[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6491]
[[Page Unknown]]
[Federal Register: March 21, 1994]
VOL. 59, NO. 54
Monday, March 21, 1994
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DEPARTMENT OF AGRICULTURE
Forest Service
Hemlock Point ANILCA Access Easement, Flathead National Forest,
Missoula County, MT
AGENCY: Forest Service, USDA.
ACTION: Notice; intent to prepare an environmental impact statement.
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SUMMARY: The notice is hereby given that the Flathead National Forest
is gathering information to prepare an Environmental Impact Statement
(EIS) for a proposal to grant easement and authorize construction of
roads across certain National Forest System lands located in the Swan
Valley. The action is proposed in response to an applicant seeking
legal access to 640 acres of non-Federal land located within the Forest
boundary. The proposed action is located approximately 45 miles south
of Kalispell, Montana. The non-Federal land to be accessed is described
as Section 29, Township 20 North, Range 17 West, P.M.M., Missoula
County, Montana.
DATES: Written comments concerning the scope of the analysis must be
received by May 1, 1994.
ADDRESSES: Send written comments to Forest Supervisor, Flathead
National Forest, 1935 Third Avenue East, Kalispell, MT 59901.
FOR FURTHER INFORMATION CONTACT:
Questions about the proposed action and EIS should be directed to Earl
Sutton, NEPA Coordinator, Flathead National Forest. Phone: (406) 755-
5401.
SUPPLEMENTARY INFORMATION: The Flathead National Forest is initiating
this action in response to an application filed by Plum Creek Timber
Company. The applicant requests easement across National Forest lands
for the purposes of establishing permanent legal access to 640 acres of
land owned by the applicant. The section of land to be accessed is
surrounded by National Forest System lands and no legal road access to
the section currently exists.
The applicant seeks legal access pursuant to the Alaska National
Interest Lands Conservation Act (ANILCA). The ANILCA directs the agency
to grant access to inholdings of non-Federal land within the National
Forest boundary for the reasonable use and enjoyment of those lands by
the landowner. The applicant has stated that it intends to manage the
lands to be accessed for long term timber production utilizing
conventional ground based logging systems. The applicant intends to
build roads on the easement(s) sufficient to support the intended use
of the land. The forest Supervisor has determined (based on
contemporaneous uses of similarly situated lands) that the intended use
of the non-Federal land constitutes reasonable use and enjoyment and
that the requested mode of access is reasonable.
Pursuant to the implementing regulations of the ANILCA, 36 CFR
251.110, the Forest Service will determine the routes and modes of
access which minimize damage or disturbance to National Forest System
lands and resources. The environmental analysis conducted for the EIS
will be used to determine the most appropriate location of easements.
A range of alternatives will be considered, including a no action
alternative. Other alternatives will explore potential easement
locations and may include terms and conditions placed on the use of the
roads to protect forest resources located on Federal lands.
The proposed action is located in designated habitat for four
threatened or endangered species including the gray wolf, grizzly bear,
peregrine falcon and bald eagle. Pursuant to the Endangered Species Act
(ESA) the Forest will prepare a Biological Assessment to determine the
effect of the action on the potentially affected species. The Forest
will consult with the U.S. Fish and Wildlife Service to review the
fundings of the Biological Assessment and to determine what, if any,
actions may be taken to reduce or mitigate adverse effects to listed
species.
Preliminary scoping for this proposed action identified a number of
issues to be considered in the environmental analysis. These include
the effects of resource development on the threatened grizzly bear, the
endangered gray wolf, adjacent Wilderness and roadless resources, water
quality, and a variety of sensitive fish, wildlife and plant species.
Public participation is invited at any time during the analysis
process prior to the final decision, however, two periods are
specifically identified for submission of comments.
During the scoping period initiated by this notice, the Forest
Service is seeking preliminary issues and concerns from Federal, State,
and local agencies and other individuals or organizations who may be
interested in or affected by the proposed action. The scoping period
will extend to May 1, 1994. Issues and concerns identified during this
period will be used to prepare a Draft Environmental Impact Statement
(DEIS). The scoping process includes:
1. Identification of potential issues.
2. Identification of issues to be analyzed in depth.
3. Elimination of insignificant issues or those which have been covered
by a relevant previous environmental analysis.
4. Identification of additional reasonable alternatives.
5. Identification of potential effects associated with the proposed
action.
6. Determination of potential cooperating agencies and task
assignments.
The DEIS will be issued to individuals and organizations who submit
comments or express interest during the scoping period and to other
requesting copies. The Forest Service will accept comments on the DEIS
for a period of at least 45 days from the date the Environmental
Protection Agency's notice of availability appears in the Federal
Register. Comments related to the DEIS will be analyzed and considered
in preparing the Final Environmental Impact Statement (FEIS). The
Forest Service will respond to the comments received in the FEIS.
The Draft Environmental Impact Statement is planned to be completed
and available for public review in May, 1994. The Final Environmental
Impact Statement is scheduled for completion in November, 1994.
The Responsible Official will document the decision and reasons for
the decision in a Record of Decision when the FEIS is completed. The
decision will be subject to Forest Service appeal regulations (36 CFR
part 215). The Responsible Official for this action is Joel D. Holtrop,
Forest Supervisor, Flathead National Forest.
The Forest Service believes it is important to give reivewers
notice at this early stage of several court rulings related to public
participation in the environmental review process. First, reviewers of
draft environmental impact statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's position and
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
553 (1978). Also, environmental objections that could be raised at the
draft environmental impact statement stage but that are not raised
until after completion of the first environmental impact statement may
be waived or dismissed by the courts. Wisconsin Heritages, Inc. v.
Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these
court rulings, it is very important that those interested in this
proposed action participate by the close of the 45-day comment period
so that substantive comments and objections are made available to the
Forest Service at a time when it can meaningfully consider them and
respond to them in the final environmental impact statement.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft
environmental impact statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
draft statement. Comments may also address the adequacy of the draft
environmental impact statement or the merits of the alternatives
formulated and discussed in the statement. (Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing
the procedural provisions of the National Environmental Policy Act at
40 CFR 1503.3 in addressing these points.)
Dated: March 14, 1994.
Joel D. Holtrop,
Forest Supervisor, Flathead National Forest.
[FR Doc. 94-6491 Filed 3-18-94; 8:45 am]
BILLING CODE 3410-11-M