Notice2023-28300
Ouachita National Forest, Scott and Sebastian Counties, Arkansas; Heavener Coal Leasing Project; 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
December 26, 2023
Issuing agencies
Agriculture DepartmentForest Service
Abstract
The USDA Forest Service (FS) is preparing an environmental impact statement (EIS) as the lead Federal agency with support from Federal cooperating agencies, the U.S. Department of Interior (DOI) Bureau of Land Management (BLM) and Office of Surface Mining Reclamation and Enforcement (OSMRE). The purpose of the analysis is to respond to a Federal coal Lease by Application (LBA) submitted to the BLM from the Emera Corporation on behalf of Ouro Mining Inc. The application seeks approval to access and recover Federal metallurgical coal resources from approximately 3,077 acres that underly lands on the Ouachita National Forest (ONF). No surface mining is proposed on National Forest System (NFS) lands. The FS and BLM have consent and leasing determinations to be made based in association with this EIS. The OSMRE does not have a decision to be made at this time but may tier to this analysis in the future.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 246 (Tuesday, December 26, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 88866-88869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28300]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Ouachita National Forest, Scott and Sebastian Counties, Arkansas;
Heavener Coal Leasing Project; Environmental Impact Statement
AGENCY: Forest Service, Agriculture (USDA).
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The USDA Forest Service (FS) is preparing an environmental
impact statement (EIS) as the lead Federal agency with support from
Federal cooperating agencies, the U.S. Department of Interior (DOI)
Bureau of Land Management (BLM) and Office of Surface Mining
Reclamation and Enforcement (OSMRE). The purpose of the analysis is to
respond to a Federal coal Lease by Application (LBA) submitted to the
BLM from the Emera
[[Page 88867]]
Corporation on behalf of Ouro Mining Inc. The application seeks
approval to access and recover Federal metallurgical coal resources
from approximately 3,077 acres that underly lands on the Ouachita
National Forest (ONF). No surface mining is proposed on National Forest
System (NFS) lands. The FS and BLM have consent and leasing
determinations to be made based in association with this EIS. The OSMRE
does not have a decision to be made at this time but may tier to this
analysis in the future.
DATES: Comments concerning the scope of the analysis for the EIS must
be received by January 25, 2024. The draft environmental impact
statement (DEIS) is expected in July 2024. The final EIS is expected to
be available for review in June 2025.
ADDRESSES: Documents pertinent to this proposal are available for
review on the project website at: <a href="https://www.fs.usda.gov/project/?project=64897">https://www.fs.usda.gov/project/?project=64897</a>.
Send electronic comments to: <a href="https://cara.fs2c.usda.gov/Public//CommentInput?Project=64897">https://cara.fs2c.usda.gov/Public//CommentInput?Project=64897</a>.
Send written comments to: Forest Supervisor, Heavener Project, P.O.
Box 1270, Hot Springs, AR 71902.
FOR FURTHER INFORMATION CONTACT: Contact FS Project Manager Michelle
Davalos via email at <a href="/cdn-cgi/l/email-protection#0a5947244c5924426f6b7c49656b665a7865604a7f796e6b246d657c"><span class="__cf_email__" data-cfemail="a1f2ec8fe7f28fe9c4c0d7e2cec0cdf1d3cecbe1d4d2c5c08fc6ced7">[email protected]</span></a> or by phone at 276-
220-1670. For the BLM, contact Robert Swithers, District Manager via
email at <a href="/cdn-cgi/l/email-protection#0e5d4320485d20466b6f784d616f625e7c61644e7b7d6a6f20696178"><span class="__cf_email__" data-cfemail="41120c6f07126f09242037022e202d11332e2b01343225206f262e37">[email protected]</span></a> or by phone at 601-919-4650.
Individuals who use telecommunication devices for the deaf (TDD) may
call the Federal Information Relay Service (FIRS) at 800-877-8339, 24
hours a day, every day of the year, including holidays.
SUPPLEMENTARY INFORMATION: On December 21, 2012, a Federal coal LBA was
submitted to the BLM Eastern States Office by Emera Corporation on
behalf of Ouro Mining, Inc. On March 7, 2014, the BLM accepted the
lease application. The application requests access to extract Federal
metallurgical coal resources under lands managed by the ONF on the
Poteau-Cold Springs Ranger District in Arkansas. The proposed lease
area is in T3N, R32W, Sections 8-11, 14, 15, 17-19 and T3N, R33W,
Section 13 in Scott and Sebastian Counties, Arkansas. The proposed
Federal lease area is located adjacent and directly to the north of
current coal leases held by Ouro Mining on private lands near Bates,
Arkansas. The Emera Corporation's application involves a mix of
reserved public domain lands and acquired lands on the ONF.
BLM is responsible for considering whether a coal lease would be
offered through the competitive bid process and what stipulations would
be required for surface resource protection. Because the lease would
involve minerals underlying the ONF, the FS administrative unit with
jurisdiction for managing surface resources, the BLM must have FS
consent prior to deciding whether to offer the lease for sale.
Purpose and Need for Action
The purpose of the project is to respond to the Federal coal LBA
submitted to the BLM Eastern States Office by Emera Corporation on
behalf of Ouro Mining Inc. to extract metallurgical coal from 3,077
acres beneath the ONF. Under the Mineral Leasing Act of 1920 (MLA), as
amended, 30 U.S.C. 181 et seq., and the Mineral Leasing Act for
Acquired Lands of 1947 (MLAAL), as amended, 30 U.S.C. 351 et seq. The
BLM is responsible for leasing Federal coal and regulation of the
development of that coal on approximately 570 million acres of the 700
million acres of mineral estate that is owned by the Federal
Government. This responsibility encompasses Federal mineral rights on
Federal lands and Federal mineral rights located under surface lands
with non-Federal ownership. Under the authority of the MLA and MLAAL,
the BLM administers leasing and monitors coal production.
Under the MLA, the BLM has responsibility for reviewing the Emera
Corporation application and determining if it will approve the
application and offer the lease for sale through a competitive bid
process. The BLM takes into consideration whether leasing the applied
for lands would be in the public interest (30 U.S.C. 181-287, 351-359;
43 CFR 3425.1 and 3472.1). The BLM regulations state the BLM must
reject an application if ``leasing of the land covered by the
application, environmental or other sufficient reasons, would be
contrary to the public interest'' (43 CFR 3425.1-8(a)(3)). Many, often
competing, interests must be considered in arriving at a public
interest determination, including, but not limited to, the applicant's
request; the environmental impacts; the economic benefit to the local,
state, and national economy; rights of qualified surface owners;
ensuring a fair return for the use of the public resources; and
conservation of the public resource (BLM Manual 3435). Further, because
the lease would involve minerals underlying the ONF, the BLM must have
FS consent prior to deciding whether to offer the lease for sale (43
CFR 3461.5). The ONF is an administrative unit of the FS and as such FS
has the jurisdiction for managing surface resources. FS will determine
whether to provide consent to the BLM under the applicable statutory
standards.
The 2005 Ouachita National Forest Revised Land and Resource
Management Plan (ONF Revised Forest Plan) does not address
metallurgical coal leasing. For this reason, the FS will determine
whether the proposed lease area on NFS lands is suitable for coal
leasing. A forest plan amendment that provides additional direction for
managing coal may be needed. If needed, the scope of the plan amendment
would be limited to the 3,077 acres proposed for Federal metallurgical
coal leasing. However, it would be programmatic in nature and plan
direction would apply to future projects (36 CFR 219.13(b)). As part of
its consent analysis, the Forest Service will consider, but not limit
it to, the unsuitability criteria that the BLM applies on its own lands
as outlined in 43 CFR 3461.5.
In association with the Federal coal lease application, the Forest
Service will respond to a special use permit application received from
Arkansas Valley Electric Cooperative to construct and operate
approximately 3.0 miles (out of 9 total miles) of 161kV transmission
powerline and 2.0 miles of associated new powerline access roads across
NFS lands on the ONF for the purpose of providing electricity to the
coal operation. The approximately 6.0 miles of powerline not on NFS
lands would be addressed in the EIS cumulative effects analysis.
Proposed Action
The FS will assess whether the proposed lease area on NFS lands is
suitable for coal leasing and if so, whether to consent to leasing
3,077 acres of Federal coal underlying the Ouachita National Forest as
described in the Emera Corporation application. As part of assessing
consent, the FS will develop lease stipulations that protect surface
resources. The stipulations will be included with any FS consent
decision to lease. The BLM would include these stipulations in the coal
lease.
Additionally, connected actions associated with the lease include
the:
<bullet> Construction, operation, and maintenance of a 161kV
powerline on 3.0 miles of NFS lands and the construction of
approximately 2.0 miles of powerline access roads.
<bullet> Issuance of a special use permit that authorizes a 100-
foot right of way (ROW) for the 161kV powerline.
[[Page 88868]]
Issuance of the permit would be contingent on the metallurgical coal
lease being sold, and the mining plan approved and permitted.
<bullet> If needed, a forest plan amendment that may add management
direction for the leasing of metallurgical coal on 3,077 acres.
Expected Impacts
Disclosure of potential adverse impacts to NFS lands includes
subsidence, which means the land surface is lowered as a result of
mining activities. Resources potentially affected include, but are not
limited to, vegetation, soil, and water. The EIS will address the
potential for impacts from increased carbon emissions. Whether
greenhouse gas emissions could approach significance over the life of
the project is unknown at this time. Construction and maintenance of
the electrical powerline and its associated roads would be designed to
comply with the ONF Revised Forest Plan; significant impacts to
vegetation, water, and soil resources are not expected.
Lead and Cooperating Agencies
The FS is the lead agency for the preparation and development of
the EIS. The BLM and OSMRE are cooperating agencies. The FS will
coordinate with BLM and OSMRE as cooperating agencies during
preparation of the EIS, during the public review process, and
throughout the decision-making process. The FS and BLM will be making
separate decisions. The OSMRE does not have a decision to be made at
time but may tier to this analysis for future decisions.
Responsible Officials
The official responsible for the Forest Service consent
determination is the Ouachita Forest Supervisor. This authority was
delegated by the Southern Region Regional Forester on October 16, 2023.
The official responsible for the BLM leasing decision is the BLM
Eastern States State Director.
Scoping Comments and the Objection Process
This notice of intent initiates the scoping process, which guides
the development of the EIS. In this process the FS and BLM are
requesting comments on the plan amendment, potential alternatives and
impacts, and identification of any relevant information, studies or
analyses of any kind concerning impacts affecting the quality of the
human environment. Additional opportunities for public comment will be
provided when the draft EIS is available. Whether virtual or in-person
meetings will be hosted during the scoping period is to be determined.
It is important that reviewers provide their comments at such times and
in such manner that they are useful to the agency's preparation of the
final EIS; therefore, comments should be provided prior to the close of
the comment period and should clearly articulate the reviewer's
concerns and contentions. Commenting during the opportunity to comment
provided by the FS Responsible Official as prescribed by the applicable
regulations will also govern eligibility to object once the final EIS
and Draft Record of Decision has been published. Comments received in
response to this solicitation, including names and addresses of those
who comment, will be part of the public record for this proposed
action. Comments submitted anonymously will be accepted and considered;
however, they will not be used to establish eligibility for the
objection process.
The site-specific FS decisions (consent and the powerline) will be
subject to the FS's predecisional administrative review procedures
established in 36 CFR part 218. Those wishing to object to the site-
specific decisions must meet the requirements at 36 CFR part 218,
subparts A and B, for the project.
If a forest plan amendment is needed, that decision will be subject
to the plan-level administrative review procedures established in 36
CFR part 219. Those wishing to object to the forest plan amendment must
meet the requirements at 36 CFR part 219, subpart B (per 36 CFR
219.54). (See 36 CFR 219.59(b).) It is possible that the 36 CFR parts
218 and 219 objection process would run concurrently.
Permits, Licenses or Other Authorizations Required
Should the BLM decide to sell the Federal metallurgical coal lease
through the competitive bid process, OSMRE will be the permitting
authority for the 3,077 acres of Federal land for coal leasing. OSMRE
would approve and enforce the operator's subsidence control plan and
ensure that mining-related impacts on the hydrological balance or acid
mine discharge would be minimized. The Federal lease holder would be
required to provide OSMRE with a final mine plan that provides details
on how the underground mine and any surface infrastructure would be
constructed, operated, and maintained.
OSMRE would prepare a mine plan decision document and make a
recommendation to the DOI Assistant Secretary of the Interior for Land
and Minerals Management (ASLM) whether to approve, approve with
conditions, or disapprove the mine plan. OSMRE would request FS consent
on the terms and conditions of the mine plan approval prior to
submitting its recommendation to ASLM.
An additional finding is required by the Secretary of the Interior
on whether Federal lands within the national forest have significant
recreational, timber, economic, or other values that may be
incompatible with coal mining operations. That finding, as required by
section 522(e)(2) of the Surface Mining Control and Reclamation Act (30
CFR 761.11(b)), would rely on a recommendation of compatibility and
determination of compliance (1990 OSMRE and FS memorandum of
understanding (MOU)) from the FS, and a subsequent compatibility
determination from OSMRE. Operation and reclamation of the
metallurgical coal mine would be under the permitting jurisdiction of
OSMRE.
Nature of Decision To Be Made
Among other considerations, the responsible officials will review
the proposed action, other alternatives, environmental consequences, in
order to make the following decisions:
For the BLM the decisions to be made are whether:
(1) The proposed metallurgical coal lease area is acceptable for
coal leasing (43 CFR part 3461).
(2) Areas unsuitable for surface mining of coal have been
identified as required by 43 CFR 3461.5.
(3) There are special conditions designed to protect resources that
would be required for a future coal lease.
(4) The amount of coal recoverable has been identified and is
acceptable for a future consideration of leasing.
(5) The screening process has been completed in accordance with 43
CFR 3420.1-4(e). If the BLM determines the proposed lease area is
suitable and can made available for a Federal coal lease, the lease
would be offered for sale through the competitive bid process. The BLM
decision for a lease to utilize Federal lands would be documented in a
record of decision (ROD) issued by the BLM.
For the FS the decisions to be made are whether:
(1) The lands underlying the ONF are suitable for coal leasing;
(2) To provide consent, with appropriate lease stipulations to
protect surface resources, to the BLM concerning a Federal coal Lease
by Application (LBA) submitted to the BLM from the Emera Corporation on
behalf of Ouro Mining Inc.;
[[Page 88869]]
(3) To approve the powerline and associated access roads and issue
a special use permit with terms and conditions; and
(4) If needed, to approve a forest plan amendment that may provide
management direction for coal leasing on 3,077 acres within the ONF.
The FS decision on suitability, consent with surface leasing
stipulations, the powerline and access roads special use permit, and a
forest plan amendment (if needed) would be documented in a Record of
Decision issued by the FS. Consent to the BLM would be issued through
correspondence.
Substantive Provisions
The FS's Land Management Planning Rule at 36 CFR 219.13(b)(2)
requires the responsible official to provide notice of which
substantive requirements of 36 CFR 219.8 through 219.11 are likely to
be directly related to the amendment. Whether a rule provision is
directly related to an amendment is determined by the purpose for the
amendment and the effects (beneficial or adverse) of the amendment, and
is informed by the best available scientific information, scoping,
effects analysis, monitoring data or other rationale (36 CFR
219.13(b)(5)). Based on those criteria, the Planning Rule provision
likely to be directly related to the forest plan amendment (if needed)
is: Sec. 219.10(a)(2) (multiple use).
Additional Information
The EIS will identify, analyze, and consider mitigation to address
the reasonably foreseeable impacts to surface resources from the LBA,
the electrical powerline, and the associated access roads. In
accordance with 40 CFR 1502.14(e), the agencies will evaluate
appropriate mitigation measures not already included in the LBA.
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
agencies will utilize and coordinate the National Environmental Policy
Act (NEPA) and land use planning processes 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 LBA and
proposed plan amendment will assist the agencies in identifying and
evaluating impacts to such resources.
Indian Tribal Nations will be consulted on a government-to-
government basis in accordance with Executive Order 13175, BLM MS 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 Federal coal LBA for the
Heavener project, the amendment to the ONF Revised Forest Plan, and
powerline-associated actions. They are invited to participate in the
scoping process and, if eligible, may request or be requested by the
agencies to participate in the development of the EIS as a cooperating
agency.
Additional opportunities for government-to-government consultation
will be provided during the NEPA process.
Dated: December 19, 2023.
Gregory Smith,
Associate Deputy Chief, National Forest System.
[FR Doc. 2023-28300 Filed 12-22-23; 8:45 am]
BILLING CODE 3411-15-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 December 26, 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.