[Federal Register Volume 64, Number 67 (Thursday, April 8, 1999)]
[Notices]
[Pages 17144-17145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8726]


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DEPARTMENT OF AGRICULTURE

Forest Service


Stimson ANILCA Access Easement, Colville National Forest, Pend 
Oreille County, WA

ACTION: Notice of intent to prepare environmental impact statement.

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SUMMARY: The Forest Service, USDA, will prepare an environmental impact 
statement (EIS) on a site-specific proposal to grant an easement and 
authorize construction and reconstruction of specific roads across 
National Forest System (NFS) lands as requested by Stimson Lumber 
Company to access their lands. This request seeks legal access to 
approximately 2,480 acres in five separate sections of non-Federal land 
located within the Forest Boundary on the Sullivan Lake Ranger 
District. The proposed action is located approximately six miles south 
of Ione, Washington, within the LeClerc Creek watershed. The Proposed 
Action will be in compliance with the 1988 Colville National Forest 
Land and Resource Management Plan (Forest Plan) as amended, which 
provides the overall guidance for management of this area. The Colville 
National Forest invites written comments and suggestions on the scope 
of the analysis. The agency gives notice of the full environmental 
analysis and decision making process so that interested and affected 
people may be able to participate and contribute in the final decision.


[[Page 17145]]


DATES: Comments concerning the scope of this proposal should be 
received in writing by May 15, 1999.

ADDRESSES: Send written comments and suggestions to Fred C. Gonzalez, 
District Ranger, 12641 Sullivan Lake Road, Metaline Falls, Washington 
99153.

FOR FURTHER INFORMATION CONTACT: Questions about this EIS should be 
directed to Tim Bertram, Interdisciplinary Team Leader, 12641 Sullivan 
Lake Road, Metaline Falls, Washington 99153 (phone: 509-446-7500).

SUPPLEMENTARY INFORMATION: The Proposed Action is to grant an easement 
to Stimson Lumber Company authorizing the construction, reconstruction, 
and use of seven segments of road, totaling approximately 2.69 miles, 
to access their property. Sections of land to be accessed are 
surrounded by NFS lands and no legal road access to the sections 
currently exists. Stimson Lumber Company seeks access pursuant to the 
Alaska National Interest Lands Conservation Act, (ANILCA). The ANILCA 
directs the Forest Service 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. Stimson 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 sufficient to support 
the intended use of the land.
    The proposed Action may result in an amendment to the Forest Plan 
to provide additional standards and guidelines for the LeClerc Grizzley 
Bear Management Unit. The standards and guidelines would be based upon 
recommendations provided in the Interagency Grizzly Bear committee Task 
Force Report (as revised July 29, 1998).
    This analysis will evaluate a range of alternatives for granting 
access for Stimson's inholdings. The access involves approximately 2.69 
miles of road on 22 acres of NFS lands.
    Analysis of effects will include both the project area on NFS lands 
as well as affects on non-federal Stimson lands accessed by the roads. 
Analysis areas will differ based on resource being assessed (watershed 
boundaries, grizzly bear management units, etc.).
    The Draft EIS will be tiered to the Colville National Forest Land 
and Resource Management Plan. The Land and Resource Management Plan's 
Management Area direction for this project area is approximately 3 
percent Old Growth Dependent Species Habitat (Management Area 1), 30 
percent Wood/Forage Emphasis (Management Area 7), and 67 percent Winter 
Range (Management Area 8).
    Preliminary issues include: (1) Under ANILCA and its implementing 
regulations, what would constitute reasonable access to Stimson land; 
(2) What would be the effects of granting access to Stimson land on 
natural resources including proposed, threatened, and endangered 
species habitat; and (3) Where is access mutually needed by both 
Stimson and the Forest Service to meet both economic concerns and 
natural resource objectives?
    A range of alternatives will be considered, including a no-action 
alternative. Initial scoping began in May 1992 with notice and mailings 
to interested parties. An Interdisciplinary team was assigned on May 
28, 1992 to identify and clarify issues, to explore and develop 
alternatives based on key issues, and to review and analyze potential 
environmental effects. An Environmental Assessment (EA), called the 
Stimson Cost-Share EA, was issued to the public for comment from July 
16, 1997 to August 15, 1997. A Decision Notice/Finding of No 
Significant Impact was issued on March 6, 1998. The decision document 
was appealed and reversed by the Appeal Deciding Officer on June 15, 
1998. comments from the EA comment period and the appeals have been 
incorporated in the preparation of this Notice and the Proposed Action.
    The Environmental Protection Agency (EPA) will publish a Notice of 
Availability of the draft EIS in the Federal Register. The draft EIS is 
expected to be available by June, 1999. The comment period on the draft 
EIS will be 45 days from the date the EPA notice appears in the Federal 
Register. It is important that those interested in the management of 
the Colville National forest participate at that time.
    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 the draft EIS 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 EIS stage but that are not raised until after completion of 
the final EIS 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 to the Forest Service at a time when it can meaningfully 
consider them and respond to them in the final EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft EIS. Comments may also address 
the adequacy of the draft EIS 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 final EIS is scheduled to be available by September 1999. In 
the final EIS, the Forest Service is required to respond to substantive 
comments received during the comment period for the draft EIS. The Lead 
Agency is the USDA Forest Service. The responsible official is Colville 
National Forest Supervisor, Robert L. Vaught, 765 South Main, Colville, 
WA 99114. The responsible official will decide which, if any, of the 
alternatives will be implemented. The decision and the rationale for 
the decision will be documented in the record of Decision, which will 
be subject to Forest Service Appeal Regulations (36 CFR Part 215).

    Dated: March 30, 1999.
Robert L. Vaught,
Forest Supervisor.
[FR Doc. 99-8726 Filed 4-7-99; 8:45 am]
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