SUPPLEMENTARY INFORMATION:

The BLM and the Tribe are preparing this Programmatic EIS for the purpose of planning for and evaluating impacts associated with Federal approval of on-lease oil and gas exploration and production operations on lands and minerals held in trust for the Tribe within an approximately 108,000-acre planning area located within the boundaries of the Southern Ute Indian Reservation in southwestern Colorado. The planning area encompasses 108,000 surface acres containing approximately: 64,000 mineral acres held in trust for the Tribe; 42,000 mineral acres of fee minerals; and 2,000 mineral acres held in trust for individual Indian allottees. All the Tribal trust minerals within the planning area are subject to existing oil and gas leases granted pursuant to the Indian Mineral Leasing Act of 1938, 25 U.S.C. 396a-396g and the Indian Mineral Development Act of 1982, 25 U.S.C. 2101-2108.

Purpose and Need for the Proposed Action

The purpose of the Proposed Action is to provide for the development of oil and gas minerals held in trust by the United States for the benefit of the Tribe, in an orderly, efficient, economical, and environmentally acceptable manner. Federal action is needed because the BLM is responsible for reviewing and approving exploration and production operations for the development of leased Tribal trust minerals within the Southern Ute Indian Reservation, and, in exercising these responsibilities, must ensure that proposed development is in the best interest of the Tribe, consistent with the Federal trust obligation to the Tribe, and in accordance with applicable laws, including NEPA, the Indian Mineral Leasing Act of 1938, 25 U.S.C. 396a-396g, the Indian Mineral Development Act of 1982, 25 U.S.C. 2101-2108, and the Federal Oil and Gas Royalty Management Act, 30 U.S.C. 1701 et seq. After NEPA compliance and authorizations, the Proposed Action will facilitate efficient exploration, development, and production operations on Tribal trust minerals within the planning area.

Preliminary Proposed Action and Alternatives

As of the publication date of this Notice of Intent, the BLM and the Tribe are considering two alternatives, a No Action Alternative and a Proposed Action Alternative, known as the Trust Resources Planning Alternative.

The No Action Alternative represents the continuation of current oil and gas management actions and conditions of approval consistent with existing environmental analyses, policies, and practices. The No Action Alternative would maintain the status quo under a business-as-usual approach.

The Proposed Action or Trust Resources Planning Alternative would modify existing management by establishing goals and objectives for the development of Tribal trust minerals within the planning area over time, including goals and objectives providing for the orderly, efficient, and economic development of the trust mineral resource, and mitigation measures for the protection of environmental, cultural, and other resources that may ( printed page 56899) be affected by the development activities. In addition, the Trust Resources Planning Alternative would establish thresholds needed to achieve these goals and objectives, including, for example, conditions of approval and design requirements that may be attached to future development authorizations.

The BLM welcomes comments on all preliminary alternatives, as well as suggestions for additional alternatives.

Summary of Expected Impacts

The BLM and the Tribe currently anticipate an increase in exploration and development of Tribal trust minerals within the Mancos Shale formation within the planning area. The environmental effects associated with this exploration and development may include, among other effects, impacts to air quality; water quality/quantity; traffic; vegetation; fish and wildlife; cultural, historic, and archaeological resources; noise, light, and visual resources; and economic resources. These potential impacts will be analyzed in the Programmatic EIS.

Anticipated Permits and Authorizations

The BLM and the Tribe do not anticipate that any site-specific approvals or ground-disturbing authorizations will be granted as part of this agency action. Rather, it is anticipated that the BLM and the Tribe will establish goals and objectives in the best interests of the Tribe for the management of Tribal trust minerals within the planning area, as well as measures needed to achieve those goals and objectives. The Federal agency actions under consideration concern the use of Tribal trust property, not Federal public lands or minerals; no Federal public lands or minerals not held in trust are located within the planning area.

Schedule for the Decision-Making Process

The Final Programmatic EIS and Record of Decision are expected on or prior to June 2028. This Programmatic EIS is subject to the deadlines set forth at 42 U.S.C. 4336a(g)(1)(A).

Public Scoping Process

This notice of intent initiates the scoping period. The Tribe and the BLM will be holding an in-person scoping meeting on September 24, 2026, from 6 p.m. to 8:30 p.m. Mountain Time, at the Sky Ute Casino, at 14324 US Highway 172 North, Ignacio, Colorado 81301, from 6 p.m. to 8:30 p.m. The Tribe and the BLM will also accept written scoping comments.

Responsible Official

The BLM Colorado Southwest District Manager is the deciding official for the BLM. The Southern Ute Indian Tribe is a joint lead agency pursuant to 42 U.S.C. 4336a(a)(1)(B). The Tribal representatives will be the deciding officials for the Southern Ute Indian Tribe.

Nature of Decision To Be Made

The BLM and the Tribe intend to establish goals and objectives in the best interests of the Tribe for the management of Tribal trust minerals within the planning area, and measures intended to support and achieve those goals and objectives.

Additional Information

The BLM will utilize and coordinate the NEPA process to help support compliance with applicable procedural requirements under the Endangered Species Act (16 U.S.C. 1536) and section 106 of the National Historic Preservation Act (54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3), including public involvement requirements of section 106. The information about historic and cultural resources and threatened and endangered species within the area potentially affected by the proposed project will assist the BLM in identifying and evaluating impacts to such resources.

The BLM will consult with Indian Tribal Nations on a government-to-government basis in accordance with Executive Order 13175, BLM Manual Section 1780, and other Departmental policies. Tribal concerns, including impacts on Indian trust assets and potential impacts to cultural resources, will be given due consideration. Federal, State, and local agencies, along with Indian Tribal Nations and other stakeholders that may be interested in or affected by the proposed planning decisions for oil and gas operations that the BLM is evaluating, are invited to participate in the scoping process and, if eligible, may request or be requested by the BLM to participate in the development of the environmental analysis as a Cooperating Agency.

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: 43 CFR 1610.2.)

91 FR 56898