[Federal Register Volume 61, Number 243 (Tuesday, December 17, 1996)]
[Notices]
[Pages 66251-66252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31915]


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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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 delegations of authority, filing of petitions and applications and agency 
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  Federal Register / Vol. 61, No. 243 / Tuesday, December 17, 1996 / 
Notices  

[[Page 66251]]



DEPARTMENT OF AGRICULTURE

Forest Service


Bull Lake Estates Access; Kootenai National Forest, Lincoln 
County, Montana

AGENCY: Forest Service, USDA.

ACTION: Revised Notice of intent to prepare an environmental impact 
statement (original notice of intent was published February 3, 1995, 60 
FR 6692).

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SUMMARY: A Notice of Intent to prepare an Environmental Impact 
Statement for the Bull Lake Easement was published in the Federal 
Register (60 FR 6692) on February 3, 1995. The project analysis was 
deferred shortly thereafter pending further information on the proposed 
action. This notice is a revision of the original notice of intent as 
follows: The proposed action would be to grant an initial easement to 
the landowner and reconstruct the road to a width of 24 feet. The DEIS 
is expected to be filed with the EPA and available for public review in 
the spring of 1997.
    The EIS will tier to the Kootenai National Forest Land and Resource 
Management Plan and Final EIS of September 1987, which provides overall 
guidance for forest management of the area.

DATES: Written comments and suggestions should be received on or before 
January 31, 1997.

ADDRESSES: The Responsible Official is Robert L. Schrenk, Forest 
Supervisor, Kootenai National Forest. Written comments and suggestions 
concerning the scope of the analysis should be sent to Michael L. 
Balboni, District Ranger, Three Rivers Ranger District, 1437 N. Hwy 2, 
Troy, Montana 59935.

FOR FURTHER INFORMATION:
Contact Mark Natale, Inderdisciplinary Team Leader, Three Rivers Ranger 
District, 1437 N. Hwy 2, Troy, MT 59935. Phone: (406) 295-4693.

SUPPLEMENTARY INFORMATION: The private land lies on the west side of 
Bull Lake and vehicle access is via Forest Service road #398 and #8019. 
A portion of road #8019 is currently closed yearlong to motorized use. 
The decision area is located within the grizzly bear recovery area 
within the Cabinet Yaak Ecosystem.
    Propposed Action: The Kootenai National Forest is proposing to 
grant an easement 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 Lincoln County, Mt. If approved, the road 
would then be reconstructed to meet current road standards. The roads 
would be upgraded where needed to provide a 24 ft. driving surface.
    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 easement while including provisions for scheduling to prevent 
conflicts during periods of wildlife use.
    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.
    Preliminary Issues: Several preliminary issues of concern have been 
identified by the Forest Service. These issues are briefly described 
below:
     How would the proposed action affect the water quality in 
Bull Lake?
     How would the proposed action affect threatened, 
endangered and sensitive species in the area?
     How would the proposed action affect big game winter range 
use?
     How would the proposed action affect dispersed recreation 
use including effects on cultural resource sites?
    Other issues commonly associated with such activities include: 
effects on soils, old growth and visual resources. This list may be 
verified, expanded, or modified based on public scoping for this 
proposal.
    Decisions To Be Made: The Kootenai Forest Supervisor will decide 
the following:
     Whether or not to grant the easement and allow road 
reconstruction to provide for access to the private land?
     What mitigation measures would be required for protection 
of National Forest resources?
     If Forest Plan exception or amendments are necessary to 
proceed with the proposed action within the decision area?
    Public Involvement and Scoping: Public participation is an 
important part of the analysis process, commencing with the initial 
scoping process (40 CFR 1501.7). Scoping will take place in December 
1996 and January 1997. An Open House will be scheduled in January 1997 
in Troy, MT. The public is encouraged to take part in the process. 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. This input will be used in preparation of the draft and final 
EIS.
    The scoping process will include:
     Identifying potential issues.
     Identifying major issues to be analyzed in depth.
     Identify alternatives to the proposed action.
     Exploring additional alternatives which will be derived 
from issues recognized during scoping activities.
     Identifying potential environmental effects of this 
project and alternatives (i.e. direct, indirect, and cumulative effects 
and connected actions).
    The analysis will consider a range of alternatives, including the 
proposed action, no action, and other reasonable action alternatives.
    Estimated Dates for Filing: The draft Bull Lake Estates Access EIS 
is expected to be field with the Environmental Protection Agency (EPA) 
and to be available for public review by April 1997. At that time EPA 
will publish a

[[Page 66252]]

Notice of Availability of the draft EIS in Federal Register. The 
comment period on the draft EIS will be 45 days from the date the EPA 
publishes the Notice of Availability in the Federal Register. It is 
very important that those interested in the management of this area 
participate at that time.
    The final EIS is scheduled to be completed by July, 1997. In the 
final EIS, the Forest Service is required to respond to comments and 
responses received during the comment period that pertain to the 
environmental consequences discussed in the draft EIS and applicable 
laws, regulations, and regulations, and policies considered in making a 
decision regarding the proposal.
    Reviewer's Obligations: 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, 553 (1978). Also, environmental objections that 
could be raised at the draft environmental impact statement stage 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 comment period so that 
substantive comments and objections are made available for the Forest 
Service at a time when it can meaningfully consider and respond to them 
in the final EIS.
    To be most helpful, comments on he draft EIS should be as specific 
as possible and may address the adequacy of the statement or the merit 
of the alternatives discussed. 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.
    Responsible Official: Robert L. Schrenk, Forest Supervisor, 
Kootenai National Forest, 506 US Highway 2 West, Libby, MT 59923 is the 
Responsible Official. As the Responsible Official I will decide if the 
proposed project will be implemented. I will document the decision and 
reasons for the decision in the Record of Decision. That decision will 
be subject to Forest Service Appeal Regulations.

    Dated: December 5, 1996.
Robert L. Schrenk,
Forest Supervisor.
[FR Doc. 96-31915 Filed 12-16-96; 8:45 am]
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