[Federal Register Volume 66, Number 87 (Friday, May 4, 2001)]
[Notices]
[Pages 22514-22515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11214]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


I-90 Wilderness Study for the Wenatchee National Forest, Kittitas 
County, WA

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to Prepare a Legislative Environmental Impact 
Statement.

-----------------------------------------------------------------------

SUMMARY: Title VI of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act for Fiscal Year 1999 (also known as the 
Interstate 90 Land Exchange Act) directed the Secretary of Agriculture 
to review an area of land comprising approximately 15,000 acres, as 
generally depicted on an October 1998 map entitled ``Alphine Lakes 
Wilderness Study Area'', for its suitability for preservation as 
wilderness. This study is to be completed no later than three years 
after the date of enactment of the Act. As directed by section 610 of 
the Interstate 90 Land Exchange Act, the Forest Service is undertaking 
the I-90 Wilderness Study in accordance with the process outlined in 40 
CFR 1506.8. This process includes development of a legislative 
environmental impact statement (EIS) to provide a basis for the 
Secretary's recommendations as to suitability of specific lands for 
wilderness designation by Congress. This is a non-ground disturbing 
action that may result in a land management allocation change and 
Wenatchee National Forest Plan amendment. The agency invites written 
comments on the scope of this project. In addition, the agency gives 
notice of this analysis so that interested and affected people are 
aware of how they may participate and contribute to the final decision.

ADDRESSES: Submit written comments and suggestions to the Cle Elum 
Ranger District, Attn: Floyd Rogalski, Project Manager, 803 West 2nd 
Street, Cle Elum, WA 98922.

FOR FURTHER INFORMATION CONTACT: Floyd Rogalski, Project Manager, Cle 
Elum Ranger District 803 West 2nd Street, Cle Elum, WA 98922, (509) 
674-4411.

SUPPLEMENTARY INFORMATION: The Omnibus Consolidated and Emergency 
Supplemental Appropriations Act for Fiscal Year 1999 (Pub. L. 105-277, 
122 Stat. 2681) included special Title VI legislation known as the 
Interstate 90 Land Exchange Act of 1998. Section 610 of this act 
provides that:

    In furtherance of the purposes of the Wilderness Act, if the 
land exchange directed by this Act is consummated, the area of land 
comprising approximately 15,000 acres, as generally depicted on a 
map entitled ``Alpine Lakes Wilderness Study Area,'' dated October 
1998, shall be reviewed by the Secretary of Agriculture as to its 
suitability for preservation as wilderness. The Secretary shall 
submit a report and findings to the President, and the President 
shall submit his recommendation to the United States House of 
Representatives and United States Senate no later than three years 
after the date of enactment of this Act.

    As a result of the passage of this Act, the Forest Service is 
undertaking the preparation of a legislative EIS to support the 
recommendation to be made to Congress in accordance with 40 CFR 1506.8. 
Enactment of the I-90 Exchange Act occurred with the exchange of deeds 
between the Forest Service and their partners in the exchange, Plum 
Creek Timber Company, L.P. on December 28, 1999. Accordingly, the EIS 
and subsequent wilderness recommendations must be presented to Congress 
no later than December 28, 2002.
    The area subject to this study is comprised of Forest Service 
System lands adjacent to the existing Alpine Lakes Wilderness boundary 
north of the I-90 corridor on the Cle Elum Ranger District. The major 
issues that have been identified to date include: the impacts on the 
mineral potential of the lands in the study area; the impacts to 
existing recreation uses and to existing special use permittees; 
identification of those lands having the characteristics that would 
make them valuable as designated wilderness; and the nature and effect 
of the management restrictions or opportunities that would exist with 
respect to any lands allocated as wilderness. Based on these and other 
issues, a range of alternatives will be

[[Page 22515]]

developed to serve as the basis for the recommendation to be made to 
Congress.
    Public participation will be especially important at several points 
during the analysis. The Forest Service will be seeking information, 
comments, and assistance from Federal, State, Tribe, and local 
agencies, and other individuals or organizations who may be interested 
in or affected by the proposed actions. This information will be used 
in preparation of the draft legislative EIS. Public open houses to 
discuss this study are scheduled from 4 to 8 p.m. at the following 
locations: Monday, May 7, 2001, Snoqualmie Ranger District, 42404 SE 
North Bend Way, North Bend, Washington; Tuesday, May 8, 2001, Summit 
Inn, 603 State Route 906, Snoqualmie Pass, Washington; and Thursday, 
May 10, 2001, Hal Holms Community Center, 201 N. Ruby, Ellensburg, 
Washington.
    The draft legislative EIS is expected to be filed with the 
Environmental Protection Agency (EPA) and is to be available for public 
review by October 2001. The comment period on the draft legislative EIS 
will be 60 days from the date the EPA 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 ruling related to public 
participation in the environmental review process. First, reviewers of 
a draft legislative EIS 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 Cor. v.  NRDC, 435 U.S. 519, 553 (1978). Also, 
environmental objections that could be raised at the draft legislative 
EIS stage but that are not raised until after completion of the final 
legislative 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 60 
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 legislative EIS.
    To assist the Forest Service is identifying and considering issues 
and concerns on the proposed action, comments on the draft legislative 
EIS 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 legislative EIS 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.
    The final legislative EIS is schedule to be completed by October 
2002. The Forest Service will respond to the comments received during 
the comment period in the final legislative EIS. These comments will be 
forwarded to the Congressional committee with jurisdiction over the 
proposal along with the final legislative EIS and study report.

    Dated: April 24, 2001.
Sonny J. O'Neal,
Forest Supervisor.
[FR Doc. 01-11214 Filed 5-3-01; 8:45 am]
BILLING CODE 3410-11-M