[Federal Register Volume 60, Number 185 (Monday, September 25, 1995)]
[Notices]
[Pages 49393-49394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23655]



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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / 
Notices  

[[Page 49393]]


DEPARTMENT OF AGRICULTURE

Forest Service


Beaverhead and Deerlodge Forest Plan Amendments; Beaverhead and 
Most of Deerlodge National Forests; Beaverhead, Madison, Gallatin, 
Silver Bow, Deerlodge, Powell, Granite and Jefferson Counties, Montana

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare environmental impact statement.

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SUMMARY: The Forest Service will prepare an environmental impact 
statement (EIS) to amend the Forest Plans of the Beaverhead and 
Deerlodge National Forests to include further riparian area direction. 
The purpose is to determine what combination of goals, objectives and 
standards will restore and/or maintain riparian function.

DATES: Initial comments concerning the scope of the analysis should be 
received in writing no later than November 15, 1995.

ADDRESSES: Send written comments to Deborah L.R. Austin, Forest 
Supervisor, Beaverhead National Forest, 420 Barrett Street, Dillon, MT, 
59725.

FOR FURTHER INFORMATION CONTACT:
Diane Petroni, Environmental Analysis Team Leader, Madison Ranger 
District, 5 Forest Service Road, Ennis, MT, 59729, or phone: (406)682-
4253.

SUPPLEMENTARY INFORMATION: The Forest Service proposes to amend the 
Beaverhead and Deerlodge Forest Plans to include a goal statement 
calling for restoration and maintenance of riparian function of all 
streams on the forest. Also included would be objectives stated as 
parameters within which riparian attributes would need to fall for the 
stream to be considered functioning. The only numerical standard would 
be a riparian forage utilization table applied to areas without site-
specific riparian direction. This would result in non-significant 
amendments to the plans.
    Lands affected are riparian areas within the entire Beaverhead 
National Forest, and all of the Deerlodge except the Elkhorn Wildlife 
Management Unit. The analysis will include Bureau of Land Management 
(BLM) lands located within grazing allotments administered jointly by 
the Forest Service and BLM. The affected lands are roughly within 75 
air miles of Dillon, Montana, or within 65 air miles of Butte, Montana. 
Riparian areas comprise about 5% of the total forest acreage.
    A lawsuit against the Beaverhead National Forest grazing program 
resulted in a court approved settlement agreement stipulating that the 
Forest would propose an amendment to the Forest Plan to incorporate 
revised riparian guidelines.
    Since the Beaverhead Forest Plan was adopted in 1986, monitoring 
has shown ``(t)he one quantifiable forest plan standard (Range #7) is 
not adequately protecting riparian dependent values'' (1993 Beaverhead 
National Forest Land and Resource Management Plan Five Year Review).
    The Beaverhead Forest Supervisor recommended to ``Amend the Forest 
Plan to include specific riparian goals and objectives (including 
Desired Future Condition statements describing a fully functioning 
riparian ecosystem). In the Forest Plan, detail the analysis process 
(through a procedural guideline and an appendix document) to be used in 
the determination of site specific riparian management in the 
development of Allotment Management Plans.''
    The Deerlodge Forest Plan was adopted in 1987. Since then, 
monitoring has been conducted to determine and evaluate the effects of 
management practices. Based on initial findings, riparian standard #8, 
which states grazing utilization standards in riparian areas, does not 
appear to meet the physical and biological needs of all riparian areas 
within grazing allotments.
    Potential issues identified are the effects of the amendment on 
sensitive and other fish species, water quality, economics, wildlife 
habitat, recreation opportunity, lifestyle, and grazing capacity.
    Public participation will be important to the analysis. Part of the 
goal of public involvement is to identify additional issues and to 
refine the general, tentative issues identified above. People may visit 
with Forest Service officials at any time during the analysis and prior 
to the decision. Two periods are specifically designated for comments 
on the analysis: (1) During the scoping process and (2) during the 
draft EIS comment period.
    During the scoping process, the Forest Service is seeking 
information and comments from Federal, State, and local agencies and 
other individuals or organizations who may be interested in or affected 
by the proposed action. The United States Fish and Wildlife Service 
will be consulted concerning effects to threatened and endangered 
species. A scoping document will be prepared and mailed to parties 
known to be interested in the proposed action by September 29, 1995. 
The agency invites written comments and suggestions on this action, 
particularly in terms of identification of issues and alternative 
development.
    In addition to the proposed action, a range of alternatives will be 
developed in response to issues identified during scoping. One of these 
will be the ``no-action'' alternative, in which no changes would be 
made to the forest plans. The Forest Service will analyze and document 
the direct, indirect, and cumulative effects of all alternatives.
    The Forest Service will continue to involve the public and will 
inform interested and affected parties as to how they may participate 
and contribute to the final decision. Another formal opportunity for 
response will be provided following completion of a DEIS.
    The draft EIS should be available for review in November, 1996. The 
final EIS is scheduled for completion in August, 1997.
    The comment period on the draft EIS will be 45 days from the date 
the Environmental Protection Agency publishes the notice of 
availability in the Federal Register.
    The Forest Service believes it is important to give reviewers 
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 it is 
meaningful and alerts an agency to the 

[[Page 49394]]
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 
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 those interested in this 
proposed action participate by the close of the 45-day comment period 
so 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.
    The Forest Supervisors of the Beaverhead and Deerlodge National 
Forests are the responsible officials who will make the decision. They 
will decide on this proposal after considering comments and responses, 
environmental consequences discussed in the Final EIS, and applicable 
laws, regulations, and policies. The decision and reasons for the 
decision will be documented in a Record of Decision.

    Dated: September 18, 1995.
Deborah L.R. Austin,
Forest Supervisor, Beaverhead National Forest and Acting Forest 
Supervisor, Deerlodge National Forest.
[FR Doc. 95-23655 Filed 9-22-95; 8:45 am]
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