[Federal Register Volume 66, Number 51 (Thursday, March 15, 2001)]
[Notices]
[Pages 15069-15072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6383]


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DEPARTMENT OF AGRICULTURE

Forest Service


Proposed Land Exchange With Leslie Resources, Inc.

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: This notice provides preliminary information regarding a 
proposed land exchange between the USDA Forest Service, Daniel Boone 
National Forest (Forest Service), and Leslie Resources, Inc. of Hazard 
(Leslie Resources), Kentucky and invites public participation in the 
environmental review process.
    The Forest Service is proposing to accept an offer to exchange 
98.17 acres of land located on Rockhouse Branch of Buffalo Creek in 
Owsely County, Kentucky, owned by Leslie Resources, for two Federal 
tracts administered by the Forest Service. Federal areas to be 
considered are Tract 107Ab (52.15 acres), located on Langdon Branch of 
Leslie County, Kentucky and Tract 745 (39.96 acres), located on Spicer 
Fork, Perry County, Kentucky.
    The ``Land and Resource Management Plan'' for the Daniel Boone 
National Forest (DBNF) directs a consolidation strategy for the 
ownership pattern of National Forest lands. This exchange would 
partially consolidate National Forest lands in Owsley County and 
eliminate two isolated tracts from the National Forest landbase.
    The environmental effects of this action will be analyzed and 
documented in an environmental impact statement (EIS). The Responsible 
Official will use this information in making the final determination of 
whether to accept the offer.

DATES: Comments concerning the scope of this analysis should be 
received by April 25, 2001.

ADDRESSES: Submit written comments to Alan R. Colwell, 
Interdisciplinary Team Leader, London Ranger District, Daniel Boone 
National Forest, 761 South Laurel Road, London, KY 40744.

FOR FURTHER INFORMATION CONTACT: Alan R. Colwell, Interdisciplinary 
Team Leader, London Ranger District, Daniel Boone National Forest, 761 
South Laurel Road, London, KY 40744 Telephone--(606) 864-4163.
    Responsible Official: The Forest Supervisor for the Daniel Boone 
National Forest, located at 1700 Bypass Road, Winchester, KY 40391, is 
the Responsible Official for this action.

SUPPLEMENTARY INFORMATION:

Need for the Proposal

    The ``Land and Resource Management Plan'' (Forest Plan), required 
by the Forest and Rangeland Renewable Resources Planning Act of 1974, 
describes the current and desired future condition of the lands and 
natural resources of the Daniel Boone National Forest (DBNF). The 
Forest Plan also contains the guidance and direction to move the forest 
toward the desired state. The need for any action or proposal is found 
in the broad context of the total Forest as expressed in the Forest 
Plan.
    The Forest Plan addresses the need for improving the landownership 
pattern of National Forest lands within the DBNF boundary. Ideally, 
federal holdings should be concentrated in large, contiguous blocks (as 
opposed to smaller, scattered tracts). Reasons cited in the Forest Plan 
are to increase favorable water flows and improve water quality (Forest 
Plan, pages III-6, IV-2, and C-1) and to reduce management costs 
(Forest Plan, pages II-24, III-8, IV-1, IV-43, IV-72, and C-1). 
Although the DBNF has large blocks of good consolidation within its 
boundary, it also has areas where federal ownership is sparse and 
scattered (Forest Plan, page IV-72). This proposal lies within the 
Redbird Ranger District. The landownership pattern for the district is 
similar to that described for the DBNF and the general guidelines are 
applicable at the smaller scale.
    Instructions regarding the consolidation of landownership are found 
in the Forest Plan primarily in Chapter IV.

(a) Goals (IV-1, 2)

    Manage the Forest in a manner that is sensitive to economic 
efficiency.

[[Page 15070]]

    Manage the transportation system for increased cost-effective 
and efficiency to meet resource management needs.
    Consolidate federal ownership, within land adjustment 
boundaries, to resolve problems related to intermingled 
landownership.
    Acquire lands that provide favorable flows of water and provide 
the opportunities to improve water quality.

(b) Objectives

    The Lands section under Resource Objectives (Forest Plan, IV-72) 
states, in part:

    The bulk of the Forest Adjustment Program will concentrate on 
consolidation of the large blocks of Federal land and disposal by 
exchange of the scattered Federal land. This will improve the 
efficiency of management and effective production of goods and 
services.

(c) Management Prescriptions (General Direction/Standards and 
Guidelines)

    Land Exchange Agreements should be considered where protection 
of T&E [Threatened and Endangered] species habitat, may occur as the 
result of such exchange (IV-11)
    Develop a landownership pattern that will provide efficiency of 
administration of Daniel Boone National Forest lands. This will 
involve land exchange, acquisition and jurisdictional transfers (IV-
43).

    Additional guidance is contained in the Forest Plan, Appendix C--
Landownership Adjustment Plan.
    A basic objective of the Forest Plan is emphasized; that the Forest 
Service is to dispose of small isolated tracts and consolidate large 
contiguous blocks to improve efficiency of management and 
administration and increase favorable water flows and improve water 
quality.
    The Landownership Adjustment Plan also contains language specific 
to the Redbird Ranger District:

    Based on the assumption that acquisition funds will continue to 
be low, if any, the adjustment plan directs the disposal by exchange 
of these areas of scattered tracts with priority on lands for 
consolidation of the main unit, favorable water flow, deteriorating 
land where restoration would improve overall water quality and high 
production timber land.

    Tracts 107Ab and 745 are two of 43 isolated tracts identified by 
the Forest Service as potential exchange candidates.
    Actual experience, since the Forest Plan was developed, has shown 
that the availability of acquisition funding varies widely from year to 
year. Funds for direct acquisition may be available at some point in 
the future.

Purpose of This Proposal

    This action would move the DBNF toward consolidation by exchanging 
two isolated federal tracts located on the Redbird Ranger District for 
a single privately owned track that is nearly surrounded by National 
Forest System land.
    (a) This action would help the DBNF meet Forest Management Goals 
(Daniel Boone Forest Plan, Pages IV-1, 2) in the following ways:
    (1) Manage the Forest in a manner that is sensitive to economic 
efficiency.
    This proposal--Presently, the minimum time required to access Tract 
107 Ab from the Redbird District office is 1\1/2\ hours under optimum 
conditions. Tract 745 requires over two hours to reach including 30-45 
minutes of foot travel. The private tract can be reached from the 
office in approximately one hour.
    (2) Manage the transportation system for increased cost 
effectiveness and efficiency to meet resource management needs.
    This proposal--Both federal tracts are landlocked. Tract 745 
requires the acquisition of \1/4\ mile of right-of-way and the 
reconstruction of \1/4\ mile of an old mine road to access a public 
road. Tract 107 Ab requires the acquisition of approximately 1\1/4\ 
miles of right-of-way and possibly the same amount of road construction 
or reconstruction depending on the disposition of the surrounding land 
currently being strip-mined. The private track would require no right-
of-way if accessed from above and approximately 700 feet if from below. 
Road construction would be approximately 700 feet to 2000 feet 
depending on the high or low route.
    (3) Consolidate federal ownership, within land adjustment 
boundaries, to resolve problems related to intermingled landownership.
    (4) Acquire lands that provide favorable flows of water and provide 
the opportunities to improve water quality.
    This proposal--A slight net gain in water quality and watershed 
protection may occur as a result of the exchange because the tract to 
be gained by the government contains a perennial stream. Tracts 107Ab 
and 745 are on intermittent or ephemeral streams.
    (b) Resource Objectives
    The Resource Objective of improving the efficiency of management 
and effective production of goods and services would be met through 
consolidation by reducing landline maintenance, road construction, 
access time, trespass and claims.
    (c) Forest Wide General Direction/Standards and Guidelines
    (1) Land Exchange Agreements should be considered where protection 
of T&E species habitat may occur as the result of such exchange (Forest 
Plan, IV-11).
    This proposal--While no federally listed species are known to occur 
on National Forest lands on the Redbird District, the Indiana bat 
(endangered) has been captured within the administrative boundary. It 
is assumed that the entire forested area on the district is summer 
roosting habitat. The type of habitat found on the Leslie Resources 
tract is similar to that found on both of the government tracts. The 
proposed exchange would result in a net gain, in acres, of Indiana bat 
habitat that is under Federal ownership. The biological evaluation for 
the project, and the supporting concurrence by the U.S. Fish and 
Wildlife Service has determined ``Not likely to affect'' the Indiana 
bat or any other federally listed species.
    (2) Develop a landownership pattern that will provide efficiency of 
administration of Daniel Boone National Forest lands. This will involve 
land exchange, acquisition and jurisdictional transfers (Forest Plan 
IV-43).
    This proposal--Implementing the exchange proposal would reduce 
boundary line location and maintenance needs by 4.15 miles of line and 
27 corners. In addition, problems associated with intermingled 
landownership (for example: 107Ab-timber trespass, 745-no access) would 
be reduced.
    (3) Weeks Law Funds and exchange will be utilized to consolidate 
National Forest Lands and secure low productive lands and lands having 
soil/water improvement needs so as to provide for favorable water flow 
and future timber production.
    This proposal--None of the tracts involved are considered low 
productive lands. The watershed is stable and water quality good on all 
tracts.
    (4) Disposal of federal tracts will be coordinated with other 
resource areas to assure the following are given adequate 
consideration--
    (i) Floodplains and riparian areas.
    (ii) Public recreation needs.
    (iii) Significant historical or archeological sites.
    (iv) Threatened and endangered species of wildlife or vegetation.
    (v) Key wildlife habitat.
    This proposal--There are 2.3 acres of floodplain areas on the 
tracts administered by the DBNF. The private tract has 5.5 acres of 
floodplains. The exchange would result in a net floodplain increase of 
3.2 acres under Federal ownership. Riparian areas are limited to narrow 
branch bottoms on intermittent streams. All of the tracts are 
considered to have little potential for recreation beyond the present 
use of hunting and root collection. The

[[Page 15071]]

archaeological survey found no significant sites on any of the tracts. 
The Kentucky State Historical Preservation Officer concurred with this 
determination. See above for the discussion on threatened and 
endangered species. There is no key wildlife habitat identified on any 
of the tracts.
    (d) Appendix C--Landownership Adjustment Plan.
    This proposal--Two of the forty three isolated tracts identified as 
exchange candidates on the Redbird Ranger District would be exchanged 
for one tract in the zone of consolidation. The efficiency of 
administration and management would be increased and more favorable 
water flows and improved water quality is expected due to a net 
increase in intermittent stream channels of National Forest land.
    The Landownership Adjustment Plan contains two sets of criteria to 
be considered in exchanges (Page C-5, 6). The first list contains 
criteria used to evaluate tracts being considered for acquisition. A 
second list is used to evaluate tracts being considered for exchange.
    Criteria to consider for the acquisition tract:
    (1) Protection of threatened and endangered species habitat.
    This proposal--Potential habitat for the Indiana Bat (Myotis 
sodalis) occurs on the tract to be acquired. The exchange would result 
in a net increase in the amount of this habitat under Federal 
ownership.
    (2) Meeting public demands for dispersed and developed recreation, 
wildlife and fish habitat, improved water quality and yields, soil and 
other resource production.
    This proposal--The watershed of the private tract is currently 
vegetated and stable. This would be maintained. Dispersed recreation 
and wildlife management should improve through consolidation.
    (3) Prevention and or elimination of unacceptable adverse impacts 
to National Forest resources.
    This proposal--Forest protection in terms of fire control, 
trespass, and claims should improve. The tract that would be gained by 
the Forest Service is more accessible and oversight of the land will 
improve.
    (4) Opportunity to reduce resources management costs for timber, 
recreation, wildlife, fish and other resources.
    This proposal--Management costs are expected to decrease because of 
easier and efficient access.
    (5) Opportunity to reduce or eliminate management cost sin boundary 
line location, rights-of-way acquisition, road and trail development.
    The proposal--The costs associated with boundary lines and all 
aspects of transportation development would be reduced.
    (6) Increase the commercial timber base for sustained yields of 
high quality hardwood and softwoods sawtimber and veneer products.
    This proposal--The timber base would be increased by approximately 
6 acres.
    (7) Providing public access to National Forest land and resources.
    This proposal--The consolidation of National Forest land provides 
more and better options for the development of public access.
    (8) Improvement or consolidation of the National Forest 
landownership pattern.
    This proposal--National Forest land would be consolidated through 
this exchange.
    (9) Some cultivated land may be acquired as part of a larger parcel 
that is suitable for National Forest administration.
    This proposal--No cultivated land is involved.
    (10) Resource outputs and resource protection for Congressionally 
designated areas.
    This proposal--No Congressionally designated areas are involved.
    (11) Costs to administer and/or develop after acquisition.
    This proposal--The tract to be acquired is similar to the federal 
lands surrounding it. No unusual administration or development costs 
would be anticipated.
    (12) Suitability of land for National Forest administration 
considering past and existing land uses, location surrounding, or 
adjacent land use, mineral ownership and deep constraints, existing 
resources and potential uses.
    This proposal--There are no known situational encumbrances that 
would render this tract to be less than suitable for inclusion into the 
National Forest System for a broad range of uses.
    Criteria to consider for the exchange tracts:
    (1) Most of the land exchange base is scattered, isolated, and 
inefficient to manage, but is needed for exchange to provide or protect 
public resources in areas where ownership can be consolidated through 
the land exchange process.
    This Proposal--The Land Ownership Adjustment Plan prepared by the 
Redbird District identifies tracts 107Ab and 745 as candidates for 
exchange. These two tracts are completely isolated from other National 
Forest property.
    (2) Opportunity is offered to reduce or eliminate management costs 
in boundary line location, right-of-way acquisition and access 
development, trespass, title claims, special use administration, and 
resource management.
    This Proposal--Implementing the exchange proposal would reduce 
boundary line location and maintenance needs by 4.15 miles of line and 
27 corners. in addition, problems, associated with intermingled 
landownership (for example: 107Ab-timber trespass, 745-no access) would 
be reduced. Neither of these tracts is closer than two air miles to a 
federally consolidated tract.
    (3) Land has become non-National Forest in character or is 
unsuitable for continued National Forest administration due to past or 
existing land uses, encumbrances, surrounding, or adjacent land use and 
deed constraints.
    This Proposal--Tract 107Ab will eventually be an island surrounded 
by a reclaimed strip mine of hundreds of acres in size.
    (4) Land is suitable and needed for community expansion and 
development. Private development of the land would not unreasonably 
conflict with forest land management objectives and administration of 
National Forest resources.
    This Proposal--There are no communities in the vicinity of the 
tracts. The exchange proposal would contribute to economic stability of 
the area by providing continued employment for those living and working 
in the area.
    (5) Opportunity is offered to achieve needed resource and land 
management objectives through land exchange.
    This Proposal--Acquiring the one private tract through exchange 
would help consolidate portions of the National Forest.
    The land would be managed for multiple-use and would give Federal 
protection to any significant archaeological sites or habitat for 
Proposed, Endangered, Threatened or Sensitive (PETS) species that may 
occur. The tracts to be acquired are known to contain suitable habitat 
for the Indiana Bat (IB). This proposal offers multiple opportunities 
to achieve needed resource and land management objectives.

Scoping Process

    The Daniel Boone National Forest is seeking information, comments, 
and assistance from Federal, State and local agencies and other 
individuals or

[[Page 15072]]

organizations that may be interested in or affected by the proposed 
action.
    To facilitate public participation several measures are being 
taken. Information about the project proposal is being mailed to all 
who are on the current list to receive scoping information from the 
Redbird Ranger District. Public notices are being published four 
consecutive times in the newspapers of Perry, Leslie and Owsley 
Counties, Kentucky and once each in the Manchester Enterprise, 
Manchester, Kentucky and the Herald Leader, Lexington, Kentucky. Public 
notices are also being placed at post offices in the vicinity of the 
exchange tracts.
    Additionally, the public may visit Forest Service officials at any 
time during the analysis and prior to the decision.
    Comments submitted during the scoping process should be in writing. 
They should be specific to the action being proposed and should 
describe as clearly and completely as possible any issues the commenter 
has with the proposal. This input will be used in preparation of the 
Draft Environmental Impact Statement (DEIS). The scoping process 
includes:
    (a) Identifying potential issues.
    (b) Identifying issues to be analyzed in depth.
    (c) Eliminating nonsignificant issues or those previously covered 
by a relevant previous environmental analysis.
    (d) Exploring additional alternatives.
    (e) Identifying potential environmental effects of the proposed 
action and alternatives.

Preliminary Issues

    Preliminary issues identified for the proposed exchange are as 
follows:
    (a) If exchanged, it is likely that Tract 107Ab will be strip 
mined, using the controversial method known as ``mountain top 
removal''.
    (b) Consolidation through the purchase of land is preferred to 
exchange by some people. National Forest lands should not be given up 
once acquired.

Preliminary Alternatives

    (a) No Action: The exchange would not take place.
    (b) Proposed Action: The Daniel Boone National Forest would 
exchange Tract 107Ab (52.15 acres), located on Langdon Branch in Leslie 
County, Kentucky, and Tract 745 (39.96 acres), located on Spicer Fork 
in Perry County, Kentucky for a 98.17 acre tract located on the Rock 
House Branch of Buffalo Creek in Owsley County, Kentucky, which is 
owned by Leslie Resources, Inc.
    (c) An alternative to purchase was discussed. The proponents 
declined, being interested only in the exchange. The alternative will 
not be considered further.

Estimated Dates for DEIS and FEIS

    The DEIS is expected to be filed with the Environmental Protection 
Agency and to be available for public comment by July 2001. At that 
time, the Environmental Protection Agency will publish a notice of 
availability of the DEIS in the Federal Register. The comment period on 
the DEIS 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 
DEIS 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 objectives that 
could be raised at the DEIS stage but that are not raised until after 
the completion of the Final Environmental Impact Statement (FEIS) may 
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritage, Inc. v. Harris, 490 
F. Supp. 1334 (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 FEIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the DEIS should be as 
specific as possible. It is also helpful if the comments refer to 
specific pages or chapters of the draft statement. Comments may also 
address the adequacy of the DEIS 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 provision of the National Environmental Policy Act of 40 
CFR 1503.3 in addressing these points.
    After the comment period ends on the DEIS, the comments will be 
analyzed, considered, and responded to by the Forest Service in 
preparing the FEIS. The FEIS is scheduled to be completed in September 
2001. The responsible official will consider the comments, responses, 
environmental consequences discussed in the FEIS, and applicable laws, 
regulations, and policies in making a decision regarding this proposed 
action.
    The responsible official will document the decision and reasons for 
the decision in the Record of Decision. That decision will be subject 
to appeal in accordance with 36 CFR part 215.

    Dated: March 5, 2001.
Benjamin T. Worthington,
Forest Supervisor.
[FR Doc. 01-6383 Filed 3-14-01; 8:45 am]
BILLING CODE 3410-11-M