[Federal Register Volume 64, Number 246 (Thursday, December 23, 1999)]
[Notices]
[Pages 72066-72067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33284]


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DEPARTMENT OF AGRICULTURE

Forest Service


State Road Use Permit To Access Damfino Section 16, Medicine Bow-
Routt National Forests, Brush Creek/Hayden Ranger District, Carbon 
County, WY

AGENCY: USDA, Forest Service.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: The U.S. Department of Agriculture, Forest Service, Medicine 
Bow-Routt National Forests, Brush Creek/Hayden Ranger District, will 
prepare an Environmental Impact Statement (EIS) to assess and disclose 
the environmental effects of issuing a Road Use Permit to the State of 
Wyoming to access its lands in Section 16, T. 12 N., R. 83 W., 6th 
P.M.; across National Forest System lands. The State of Wyoming has 
completed application for a Forest Road Special Use Permit to exercise 
its right under the Alaska National Interest Lands Conservation Act of 
December 2, 1980. The permit would allow the State of Wyoming to 
transport logs from a commercial timber sale on its land across 
National Forest System lands over existing Forest Development Roads. 
The analysis area is southeast of Encampment, Wyoming. All roads across 
National Forest System lands needed to access the State of Wyoming 
lands in School Section 16 already exist as Forest Development Roads, 
which are in suitable condition and capable of supporting the proposed 
use. No new road construction or reconstruction on National Forest 
System lands would be needed for the state to access its lands.
    This Notice of Intent is being issued under the authority of the 
Medicine Bow National Forest Land and Resource Management Plan and 
Final EIS of October 1985. The Medicine Bow National Forest formally 
initiated plan revision on October 7, 1999 with a Notice of Intent 
published in the Federal Register. It is anticipated that the 1985 
Forest Plan will still be in effect when the Record of Decision for 
this EIS is issued.

DATES: Public scoping for a Road Use Permit to Louisiana Pacific, an 
agent of the State of Wyoming, was initiated on January 28, 1999. A 
total of 83 comment letters were received. Additional scoping was 
initiated on August 10, 1999 for a Road Use Permit to the State of 
Wyoming. A total of 53 comment letters were received. All comments 
received from these previous scoping efforts related to the issuance of 
a Road Use Permit to access State of Wyoming lands in Damfino Section 
16 will be combined with comments received as a result of this Notice 
of Intent and reviewed to identify potential issues for this analysis. 
Since these previously received comments will be incorporated into this 
analysis, individuals who responded to either the January 28, 1999 or 
August 10, 1999 scoping requests need provide comment at this time only 
if they wish to provide additional information to what they previously 
submitted. Written comments and suggestions should be postmarked by 
January 21, 2000 to receive consideration. The estimated time for 
filing the draft EIS is March 2000 followed by the final decision in 
May 2000.

ADDRESSES: The Responsible Official is Don Carroll, District Ranger; 
Brush Creek/Hayden Ranger District; Medicine Bow-Routt National 
Forests; PO Box 249; South HWY 130/230; Saratoga, WY 82331. Written 
comments and suggestions concerning the scope of the analysis may be 
sent to him at that address.

FOR FURTHER INFORMATION CONTACT: John Baumchen, Interdisciplinary Team 
Leader. Phone: 307-326-5258.

SUPPLEMENTARY INFORMATION: 
    Background: Under authorities provided for in 36 CFR 261.12 and 36 
CFR 261.54, Forest Supervisor Jerry Schmidt issued Supervisor's Order 
98-10 on July 8, 1998. This order requires written authorization for 
commercial use of any Forest Development Road on the Medicine Bow-Routt 
National Forest. In response to this requirement, the State of Wyoming, 
has applied for a Forest Road Special Use Permit for commercial haul 
related to a timber sale on State lands over Forest Development Roads 
(FDR's) 409, 416, 416.1D and 416.2D. The Wyoming lands are located 
adjacent to the Wyoming border with Colorado in Section 16, T.12N., 
R.83W., 6th P.M. The State of Wyoming would thus exercise its right 
under the Alaska National Interest Lands Conservation Act of December 
2, 1980 (ANILCA) to access these lands. The Forest Road Special Use 
Permit is not a general authorization. The permit would provide 
specific authority to the permittee for the activities listed, subject 
to stipulations included in the permit.

[[Page 72067]]

    Forest Development Roads suitable for commercial haul already exist 
to a termination point within School Section 16. The National Forest 
roads to be used include both roads that are open system roads as well 
as roads originally constructed as part of the Coon Creek Pilot 
Project, which are normally closed.
    Scoping process: All comments received from previous scoping 
efforts related to the issuance of a Road Use Permit to access State of 
Wyoming lands in Damfino Section 16 will be combined with comments 
received as a result of this Notice of Intent and reviewed to identify 
potential issues for this analysis. Since previously received comments 
will be incorporated into this analysis, individuals who responded to 
either the January 28, 1999 or August 10, 1999 scoping requests need to 
provide comment at this time only if they wish to provide information 
additional to what they previously submitted.
    Proposed Action: The proposed action is to issue a Road Use Permit 
to the State of Wyoming for commercial haul over National Forest Roads 
from State of Wyoming land in Section 16 in T.12N., R.83W.
    Potential alternatives: The Interdisciplinary Team will review 
scoping comments from all three scoping processes to identify key 
issues and will develop a recommendation concerning alternatives to the 
Proposed Action warranting analysis in the Environmental Impact 
Statement. As a minimum, the alternatives to be analyzed in the EIS 
would include the No Action Alternative (do not issue a Road Use 
Permit); and the Proposed Action (issue a road use permit to the State 
of Wyoming over the requested route).
    Preliminary Issues: The following preliminary issues have been 
identified through past scoping of projects in the area:
    What are the FS authorities and Wyoming's rights under ANILCA 
concerning the issuance of a Road Use Permit to Section 16?
    Under what conditions would a Road Use Permit needed for commercial 
haul for a commercial timber sale be issued to the State of Wyoming?
    What would be the effects of a timber sale on lands owned by the 
State of Wyoming to adjacent National Forest System resources, 
particularly, what are the effects to recreation, wildlife, soil and 
water?
    What are appropriate alternatives for the analysis?
    What interpretations and positions concerning effects to resources, 
roadless character, fragmentation and environmental laws should be used 
to analyze activities on lands not under the jurisdiction of the U.S. 
Forest Service?
    Decision to be made: The Responsible Official will decide which 
alternative of those considered in the draft Environmental Impact 
Statement to select. Based on the decision that is made, he will also 
decide what mitigation measures and permit stipulations will be 
required. The issues and alternatives developed from public comment and 
Interdisciplinary Team analysis will be clearly disclosed in the 
Environmental Impact Statement. From the project record, the 
Responsible Official and others who may review the decision will be 
able to fully understand the consequences of implementing the selected 
alternative.
    Reviewer Obligations: The comment period on the draft environmental 
impact statement will be 45 days from the date the Environmental 
Protection Agency publishes the notice of availability in the Federal 
Register.
    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, 
533 (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 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 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.
    Release of Names: Comments received in response to this 
solicitation, including names and addresses of those who comment, will 
be considered part of the public record on this Proposed Action and 
will be available for public inspection. Comments submitted anonymously 
will be accepted and considered; however, those who submit anonymous 
comments will not have standing to appeal the subsequent decision under 
36 CFR parts 215 or 217. Additionally, pursuant to 7 CFR 1.27(d), any 
person may request the agency to withhold a submission from the public 
record by showing how the Freedom of Information Act (FOIA) permits 
such confidentiality. Persons requesting such confidentiality should be 
aware that, under the FOIA, confidentiality may be granted in only very 
limited circumstances, such as to protect trade secrets. The Forest 
Service will inform the requester of the agency's decision regarding 
the request for confidentiality, and where the request is denied, the 
agency will return the submission and notify the requester that the 
comments may be resubmitted with or without name and address within ten 
(10) days.
    Responsible Official: Don Carroll, District Ranger; Brush Creek/
Hayden Ranger District; Medicine Bow-Routt National Forests; P.O. Box 
249; Saratoga, WY 82331.
    As the Responsible Official, I will decide which, if any of the 
alternatives to be described in the draft Environmental Impact 
Statement will be implemented. I will document the decision and reasons 
for my selection of the decision in the Record of Decision.

    Dated: December 16, 1999.
Don G. Carroll,
District Ranger.
[FR Doc. 99-33284 Filed 12-22-99; 8:45 am]
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