[Federal Register Volume 66, Number 136 (Monday, July 16, 2001)]
[Notices]
[Pages 36994-36995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17654]


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DEPARTMENT OF AGRICULTURE


Reconstruction of Meadows Road #205 and Issuance of a Road 
Easement for Access to Private Land

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement 
in conjunction with issuance of a road easement and reconstruction of 
the Meadows Road #205 through an inventoried roadless area Dolores 
County, Colorado.

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SUMMARY: The Forest Service will prepare an environmental impact 
statement in conjunction with a proposal to issue a road easement to a 
private landowner and the reconstruction of an existing classified 
roadway, the Meadows Road #205, across a portion of an inventoried 
roadless area to access the landowners property.
    This notice describes known issues with the proposed road 
reconstruction project, estimated dates for filing the environmental 
impact statement, information concerning public and tribal 
participation, and the names and addresses of the agency officials who 
can provide additional information.

DATES: Comments concerning the scope of the analysis should be received 
in writing by August 30, 2001. The agency expects to file a draft 
environmental impact statement with the Environmental Protection Agency 
(EPA) and make it available for public, agency, and tribal government 
comment in late fall of 2001. A final environmental impact statement is 
expected to be filed in February of 2002.

[[Page 36995]]


ADDRESSES: Send written comments to: James Powers, Forest Planner, San 
Juan National Forest, 15 Burnett Court, Durango, CO 81301.

FOR FURTHER INFORMATION CONTACT: John Reidinger, Forester, Mancos-
Dolores Ranger District, P.O. Box 210, Dolores, CO 81323 (970-882-
7296).
    Responsible Official: Rick Cables, Rocky Mountain Regional Forester 
at P.O. Box 25127, Lakewood, CO 80225-0127.

SUPPLEMENTARY INFORMATION: Pursuant to Part 36 Code of Federal 
Regulations (CFR) 219.10(g), the Regional Forester for the Rocky 
Mountain Region gives notice of the agency's intent to prepare an 
environmental impact statement for road reconstruction and issuance of 
an easement across such road in an inventoried roadless area for the 
purpose of providing the applicant access to non-federally owned lands 
within the boundaries of the National Forest System.
    The Regional Forester gives notice that the Forest is initiating an 
environmental-analysis and decision-making process for this proposed 
action so that interested or affected people can participate in the 
analysis and contribute to the final decision.
    Opportunities will be provided to discuss the road reconstruction 
and easement issuance proposal openly with the public. The public is 
invited to help identify issues and define the range of alternatives to 
be considered in the environmental impact statement. Written comments 
identifying issues for analysis and the range of alternatives will be 
encouraged.
    The public has already identified a number of issues. Additional 
issue identification (scoping) will continue in the summer of 2001. 
Requests to be on the mailing list should be sent to: John Reidinger, 
Forester, P.O. Box 210, Dolores, CO 81323 (970) 882-7296.
    This project is being undertaken to provide access to a private, 
non-federally owned land as required by the Alaska Native Interest 
Lands Conservation Act (P.L. 96-487). Private land inholders are to be 
provided access across National Forest System land to private land that 
is adequate to secure the owners thereof of reasonable use and 
enjoyment of their land. The private landowner has proposed use of the 
existing road across the inventoried roadless area to meet their access 
needs.

Major Issues

Lizard Head Roadless Area

    This RARE II area is an area of approximately 4,940 acres that is 
immediately south of the Lizard Head Wilderness and north of Colorado 
Highway 145. It has a low wilderness attribute rating because of its 
proximity to the highway and the West Dolores road and was excluded 
from the Lizard Head wilderness when it was created in 1983. The 
existing Meadows road #205 crosses a portion of this inventoried 
roadless area.

Wetlands

    The existing roadway crosses several small areas of wetlands.

Geological Hazards

    The only alternative to the Meadows Road that provides access to 
the private lands is another existing two-track road that is unsafe and 
is closed by landslides.
    Involving the Public: The Forest Service is seeking information, 
comments, and assistance from individuals, organizations, tribal 
governments, and federal, state, and local agencies that are interested 
in or may be affected by the proposed action. The range of alternatives 
to be considered in the DEIS will be based on public issues, management 
concerns, resource management opportunities, and specific decisions to 
be made.
    Public participation will be solicited by notifying in person and/
or may mail known interested and affected local government agencies. 
News releases will be used to give the public general notice.
    Release and review of the EIS: We expect the DEIS to be filed with 
the Environmental Protection Agency (EPA) and to be available for 
public, agency, and tribal government comment in summer of 2001. At 
that time, the EPA will publish a notice of availability for the DEIS 
in the Federal Register. The comment period on the DEIS will be 45 days 
from the date the EPA publishes the notice of availability in the 
Federal Register.
    The Forest Service believes, at this early state, it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
the DEIS must participate in the environmental review of the proposal 
in such a way that their participation 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 objections that could be raised at the DEIS stage but are 
not raised until after 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 
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 
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 relating to the proposed actions, comments on the DEIS 
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 DEIS or the merits of the alternatives 
formulated and discussed in the statements. In addressing these points, 
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.
    After the comment period on the DEIS ends, comments will be 
analyzed, considered, and responded to by the Forest Service in 
preparing the Final EIS. The FEIS is scheduled to be completed in 
February of 2001. The responsible official will consider the comments, 
responses, environmental consequences discussed in the FEIS, and 
applicable laws, regulations, and policies in making decisions 
regarding these revisions. The responsible official will document the 
decisions and reasons for the decisions in a Record of Decision. The 
decision will be subject to appeal in accordance with 36 CFR 215.

    Dated: July 9, 2001.
Kent Hoffman,
Deputy Forest Supervisor, San Juan National Forest, USDA Forest 
Service.
[FR Doc. 01-17654 Filed 7-13-01; 8:45 am]
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