[Federal Register Volume 60, Number 23 (Friday, February 3, 1995)]
[Notices]
[Pages 6692-6693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2633]



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DEPARTMENT OF AGRICULTURE
Forest Service


Bull Lake Easement; Kootenai National Forest, Lincoln County, 
Montana

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare environmental impact statement.

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SUMMARY: The USDA, Forest Service, will prepare an environmental impact 
statement (EIS) to disclose the environmental effects of the granting 
of a road easement and of road reconstruction needed to access a 
subdivision in the vicinity of Bull Lake. The area is located in the 
Kootenai National Forest, Three Rivers Ranger District, Lincoln County, 
Montana.

    The proposal's actions to grant an easement to Lincoln County, 
Montana for a county easement over portions of roads #398 and #8019, 
and to reconstruct these roads to county standards, for public access 
to a subdivision of land located in Section 29, T29N, R33W, Principle 
Meridian, Montana, are being considered together because they represent 
either connected or cumulative actions as defined by the Council on 
Environmental Quality (40 CFR 1508.25). This project-level EIS will 
tier to the Kootenai National Forest Land and Resource Management Plan 
(Forest Plan) and Final EIS (September 1987), which provides overall 
guidance of all land management activities on the Kootenai National 
Forest, including road management.

DATES: Written comments and suggestions should be received on or before 
March 20, 1995.

ADDRESSES: Submit written comments and suggestions on the proposed 
management activities or a request to be placed on the project mailing 
list to Michael L. Balboni, District Ranger, Three Rivers Ranger 
District, Kootenai National Forest, 1437 N. Hwy 2, Troy, Montana, 
59935.

FOR FURTHER INFORMATION CONTACT:

Mark Natale, EIS Team Leader, Three Rivers Ranger District, Kootenai 
National Forest, Phone (406) 295-4693.

SUPPLEMENTARY INFORMATION: A county easement is proposed on 
approximately 1.0 mile of road #398 and 2.0 miles of road #8019 to 
access a subdivision on private land that has received conditional 
approval from the county. If approved, the road would then be 
reconstructed to meet county standards.
    The Kootenai Forest Plan provides guidance for management 
activities within the potentially affected area through its goals, 
objectives, standards and guidelines, and management area direction. 
The area of the proposed easement would occur within Management Areas 6 
and 11. Road reconstruction would occur in these two management areas. 
Below is a brief description of the applicable management direction.
    Management Area 6--These are recreational areas (campgrounds, boat 
ramps, picnic areas, etc.). There is no restriction on easements within 
this management area.
    Management Area 11--These are areas of big game winter range that 
allow for easements while including provisions for scheduling to 
prevent conflicts during periods of wildlife use.
    The Forest Service has identified two alternatives. These are: (1) 
The ``no action'' alternative, in which the easement would not be 
granted and (2) to issue the requested easement.
    The EIS will analyze the direct, indirect, and cumulative 
environmental effects of the alternatives. Past, present, and projected 
activities on both private and National Forest lands will be 
considered. The EIS will disclose the analysis of site-specific 
mitigation measures and their effectiveness. [[Page 6693]] 
    Public participation is an important part of the analysis, 
commencing with the initial scoping process (40 CFR 1501.7), which will 
occur in the period February/March 1995. In addition, the public is 
encouraged to visit with Forest Service officials at any time during 
the analysis and prior to the decision. The Forest Service will be 
seeking information, comments, and assistance from Federal, State, and 
local agencies and other individuals or organizations who may be 
interested in or affected by the proposed action. A public meeting will 
be held late February or early March 1995 in Troy, Montana.
    Comments from the public and other agencies will be used in 
preparation of the Draft EIS. The scoping process will be used to:

1. Identify potential issues.
2. Identify major issues to be analyzed in depth.
3. Eliminate minor issues or those which have been covered by a 
relevant previous environmental analysis, such as the Kootenai Forest 
Plan EIS.
4. Identify alternatives to the proposed action.
5. Identify potential environmental effects of the proposed action and 
alternatives (i.e., direct, indirect, and cumulative effects).
6. Determine potential cooperating agencies and task assignments.

    Some public comments have already been received. The following 
preliminary issues have been identified so far:

1. How may proposed road reconstruction and subdivision of the private 
land affect the water quality in Bull Lake?
2. How will the proposed road construction and subdivision affect 
threatened, endangered and sensitive species in the area?
3. How may the proposed road construction affect big game winter range 
use?

    Other issues commonly associated with such activities include: 
effects on cultural resources, soils, old growth, and scenery values. 
This list may be verified, expanded, or modified based on public 
scoping for this proposal.
    The Draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and available for public review in September of 
1995. At that time, the EPA will publish a Notice of Availability of 
the Draft EIS in the Federal Register. The comment period on the Draft 
EIS will be 45 days from the date the EPA's notice of availability 
appears in the Federal Register. It is very important that those 
interested in management of this area participate at that time. To be 
most helpful, comments on the Draft EIS should be as site-specific as 
possible. The Final EIS is scheduled to be completed by January 1996.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice 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, 
(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 final environmental impact statement may 
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and 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 scoping 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 developing issues and alternatives.
    To assist the Forest Service in identifying and considering issues 
on the proposed action, comments should be as specific as possible. 
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.
    I have the final authority for issuing a decision regarding this 
proposal. I have delegated the responsibility of preparing the EIS to 
Three Rivers District Ranger, Michael Balboni. My address is Kootenai 
National Forest, 506 U.S. Hwy 2 West, Libby, MT 59923.

    Dated: January 27, 1995.
Robert L. Schrenk,
Forest Supervisor.
FR Doc. 95-2633 Filed 2-2-95; 8:45 am]
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