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53204 Federal Register / Vol. 69, No. 168/Tuesday, August 31, 2004/Rules and Regulations <br />delay the development of natural gas <br />wells, the supply of natural gas would <br />decline and thus the price paid by <br />consumers for this commodity would <br />increase. The commenter provides <br />citations to several studies documenting <br />the current supply and demand <br />conditions of tha natural gas market, as <br />well as reference to a model that <br />considers the price implications of <br />changes in supply and demand on the <br />price consumers pay for natural gas. <br />Our Response: While the specific <br />number of wells that could be drilled in <br />designated critical habitat in the future <br />is unknown, wells affected by owl <br />conservation represent only a small <br />portion of expected development in the <br />region. Of the active wells in Utah and <br />New Mexico, less than one -half of one <br />percent are in the proposed designation. <br />Given the current high price of natural <br />gas (which is expected to continue), the <br />resources (e.g., equipment and labor) <br />needed to develop this commodity are <br />in high demand. Thus, even if <br />development of certain wells is delayed, <br />resources would likely be employed <br />elsewhere, or would only remain <br />unused for a short period of time. <br />Additional primary research would be <br />required to estimate the impact on <br />consumers of a small change in natural <br />gas supply, and significant uncertainty <br />would remain regarding the impact of <br />owl conservation on the pace of well <br />development, the impact of reduced <br />development on gas supplies, etc. In <br />addition, the impact measure provided <br />by the commenter ($8 million in savings <br />to consumers as a result of development <br />of one well), does not account for <br />possible losses to existing producers as <br />the price falls (i.e., changes in producer <br />surplus). Thus, the net change in social <br />welfare resulting from a change in <br />supply of natural gas could be <br />considerably smaller than that cited by <br />the commenter. <br />The final economic analysis has been <br />modified to include qualitative <br />discussion of the potential impact of the <br />designation on consumers of natural <br />gas. <br />(99) Comment: The Service fails to <br />consider substantial key data regarding <br />the oil and gas industry in the region <br />including employment data, production <br />and revenues data and project <br />modification data. <br />Our Response: The economic analysis <br />did consider these types of statistics for <br />the oil and gas industry in the region, <br />as demonstrated by the data included in <br />Exhibit 7 -2. This exhibit presents <br />employment data for oil and gas <br />extraction as well as other sectors of the <br />economy for the four states included in <br />the designation. Data on oil and gas <br />production in the region is also <br />included in the analysis and presented <br />in Exhibit 7 -1. Revenue data for oil and <br />gas operators was not available as many <br />of the operators in the area are private <br />operators and this information is <br />confidential. In addition, many of the <br />operators in the area operate in areas <br />more expansive than the local region. <br />Thus, revenue data were not included in <br />the report. In the economic analysis, <br />project modifications were considered <br />unlikely for oil and gas projects; <br />therefore these data were not included. <br />However, in response to comments and <br />based on further research, Section 7.2 of <br />the report has been revised to include <br />additional discussion of potential <br />project modifications to oil and gas <br />activities that could result from owl <br />conservation activities. <br />(100) Comment: One commenter <br />believes that the analysis of small <br />business entities in the oil and gas <br />industry is flawed because it compares <br />the costs that local operators must incur <br />to comply with owl restrictions in <br />critical habitat to costs of operations for <br />the entire U.S. oil and gas industry. The <br />commenter further states that although <br />some oil and gas companies that operate <br />within the proposed critical habitat <br />areas are headquartered outside those <br />areas, much of their domestic oil and <br />gas production potential is in the Rocky <br />Mountain Region. <br />Our Response: As discussed in the <br />Section 8.3 of the economic analysis, <br />based on a review of operators in <br />Carbon County, Utah, the majority of <br />operators in the oil and gas industry are <br />headquartered outside of the region. Oil <br />and gas companies operating in Carbon <br />County, Utah, are located in a variety of <br />states, including Texas, Oklahoma and <br />Alabama, among others. To determine <br />whether a substantial number of <br />operators are likely to be affected, it is <br />important to compare the affected <br />operators to the potentially affected <br />population of oil and gas operators. <br />Since most of the operators in the region <br />appear to be in a wide variety of <br />locations across the United States, it <br />was determined that the relevant area <br />for purposes of this analysis is the <br />United States. <br />(101) Comment: One commenter <br />states that AUM reductions are not <br />typically evenly distributed, thus there <br />is the possibility for significant regional <br />economic impacts if all ranches affected <br />are in the same region. <br />Our Response: As discussed in the <br />final economic analysis, Section 8.2 <br />Livestock Grazing Small Business <br />Impacts, information is not available to <br />determine the specific permittees most <br />likely to experience a reduction in <br />authorized AUMs. The analysis <br />estimates an annual reduction of 3,100 <br />to 15,600 AUMs for a variety of reasons, <br />including actions unrelated to owl <br />conservation. Since a typical permittee <br />grazes approximately 1,070 AUMs, this <br />reduction would likely affect more than <br />one permittee. In order to estimate the <br />number of permittees potentially <br />affected, the analysis uses two <br />approaches. First, the analysis estimates <br />the number of permittees that could <br />possibly experience a complete <br />reduction in their authorized AUMs. <br />Second, the analysis estimates the <br />impact on each permittee in the <br />proposed designation, if the impacts <br />were evenly distributed. While it may <br />not be likely that impacts are evenly <br />distributed, this approach provides <br />useful information to understand the <br />potential range of impacts on ranchers, <br />in the absence of more specific <br />information. <br />(102) Comment: The environmental <br />assessment only discusses cultural <br />impacts to Tribes. The Southwest has a <br />diverse mix of cultures that have <br />already been significantly impacted by <br />owl protections. <br />Our Response: The commenter did <br />not provide sufficient rationale to <br />explain why he or she believes that <br />cultures have been significantly <br />impacted by owl protections. Section <br />3.10 was added to the environmental <br />assessment to address environmental <br />justice and social conditions. <br />(103) Comment: The purpose of a <br />NEPA document is to disclose impacts <br />not to say that additional consultations <br />are a result of designation of critical <br />habitat when added to, "the effects of <br />existing section 7 consultations for other <br />species and existing land management <br />plans and policies." While this <br />discloses there will be cumulative <br />effects it does not say what those effects <br />will be or have been. <br />Our Response: The cumulative effects <br />analysis (section 3.11) was edited to <br />clarify that critical habitat designation is <br />unlikely to result in additional project <br />modifications compared to the existing <br />condition (i.e. project modification <br />resulting from consultation on effects to <br />the species). Cumulative effects from <br />any of the critical habitat designation <br />alternatives are therefore improbable. <br />(104) Comment: The prior economic <br />analysis did not consider all relevant <br />costs. <br />Our Response: A new economic <br />analysis was completed to address this <br />final designation. The previous <br />economic analysis is not reflective of - <br />this designation or our current approach <br />for analyzing economic impacts. <br />