Chehalis and local taxation have a chilling effect
Reservation v. Thurston County, 724 on potential lessees, as well as on a AGENCY: Bureau of Land Management,
F.3d 1153, 1157 (9th Cir. 2013) (citing Tribe that, as a result, might refrain from Interior.
Mescalero Apache Tribe v. Jones, 411 exercising its own sovereign right to ACTION: Notice of intent.
U.S. 145 (1973)). Similarly, section 5108 impose a Tribal tax to support its
preempts State taxation of rent infrastructure needs. See id. at 2043–44 SUMMARY: In accordance with the
payments by a lessee for leased trust (finding that State and local taxes National Environmental Policy Act of
lands, because ‘‘tax on the payment of greatly discourage Tribes from raising 1969, as amended (NEPA), and the
rent is indistinguishable from an tax revenue from the same sources Federal Land Policy and Management
impermissible tax on the land.’’ See because the imposition of double Act of 1976, as amended (FLPMA), the
Seminole Tribe of Florida v. Stranburg, taxation would impede Tribal economic Bureau of Land Management (BLM)
No. 14–14524, *13–*17, n.8 (11th Cir. growth). Wyoming Buffalo Field Office intends to
2015). In addition, as explained in the Similar to BIA’s surface leasing prepare a Supplemental Environmental
preamble to the revised leasing regulations, Tribal regulations under the Impact Statement (EIS) and potential
regulations at 25 CFR part 162, Federal HEARTH Act pervasively cover all amendment for the 2015 Buffalo Field
courts have applied a balancing test to aspects of leasing. See 25 U.S.C. Office Approved Resource Management
determine whether State and local 415(h)(3)(B)(i) (requiring Tribal Plan (RMP). The Supplemental EIS is in
taxation of non-Indians on the regulations be consistent with BIA response to a United States District
reservation is preempted. White surface leasing regulations). Court, District of Montana, opinion and
Mountain Apache Tribe v. Bracker, 448 Furthermore, the Federal government order (Western Organization of Resource
U.S. 136, 143 (1980). The Bracker remains involved in the Tribal land Councils, et al vs BLM). This notice
balancing test, which is conducted leasing process by approving the Tribal announces the beginning of the scoping
against a backdrop of ‘‘traditional leasing regulations in the first instance process to solicit public comments and
notions of Indian self-government,’’ and providing technical assistance, identify issues presented in the opinion
requires a particularized examination of upon request by a Tribe, for the and order.
the relevant State, Federal, and Tribal development of an environmental DATES: To ensure that we can
interests. We hereby adopt the Bracker review process. The Secretary also adequately consider all comments, the
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![61166 Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Notices
BLM must receive written comments by would decrease the amount of coal will analyze the downstream impacts of
December 28, 2018. The BLM will potentially available for leasing, which developing federal minerals.
announce a public scoping meeting requires updated coal screening that
during this period through local news considers climate change impacts to Call for Coal and Other Resource
media, newsletters, our ePlanning assess the amount of recoverable coal Information
website, and the BLM website (http:// available in the Approved RMP; (2) the The BLM requests that industry, state
www.blm.gov/wyoming) at least 15 days BLM must supplement the Buffalo Final
and local governments, and the public
prior to the meeting. The BLM will EIS with an analysis of the
provide relevant coal resource data that
provide additional opportunities for environmental consequences of
downstream combustion of federal coal, can help inform this planning effort.
public participation upon publication of
oil, and gas open to development under Specifically, the BLM requests
the Draft Supplemental EIS.
the RMP; and (3) The BLM must provide information on the development
ADDRESSES: You may submit comments
additional justification and analysis of potential (e.g., location, quality, and
on issues, planning criteria, and
global warming potential over an quantity) of BLM-administered coal
resource information by any of the
following methods: appropriate planning period consistent mineral estate, and on surface resource
• Website: http://go.usa.gov/x9PT8. with evolving science. The purpose of values related to multiple use conflicts.
• Mail: Buffalo RMP SEIS, Attn: this public scoping process is to solicit The purpose of this request is to
Thomas Bills, Project Manager, BLM public input that will influence the ensure BLM Wyoming has sufficient
Buffalo Field Office, 1425 Fort Street, scope of the Buffalo Supplemental EIS information and data to consider a
Buffalo, WY 82834. with respect to the U.S. District Court’s reasonable range of resource uses,
FOR FURTHER INFORMATION CONTACT: determinations. management options, and alternatives
Thomas (Tom) Bills, RMP Supplemental There are currently 13 operating coal
mines in the planning area. All are in for managing BLM-administered coal
EIS Project Manager; Telephone 307– mineral estate. The BLM will use this
Campbell County (part of the Antelope
684–1133; or at the above mailing information to complete the
Mine is in Converse County). There are
address or website. Persons who use a Supplemental EIS and formulate
presently two proposed mining
telecommunications device for the deaf alternatives that identify areas
operations on existing Federal coal
(TDD) may call the Federal Relay acceptable for further leasing
leases or on privately owned coal in the
Service (FRS) at 1–800–877–8339 to consideration.
planning area. One of these proposed
contact the above individual during
mining operations is located in Proprietary data marked as
normal business hours. The FRS is
Sheridan County. All of the existing or confidential may be submitted in
available 24 hours a day, seven days a
proposed mining operations are surface response to this call for coal and other
week, to leave a message or question coal mines, using truck/shovel or
with the above individual. You will resource information. Please submit all
dragline mining methods. proprietary information to the Buffalo
receive a reply during normal business The 2015 Buffalo RMP relied on coal
hours. Field Manager at the address listed
screening completed during a 2001 RMP
SUPPLEMENTARY INFORMATION: The BLM update. The 2001 screening reviewed above. The BLM will treat submissions
is preparing this Supplemental EIS in 567,200 acres in two areas identified as marked as ‘‘Confidential’’ in accordance
response to a United States District acceptable for potential coal leasing in with the laws and regulations governing
Court of Montana opinion and order the Buffalo Field Office (494,000 acres the confidentiality of such information.
(Western Organization of Resource in Campbell County and 73,200 acres in Before including your address, phone
Councils, et al. v. BLM; CV 16–21–GF– Sheridan County), containing an number, email address, or other
BMM; 3/26/2018 and 7/31/2018). estimated 50.25 billion tons of coal. personal identifying information in your
In September 2015, the BLM Based on the update, the BLM comment, you should be aware that
approved the Record of Decision for determined that 63,600 acres containing your entire comment—including your
Approved RMPs and Amendments in more than 6.2 billion tons of coal are personal identifying information—may
the Rocky Mountain Region, which unsuitable for surface coal mining be made publicly available at any time.
included Wyoming’s Buffalo Field operations, while the remainder of the While you can ask us in your comment
Office. The 2015 Buffalo Approved RMP coal lands in these areas remains
provides a single, comprehensive land to withhold your personal identifying
available for further consideration for
use plan that guides management of information from public review, the
coal leasing. The BLM completed and
BLM-administered lands and minerals documented surface owner BLM cannot guarantee that it will be
in the Buffalo Field Office. The plan consultation. The BLM estimates about able to do so.
provides goals, objectives, land use 26 billion tons of coal would be Authority: 43 CFR 1610.2(c) and 3420.1–2.
allocations, and management direction developed under the Approved RMP in Dated: November 16, 2018.
for the BLM-administered surface and the areas made available for coal leasing
mineral estate based on the BLM’s Mary Jo Rugwell,
under the 2001 coal screening. Since
multiple use and sustained yield 1985, about 10.8 billion tons of coal State Director.
mission, unless otherwise specified by within the planning area either were [FR Doc. 2018–25845 Filed 11–27–18; 8:45 am]
law (FLPMA Sec. 102(c), 43 U.S.C. 1701 leased or are under consideration for BILLING CODE 4310–22–P
et seq.). The Buffalo Field Office leasing. The BLM has projected that the
manages approximately 800,000 acres of areas it screened and deemed acceptable
surface land and 4.7 million acres of for leasing will meet the anticipated
mineral estate in Campbell, Johnson, demand for coal reserves. The BLM
and Sheridan counties in north-central determined a new coal screening is not
Wyoming. necessary in the Buffalo Field Office
On March 26, 2018, the U.S. District because no new lands have been
Court concluded: (1) NEPA requires the nominated for analysis since the
BLM to consider an alternative that previous screenings, but BLM Wyoming
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Document Created: 2018-11-27 23:48:29
Document Modified: 2018-11-27 23:48:29
| 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 of intent. | |
| Dates | To ensure that we can adequately consider all comments, the BLM must receive written comments by December 28, 2018. The BLM will announce a public scoping meeting during this period through local news media, newsletters, our ePlanning website, and the BLM website (http:// www.blm.gov/wyoming) at least 15 days prior to the meeting. The BLM will provide additional opportunities for public participation upon publication of the Draft Supplemental EIS. | |
| Contact | Thomas (Tom) Bills, RMP Supplemental EIS Project Manager; Telephone 307-684-1133; or at the above mailing | |
| FR Citation | 83 FR 61165 |
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