Federal Register: December 29, 2008 (Volume 73, Number 249)
DOCID: fr29de08-26 FR Doc E8-30742
DEPARTMENT OF AGRICULTURE
Forest Service
CFR Citation: 36 CFR Part 251
RIN ID: RIN 0596-AC87
NOTICE: PROPOSED RULES
DOCID: fr29de08-26
DOCUMENT ACTION: Advance notice of proposed rulemaking; request for comment.
SUBJECT CATEGORY:
Management of National Forest System Surface Resources With Privately Held Mineral Estates
DATES: Comments must be received in writing by February 27, 2009.
DOCUMENT SUMMARY:
The Forest Service is preparing to promulgate regulations to provide clarity and direction on the management of National Forest System surface resources when the mineral estate is privately held.
SUMMARY:
Management of National Forest System Surface Resources with Privately Held Mineral Estates,
SUPPLEMENTAL INFORMATION
The Forest Service intends to engage in rulemaking to provide clarity and direction on the management of the National Forest System surface resources when the mineral estate is privately held and fulfill the statutory mandate on the Allegheny National Forest in Pennsylvania. To that end, it hereby seeks public comment on the scope and direction of the intended rulemaking, including, but not limited to, the identification of the issues and concerns related to private oil and gas development on the Allegheny National Forest which would be appropriately considered in this rulemaking effort.
The proposed regulation will clarify and expand policy at 36 CFR 251.15Conditions, rules and regulations to govern exercise of mineral rights reserved in conveyances to the United States, and be consistent with 36 CFR part 251 subpart DAccess to NonFederal Lands. The proposed rulemaking is also intended to fulfill the mandate set forth by section 2508 of the Energy Policy Act of 1992, Public Law 102486, 106 Stat. 31083109, which has been codified at 30 U.S.C. 226(o), concerning private oil and gas development on the Allegheny National Forest. Section 2508 requires 60day prior notification and clarifies content requirements of the notification. The Forest Service invites public comment as it prepares for this rulemaking.
Regulatory Findings
This advance notice of proposed rulemaking is being issued to obtain public comment and provide clarity and direction on the management of National Forest System surface resources when the mineral estate is privately held, and to fulfill the statutory mandate in 30 U.S.C. 226(o), regarding the Allegheny National Forest in Pennsylvania. The Department is not proposing any specific approaches for managing nonFederal lands; there are no regulatory findings associated with this notice. Comments received will help the Department determine the extent and scope of any future rulemaking.
Conclusion
The Department of Agriculture is considering how best to proceed
with engaging the public in identifying with issues and concerns
related to private oil and gas developments on the Allegheny National
Forest. Through this advance notice of proposed rulemaking, the
Department is seeking public input as responses to concerns about the
management of National Forest System surface resources when the mineral
estate is privately held. Public input and comment will help inform the
Department's consideration of how best to proceed with longterm uses
and management of these areas. How the Department ultimately addresses
the final rule will depend on a number of factors. These include court
decisions, public comments, and practical options for amending the
current rule, an EIS or both, using other administrative tools to implement land uses and access to nonFederal lands.
Dated: December 17, 2008.
Sally D. Collins,
Associate Chief.
[FR Doc. E830742 Filed 122408; 8:45 am]
BILLING CODE 341011P
FOR FURTHER INFORMATION CONTACT
Ivette E. Torres, Liaison Specialist, Minerals & Geology Management. Phone Number: (703) 6054792, or (703) 6157813. Email: ietorres@fs.fed.us.
Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 18008778339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday.