Notice2023-14519

Notice of Intent To Prepare Resource Management Plans for the Newcastle Field Office, Wyoming, and Nebraska Planning Area and an Associated Environmental Impact Statement

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
July 11, 2023

Issuing agencies

Interior DepartmentLand Management Bureau

Abstract

In compliance 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 State Director intends to revise the Newcastle Field Office (NFO) and Nebraska Resource Management Plans (RMPs) and prepare an associated Environmental Impact Statement (EIS) and by this notice is announcing the beginning of the scoping period to solicit public comments and identify issues, providing the planning criteria for public review, and issuing a call for nominations for areas of critical environmental concern (ACECs). The RMP revision would replace the existing Newcastle and Nebraska RMPs.

Full Text

<html>
<head>
<title>Federal Register, Volume 88 Issue 131 (Tuesday, July 11, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Notices]
[Pages 44151-44153]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14519]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_WY_FRN_MO4500169700]


Notice of Intent To Prepare Resource Management Plans for the 
Newcastle Field Office, Wyoming, and Nebraska Planning Area and an 
Associated Environmental Impact Statement

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent.

-----------------------------------------------------------------------

SUMMARY: In compliance 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 State Director intends to revise the Newcastle Field Office 
(NFO) and Nebraska Resource Management Plans (RMPs) and prepare an 
associated Environmental Impact Statement (EIS) and by this notice is 
announcing the beginning of the scoping period to solicit public 
comments and identify issues, providing the planning criteria for 
public review, and issuing a call for nominations for areas of critical 
environmental concern (ACECs). The RMP revision would replace the 
existing Newcastle and Nebraska RMPs.

DATES: The BLM requests the public submit comments concerning the scope 
of the analysis, potential alternatives, and identification of relevant 
information, studies, and ACEC nominations by August 10, 2023. To 
afford the BLM the opportunity to consider issues and ACEC nominations 
raised by commenters to the Draft RMPs/EIS, please ensure your comments 
are received prior to the close of the 30-day scoping period or 15 days 
after the last public meeting, whichever is later.

ADDRESSES: You may submit comments on issues and planning criteria 
related to Newcastle and Nebraska RMPs and nominations of new ACECs by 
any of the following methods:

<bullet> Website: <a href="https://eplanning.blm.gov/eplanning-ui/project/2013064/510">https://eplanning.blm.gov/eplanning-ui/project/2013064/510</a>
<bullet> Email: <a href="/cdn-cgi/l/email-protection#ecaea0a1b3bbb5b3a2899b8f8d9f988089b3a2898e9e8d9f878db3bea1bcac8e8081c28b839a"><span class="__cf_email__" data-cfemail="347678796b636d6b7a51435755474058516b7a51564655475f556b667964745658591a535b42">[email&#160;protected]</span></a>
<bullet> Fax: (307) 261-7639
<bullet> Mail: BLM, High Plains District Office, 2987 Prospector Drive, 
Casper, WY 82604

    Documents pertinent to this proposal may be examined online at 
<a href="https://eplanning.blm.gov/eplanning-ui/project/2013064/510">https://eplanning.blm.gov/eplanning-ui/project/2013064/510</a> and at the 
Newcastle Field Office.

FOR FURTHER INFORMATION CONTACT: Kathleen T. Lacko, Project Manager, 
telephone (307) 261-7536; address BLM High Plains District Office, 2987 
Prospector Drive, Casper, WY 82604; email <a href="/cdn-cgi/l/email-protection#80ebf4ece1e3ebefc0e2ecedaee7eff6"><span class="__cf_email__" data-cfemail="375c435b56545c5877555b5a19505841">[email&#160;protected]</span></a>. Contact Ms. 
Lacko to have your name added to our mailing list. Individuals in the 
United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services for contacting Ms. Lacko. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: This document provides notice that the BLM 
intends to prepare two RMPs and an associated EIS for the Newcastle 
Field Office and Nebraska planning areas, announces the beginning of 
the scoping process, seeks public input on issues and planning 
criteria, and invites the public to nominate ACECs. The planning areas 
are located in Crook,

[[Page 44152]]

Weston, and Niobrara counties in Wyoming and all counties in Nebraska, 
encompassing approximately 287,900 acres of surface lands and 1,738,900 
acres of Federal mineral estate in Wyoming and approximately 5,100 
acres of surface lands and 223,900 acres of Federal mineral estate in 
Nebraska.

Purpose and Need for the RMPs

    The purpose of the Newcastle and Nebraska RMPs/EIS are to provide a 
comprehensive framework to guide management of BLM-administered surface 
land in the planning areas. The RMPs/EIS will incorporate new data, 
address land use issues and conflicts, and specify where and under what 
circumstances activities would be allowed on BLM-administered surface 
lands. The objectives, land use allocations, and management decisions 
will be based on the principles of multiple use and sustained yield, 
except where a tract of such public land has been dedicated to specific 
uses according to another provision of law. All management direction 
must meet the objectives of the BLM's multiple use management mandate 
and responsibilities under FLPMA Section 202(c) and (e) and is subject 
to valid existing rights.
    The NFO has determined updates are needed for the two RMPs it 
relies on to manage the public land and Federal mineral estate in the 
planning areas. Assessments of these plans showed they require updating 
to address new information and changes to resources and resource uses 
within the planning area since the BLM approved the NFO RMP in 2000 and 
completed the Nebraska RMP in 1992. The revised RMPs will replace the 
existing Newcastle RMP/Record of Decision (ROD) and Nebraska RMP/ROD.

Preliminary Alternatives

    The BLM has identified the four following preliminary alternatives 
for analysis in the EIS. Generally, these alternatives include:
    <bullet> Alternative A--No Action: Continue existing management 
under the existing Newcastle and Nebraska RMPs.
    <bullet> Alternative B--Resource Protection Emphasis: Emphasizes 
conservation, including ACEC designations.
    <bullet> Alternative C--Maximizes Resource Use: Emphasizes resource 
use and includes the fewest protected areas and restrictions to 
resource uses.
    <bullet> Alternative D--Balances Resource Protection and Use: 
Multiple use focus with prescriptive actions to allow protections with 
more flexibility. Balances conservation and resource use.
    The BLM welcomes comments on all preliminary alternatives as well 
as suggestions for additional alternatives.

Planning Criteria

    The planning criteria guide the planning effort and lay the 
groundwork for effects analysis by identifying the preliminary issues 
and their analytical frameworks. Preliminary issues for the planning 
areas have been identified by BLM personnel and from early engagement 
conducted for this planning effort with Federal, State, and local 
agencies; Tribes; and stakeholders. The BLM has identified the 
following preliminary issues for this planning effort's analysis: 
Minerals and energy development, vegetation management, fish and 
wildlife habitat, air quality, recreation, livestock grazing, lands and 
realty authorizations, land tenure adjustments, recreation, and special 
management areas, including ACEC nominations.
    The planning criteria are available for public review and comment 
at the ePlanning website (see ADDRESSES). Preliminary planning criteria 
identified include:
    <bullet> The plans will be completed in compliance with FLPMA and 
all other applicable laws.
    <bullet> The plans will recognize valid existing rights.
    <bullet> The planning process will include an EIS that will comply 
with NEPA.
    <bullet> The plans will establish new guidance and identify 
existing guidance upon which the BLM will rely in managing public lands 
within the NFO and Nebraska.
    <bullet> The planning process will include early coordination and 
Endangered Species Act consultation meetings with the U.S. Fish and 
Wildlife Service during the development of the plans.
    <bullet> The plans will recognize the States' responsibility for 
managing wildlife populations, including uses such as hunting and 
fishing, within the planning areas.
    <bullet> The planning process would involve Indian Tribal 
governments and Tribal leaders and would provide strategies for the 
protection of recognized traditional and cultural uses.
    <bullet> Decisions in the plans will strive to be consistent with 
the existing plans and policies of adjacent local, State, Tribal, and 
Federal agencies as long as those plans and policies are consistent 
with the purposes, policies, and programs of Federal law and 
regulations applicable to the public lands.

Summary of Expected Impacts

    The EIS will analyze impacts in the Newcastle and Nebraska planning 
areas using three alternatives and a no action alternative. There are 
no known significant impacts identified at this stage of the planning 
effort.

Schedule for the Decision-Making Process

    The BLM will provide additional opportunities for public 
participation consistent with the NEPA and land use planning processes, 
including a 90-day comment period on the Draft RMPs/EIS and a 
concurrent 30-day public protest period and a 60-day Governor's 
consistency review on the Proposed RMPs. The Draft RMPs/EIS are 
anticipated to be available for public review in December 2023 and the 
Proposed RMPs/Final EIS are anticipated to be available for public 
protest in September 2024, with Approved RMPs and a Record of Decision 
in December 2024.

Public Scoping Process

    This notice of intent initiates the scoping period and public 
review of the planning criteria, which guide the development and 
analysis of the Draft RMPs/EIS. A series of public meetings will be 
held in the planning areas. The BLM held a series of early engagement 
public meetings in May, 2023, and will hold one virtual public meeting 
during the scoping period. The specific date of the virtual scoping 
meeting will be announced at least 15 days in advance through local 
media, BLM Wyoming social media, ePlanning project page (see 
ADDRESSES), and the BLM website (see ADDRESSES).

ACECs

    The following ACEC is currently designated in the planning areas: 
Whoopup Canyon ACEC in Wyoming, consisting of approximately 1,440 
acres. Whoopup Canyon ACEC has rare and sensitive archaeological 
resources of religious and cultural concern to Native Americans for 
unique petroglyphs that date from the end of the Pleistocene era and 
overlap in time with the oldest Paleoindian sites in North America. The 
BLM will reevaluate existing the designated ACEC in the Draft RMPs/EIS 
to determine if relevant and important values still exist and analyze 
whether to retain its designation. During preplanning and early 
engagement, the BLM identified the Little Missouri Antelope Trap as an 
ACEC for consideration of designation, consisting of 9,500 acres, due 
to its rare and sensitive archaeological resources and religious and 
cultural values to Native American Tribes. The BLM may also propose an 
expansion to the existing

[[Page 44153]]

Whoopup Canyon ACEC, consisting of an additional 240 acres.
    This notice invites the public to nominate additional areas for 
ACEC consideration. To assist the BLM in evaluating nominations for 
consideration in the Draft RMPs/EIS, please provide supporting 
descriptive materials, maps, and evidence of the relevance and 
importance of resources or hazards by the close of the public comment 
period in order to facilitate timely evaluation (see DATES and 
ADDRESSES). The BLM has identified the anticipated issues related to 
the consideration of ACECs in the planning criteria.

Cooperating Agencies

    U.S. Fish and Wildlife Service; U.S. Environmental Protection 
Agency; Wyoming State Governor's Office; Wyoming Game and Fish 
Department; Wyoming Department of Agriculture; Wyoming Office of State 
Lands and Investments; Wyoming Department of Transportation; Wyoming 
Department of Environmental Quality; Wyoming Cultural Resources; 
Wyoming State Engineers Office; Wyoming State Parks, Historic Sites and 
Trails; Wyoming State Forestry; Wyoming State Geological Survey; 
Wyoming State Historic Preservation Office; Crook County Commissioner; 
Crook County Conservation District; Weston County Commissioner; Weston 
County Conservation District; Niobrara County Commissioner; Niobrara 
Conservation District; and Nebraska Oil and Gas Conservation 
Commission.

Responsible Official

    The Wyoming State Director is the deciding official for this 
planning effort.

Nature of Decision To Be Made

    The nature of the decision to be made will be the State Director's 
selection of land use planning decisions for managing BLM-administered 
lands under the principles of multiple use and sustained yield in a 
manner that best addresses the purpose and need.

Interdisciplinary Team

    The BLM will use an interdisciplinary approach to develop the plans 
to consider the variety of resource issues and concerns identified. 
Specialists with expertise in the following disciplines will be 
involved in this planning effort: Air Resources, Geology and Minerals, 
Petroleum Engineer, GIS Specialist, Soils, Water Resources, Vegetation 
(including Special Status Species), Wildlife (including Special Status 
Species), Cultural Resources, Paleontological Resources, Special 
Designations, Visual Resources, Wildland Fire Management, Renewable 
Energy, Travel Management & Recreation, Lands and Realty, Livestock 
Grazing, Tribal Interests, Public Safety, Socioeconomics, and 
Environmental Justice.

Additional Information

    The BLM will identify, analyze, and consider mitigation to address 
the reasonably foreseeable impacts to resources from the proposed plans 
and all analyzed reasonable alternatives and, in accordance with 40 CFR 
1502.14(e), include appropriate mitigation measures not already 
included in the proposed plans or alternatives. Mitigation may include 
avoidance, minimization, rectification, reduction or elimination over 
time, and compensation, and may be considered at multiple scales, 
including the landscape scale.
    The BLM will utilize and coordinate the NEPA and land use planning 
processes for this planning effort 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 plan 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 MS 1780, 
and other Departmental policies. The BLM will send invitations to 
potentially affected Tribal Nations prior to consultation meetings. The 
BLM will provide additional opportunities for government-to-government 
consultation during the NEPA process. 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 plans 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 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: 40 CFR 1501.9 and 43 CFR 1610.2)

Andrew S. Archuleta,
State Director.
[FR Doc. 2023-14519 Filed 7-10-23; 8:45 am]
BILLING CODE 4331-26-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Indexed from Federal Register on July 11, 2023.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.