[Federal Register Volume 65, Number 97 (Thursday, May 18, 2000)]
[Notices]
[Pages 31512-31513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12476]


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DEPARTMENT OF AGRICULTURE

Forest Service


Booger Placer Claim, Suction Dredging Nez Perce National Forest, 
Idaho County, Idaho

AGENCY: Forest Service, USDA.

ACTION:  Notice; intent to prepare environmental impact statement.

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SUMMARY: The Forest Service will prepare an environmental impact 
statement (EIS) to analyze and disclose the environmental effects of 
dredging on the Booger placer claim on Little Elk Creek. The claimant 
has proposed using one eight-inch suction dredge to remove possible 
gold deposits from the gravel and at bedrock in the stream channel of 
Little Elk Creek. The operation is proposed for five years, to operate 
when water and weather conditions allow. The Booger placer claim is 
located in Section 33, T30N, R8E, BPM.

DATES: Written comments and suggestions should be received on or before 
June 19, 2000, to receive timely consideration in the preparation of 
the draft EIS.

ADDRESSES: Send written comments and suggestions on the proposed action 
or requests for a map of the proposed action or to be placed on the 
project mailing list to Kevin Martin, District Ranger, Red River Ranger 
District, P.O. Box 416, Elk City, Idaho 83525.

FOR FURTHER INFORMATION CONTACT:  Jo Ellis, District Geologist, Red 
River Ranger District, P.O. Box 416, Elk City, Idaho 83525, phone (208) 
842-2245.

SUPPLEMENTARY INFORMATION:  The proposed action is proposed pursuant to 
the 1872 Mining Law, the Organic Administration Act of 1897 and Forest 
Service mining regulations, Title 36 Code of Federal Regulation (CFR), 
Part 228, Subpart A. The United States mining laws at 30 U.S.C. 21-54 
Confer a statutory right to enter upon the public land to search for 
and remove certain minerals. The Forest Service has the responsibility 
to make sure that the activities are conducted so as to minimize 
adverse environmental impacts to National Forest System lands, 36 CFR, 
Part 228, Subpart A.
    The proposal involves processing streambed gravel to bedrock over 
the entire 4,020 foot length of the claim. Deeps of the gravel are 
between three and six feet deep. The stream channel, between high water 
marks, varies from six to ten feet in width. This work would take place 
over five years of more whenever water and weather conditions allow 
operations.

[[Page 31513]]

    The process involves utilizing high-pressure water pumps driven by 
gasoline-powered motors, which create suction in a flexible intake 
pipe. A mixture of streambed sediment and water is vacuumed into the 
intake pipe and passed over a sluice box mounted on a floating barge. 
Dense particles (including gold) are trapped in the sluice box. The 
remainder of the entrained material is discharged into the stream as 
tailings or spoils. A hole is created in the gravel so bedrock is 
exposed. Cracks in the bedrock are then cleared with the suction. Cable 
attached to a winch move large boulders or rootwads.
    The Forest Service will consider a range of alternatives to the 
proposed action. One of these will be the ``no action'' alternative, in 
which the Plan of Operations would not be approved. Additional 
alternatives will examine varying intensity and duration of the 
proposed activities, including restrictions on the size of equipment 
and length of seasonal operation, as well as respond to the issues and 
other resource values.
    Public participation is an important part of the project, 
commencing with the initial scoping process (40 CFR 1501.7), which 
starts with publication of this notice and continues for the next 30 
days. In addition, the public is encouraged to visit with 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, the Nez Perce 
Tribe, and other individuals or organizations that may be interested in 
or affected by the proposed action.
    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 major issues to be analyzed in depth;
3. Eliminate minor issues or those that have been covered by a relevant 
previous environmental analysis, such as the Nez Perce National 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).

    While public participation in this analysis is welcome at any time, 
comments received within 30 days of the publication of this notice will 
be especially useful in the preparation of the draft EIS, which is 
expected to be filed with the Environmental Protection Agency and 
available for public review in July 2000. A 45-day comment period will 
follow publication of a Notice of Availability of the draft EIS in the 
Federal Register. The comments received will be analyzed and considered 
in preparation of a final EIS, which is expected to be filed in October 
2000. A Record of Decision will be issued not less than 30 days after 
publication of a Notice of Availability of the final EIS in the Federal 
Register.
    The Forest Service believes it is important at this early stage to 
give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft EISs must structure their participation in the environmental 
review of the proposal in such a way 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, 513 (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 in order that 
substantive comments and objections are 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 should 
be as specific 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 at 40 CFR 1503.3 in 
addressing these points.
    Kevin Martin is the responsible official for this environmental 
impact statement.

    Dated: May 5, 2000.
Kevin Martin,
District Ranger, Red River Ranger District, Nez Perce National Forest.
[FR Doc. 00-12476 Filed 5-17-00; 8:45 am]
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