[Federal Register Volume 65, Number 73 (Friday, April 14, 2000)]
[Notices]
[Pages 20132-20133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9221]


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DEPARTMENT OF AGRICULTURE

Forest Service


Windmill Timber Harvest in the Mill Creek Drainage, Gallatin 
National Forest, Park County, Montana

AGENCY: Forest Service, USDA.

ACTION: Notice, intent to prepare environmental impact statement.

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SUMMARY: The Forest Service intents to prepare an environmental impact 
statement (EIS) to disclose the environmental effects of the Windmill 
timber harvest and associated activities in the Mill Creek drainage 
located in the Absaroka/Beartooth Mountain Range, Gallatin National 
Forest, Livingston Range District, Park County, Montana.
    The proposed timber harvest of approximately 5 mmbf from an 
estimated 650 acres of timbered lands and associated actions including 
road construction, reconstruction and restoration, prescribed fire and 
reforestation are being considered together because they represent 
either connected or cumulative actions as defined by the Council on 
Environmental Quality (40 CFR 1508.25).
    The Windmill Timber Sale is one of 12 project being proposed on the 
Gallatin National Forest to contribute time volume to assist in the 
acquisition of four sections of land as directed by the Gallatin Land 
Consolidation Act of 1998 (PL 105-267). In addition, harvest of this 
sale would: contribute toward providing a flow of wood products from 
National Forest lands, proposed road restoration of roads would 
maintain or improve watershed conditions, proposed prescribed fire 
would reduce the potential for catastrophic fires, and tree planting in 
regeneration units would address reforestation.

DATES: Written comments should be received by May 10, 2000.

ADDRESSES: Submit written comments on proposed activities or a request 
to be placed on the project mailing list to Terri Marceron, District 
Ranger, Livingston Ranger District, 5245 Highway 89 South, Livingston, 
Montana, 59047.

FOR FURTHER INFORMATION CONTACT: JT Stangl, Project Leader, Livingston 
Ranger District, Gallatin National Forest, Phone (406) 222-1892.

SUPPLEMENTARY INFORMATION: The project area consists of National Forest 
lands located in T6S, R9E, Sec. 10, 11, 14, 15, 19, 23, 24, 25 and 30; 
and T6S, R10E, Sec 32, 33, 34, and 35 and T7S, R10E Sec 2, 4, and 5, 
P.M. MT. The majority of activities would occur within the Counts, West 
Fork, Passage and Colley Creek areas in the Mill Creek drainage. Timber 
harvest is proposed on land that is designated as suitable for timber 
management by the Gallatin Forest Plan (USDA 1987). Timber harvest 
would occur outside of roadless area as designed using Region One 
protocol. New roads would be effectively closed to vehicle traffic 
after completion of post-sale activities. The EIS would also analyze 
the restoration of some existing roads, that are generally not open to 
motorized public use, to maintain or improve watershed conditions.
    The USDA Forest Service, ``Report to the Montana Congressional 
Delegation Proposed Gallatin Land Consolidation'' (September 1997) and 
the Gallatin Forest Plan (USDA 1987) provides the overall guidance for 
management activities in the potentially affected area through its 
goals, objectives, standards and guidelines, and management area 
direction.
    Comments from the public and other agencies will be used in 
preparation of the Draft EIS. The scoping process will be used to: (1) 
Identify potential issues, (2) Identify issues to be analyzed in depth, 
(3) Eliminate insignificant issues or those which have been covered by 
a relevant precious environmental analysis, such as the Gallatin Forest 
Plan EIS, (4) Identify alternatives to the proposed action, (5) 
Identify potential environmental effects of the proposed action and 
alternatives (i.e., direct, indirect, and cumulative effects) and (6) 
Determine potential cooperating agencies and task assignments. 
Preliminary issues identified by Forest Service specialist include 
assessing if proposed activities would effect: threatened and 
endangered species, sensitive fish, wildlife and plant species, 
ungulate habitat, Neotropical migratory bird habitat, management 
indicator species habitat, fragmentation, vegetative structural 
diversity, soils, water quality, noxious weeds, fire management, visual 
quality, cultural resources, recreation use special uses, roadless 
areas, and public safety. This list will be verified, expanded, or 
modified based on public scoping for this proposal.
    Public participation is an important part of the analysis, 
commencing with the initial scoping process (40 CFR 1501.7). In 
addition to scoping, the public may visit Forest Service officials at 
any time during the analysis and prior to the decision. The Forest 
Service will be seeking information, comments, and assistance from 
Federal, State, and local agencies and other individual or 
organizations who may be interested in or affected by the proposed 
action. No public meetings are scheduled at this time.
    The Draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and available for public review in November 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 management of the Mill Creek area participate at that 
time. The Final EIS is scheduled for completion by the end of March 
2001.
    The Forest Service believes, at the 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 in 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 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 30-

[[Page 20133]]

day scoping 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 developing issues and 
alternatives.
    To assist the Forest Service in identifying and considering issues, 
comments should be a specific to this proposal as possible. Reviewers 
may wish to refer to the Council on Environmental Quality Regulatory 
for implementing the procedural provisions of the National 
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.
    I am the responsible official for this environmental impact 
statement. My address is Gallatin National Forest, P.O. 130, Federal 
Building, Bozeman, MT 59771.

    Dated: May 3, 2000.
Richard Inman,
Acting Forest Supervisor.
[FR Doc. 00-9221 Filed 4-13-00; 8:45 am]
BILLING CODE 3410-11-M