PUBLIC NOTICE Legal Notice of Decision and FEIS Availability Oil and Gas Leasing Analysis — Fishlake National Forest Beaver, Garfield, Iron, Juab, Millard, Piute, Sanpete, Sevier, and Wayne Counties, Utah

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Posted: Wednesday, September 4, 2013 9:01 am

The Final Environmental Impact Statement (FEIS) and Record of Decision (ROD) for Oil and Gas Leasing Analysis on the Fishlake National Forest (N.F.) are available for review. These documents have been prepared by the Forest Service (FS), with the Bureau of Land Management (BLM) and State of Utah as cooperating agencies in accordance with current laws and regulations.

The FEIS leasing analysis allows the FS to decide whether or not federal lands under the administration of the Fishlake N.F. will be administratively available for oil and gas leasing by the BLM and under what conditions (leasing options) the FS will authorize the BLM to issue a lease. The FS action of making National Forest System lands administratively available for oil and gas leasing and establishing required lease notices and stipulations does not cause environmental impacts. However, because subsequent lease issuance by BLM grants the lessee the right to conduct oil and gas activities in the future, the environmental consequences of oil and gas activities are analyzed in this FEIS as connected actions to the FS action. Site-specific analysis related to exploration, development and production will occur following lease issuance and lessee request.

Four alternatives were developed. One alternative is the no action/no lease alternative. The others were developed by assigning various leasing options and stipulations to the resources identified through scoping. The FEIS identifies Alternative C as the FS preferred alternative. The ROD identifies Alternative C from the FEIS as the Selected Alternative. Because the Fishlake N.F. administers a portion of Dixie N.F. lands, the decision will also amend both Land and Resource Management Plans to update general management direction, the number of acres available for mineral leasing and leasing prescriptions as they pertain to oil and gas leasing.

The FEIS/ROD may be viewed or downloaded on the Internet at Those who have requested a copy will receive it in the mail. A CD or paper copy of this Final EIS is available at the Fishlake N.F. Office, 115 E. 900 N., Richfield, Utah 84701, or by requesting one from the project manager.

Decision Subject to Appeal

This decision is subject to the administrative appeal procedures (“optional appeal procedures”) available during the planning rule transition period pursuant to 36 CFR 219.17(b)(3), which allows use of the provisions of the prior planning regulation, including its transition provisions (36 CFR 219, published at 36 CFR parts 200 to 299, revised as of July 1, 2010). As allowed under the transition provisions at 36 CFR 219.35(b) of the prior planning regulation, the responsible officials have chosen to use the optional appeal procedures described in Appendix A to Section 219.35 of the prior planning regulation and published at 54 FR 3357 (Jan, 23, 1989), as amended at 54 FR 13807 (April 5, 1989); 54 FR 34509 (Aug. 21, 1989); 55 FR 7895 (March 6, 1990); 56 FR 4918 (Feb. 6, 1991); 56 FR 46550 (Sept. 13, 1991); and 58 FR 58915 (Nov. 4, 1993).

Pursuant to 54 FR 3357, other than Forest Service employees, any person or any non-Federal organization or entity may challenge this decision and request a review by the Forest Service line officer at the next administrative level. The reviewing officer for this decision is the Regional Forester, Region 4.

Any notices of appeal must be fully consistent with the optional appeal procedures as described in Appendix A of Section 219.35 of the prior planning regulation. At a minimum, a written notice of appeal filed with the reviewing officer must:

1. State that the document is a notice of appeal filed pursuant to 36 CFR 219.17(b)(3);

2. List the name, address, and telephone number of the appellant;

3. Identify the decision about which the requester objects;

4. Identify the document in which the decision is contained by title and subject, date of the decision, and name and title of the deciding officer;

5. Identify specifically that portion of the decision or decision document to which the requester objects;

6. State the reasons for objecting, including issues of fact, law, regulation, or policy, and, if applicable, specifically how the decision violates law, regulation, or policy; and

7. Identify the specific change(s) in the decision that the appellant seeks.

Consistent with these procedures, a written notice of appeal must be hand-delivered, postmarked by the Postal Service, faxed, or e-mailed to the Appeal Reviewing Officer within 45 calendar days beginning the day after the date of publication of the legal notice of this decision in The Richfield Reaper and The Spectrum, newspapers of record. Written notices of appeal must be sent to: Appeal Reviewing Officer, Intermountain Region USFS, 324 25th Street, Ogden, Utah 84401 (or fax to 801-625-5277). The office business hours for those submitting hand-delivered appeals are: 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. Electronic appeals must be submitted in a format such as an email message, pdf, plain text (txt), rich text format (rtf), or Word (doc or docx) to: The notice of appeal must have an identifiable name attached, or verification of identity will be required. A scanned signature may serve as verification on electronic appeals.


If no appeal is received, implementation of this decision may occur on, but not before, five business days from the close of the appeal filing period. If an appeal is received, implementation may occur on, but not before, the 15th business day following the date of the last appeal disposition.

If you have any questions on this matter, please contact Rob Hamilton, Project Manager, at (435) 896-1022 or at

Published in The Richfield Reaper Sept. 4, 2013. UPAXLP

© 2016 The Richfield Reaper. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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