[Federal Register Volume 64, Number 214 (Friday, November 5, 1999)]
[Notices]
[Pages 60405-60406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28989]


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 Notices
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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. 64, No. 214 / Friday, November 5, 1999 / 
Notices  

[[Page 60405]]


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DEPARTMENT OF AGRICULTURE

Forest Service


Issue an Easement To Access Private Land in the Taylor Fork Area; 
Gallatin National Forest, Gallatin County, MT

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 issuing an 
easement to access private land in the Taylor Fork area. The Federal 
Land Policy and Management Act (FLPMA, Pub. L. 94-579, 10/21/76) 
provided authority for the Forest Service to condition private requests 
for road access and use upon the private party's grant of reciprocal 
acquisition of USDA easements from the private landowner for the 
following facility: Public and administrative trail easement across 
Section 1 for the Eldridge Creek Trail and the Lincoln Mountain Trail.

DATES: Written comments and suggestions should be received on or before 
December 6, 1999.

ADDRESSES: Submit written comments and suggestions on this proposed 
activity or a request to be placed on the project mailing list to Gary 
`Stan' Benes, District Ranger, Hebgen Lake Ranger District, Gallatin 
National Forest, P.O. Box 520, West Yellowstone, Montana, 59758.

FOR FURTHER INFORMATION CONTACT: Cathey Hardin, EIS Team Leader, Phone 
(406) 646-7369.

SUPPLEMENTARY INFORMATION: Private landowner has requested access 
across National Forest System land. Section 1323(a) of the Alaskan 
National Interest Lands Conservation Act (ANILCA) provides for a right 
of access to non-federally owned land. Federal Land Policy and 
Management Act of October, 1976 (FLPMA, Pub. L. 94-579) provides 
authority for the Forest Service to issue permits to private landowner. 
Landowners shall be authorized such access as the authorized officer 
deems to be adequate to secure them the reasonable use and enjoyment of 
their land (36 CFR 251.110 (c)). The Gallatin National Forest Land and 
Resource Management Plan provides guidance for land management 
activities, including access to private landowners.
    The proposed access is located on Forest Service System land in 
Section 12, T.9S., R.3E., in the Taylor Fork area. Access would require 
the construction of a bridge across Taylor Fork Creek and approximately 
400 feet of road reconstruction, or up to approximately \1/4\ mile of 
road construction. The landowner would be responsible for the bridge 
and road construction meeting Forest Service design. The private 
landowner will be required to obtain a 310 or 124 permit from Montana 
State Fish, Wildlife and Parks before any bridge construction.
    One of the standards of the Gallatin Forest Plan is that rights-of-
way across National Forest System lands will be granted in situations 
involving a statutory right of access, subject to compliance with 
applicable rules and regulations of the Secretary of Agriculture. The 
proposed access is located within Management Area 15, and Management 
Area 7 when crossing Taylor Fork Creek. Below are the management goals.
    Management Area 15: 1. Meet grizzly bear mortality reduction goals 
as established by the Interagency Grizzly Bear Committee. 2. Manage 
vegetation to provide habitat necessary to recover the grizzly bear. 3. 
Provide forage for livestock consistent with goal 1. 4. Provide 
dispersed recreation opportunities consistent with goal 1.
    Management Area 7: Manage the riparian resource to protect the 
soil, water, vegetation, fish, and wildlife dependent upon it.
    The Forest Service will consider a range of alternatives. The IES 
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.
    Public participation is an important part of the analysis, 
commencing with the initial scoping process (40 CFR 1501.7). A scoping 
document was mailed to interested individuals and groups in January of 
1999. The comment period has been extended. The public is welcome to 
visit Forest Service officials anytime during the analysis and prior to 
the decision. No public meetings are scheduled at this time. The 
following issues have been identified so far:
    1. Potential effects to westslope cutthroat trout and arctic 
grayling trout.
    2. Potential effects on water quality and stream condition of 
Taylor Fork Creek.
    3. Potential effects to grizzly bear habitat.
    4. Potential effects to elk habitat. Including elk calving, 
cumulative effects of road densities, hiding and thermal cover.
    5. Potential effects to recreation.
    The Draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and available for public review in February of 
2000. 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 this project participate at that time. The Final EIS is 
scheduled to be completed by May, 2000.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court ruling 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 alters an agency to the reviewers' position and 
contention. Vermont Yankee Nuclear Power Corp. v. NRDS, 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 final environmental impact statement may 
be waived or dismissed by the court. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris. 490 
S. 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 30

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days scoping comment 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, comments should be as specific to this proposal 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 40 CFR 1503.3 in addressing these 
points.
    I am the responsible official for this environmental impact 
statement.

    Dated: October 26, 1999.
Gary L. `Stan' Benes,
District Ranger.
[FR Doc. 99-28989 Filed 11-4-99; 8:45 am]
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