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.
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