[Federal Register Volume 67, Number 33 (Tuesday, February 19, 2002)]
[Notices]
[Pages 7346-7347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3879]


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DEPARTMENT OF AGRICULTURE

Forest Service


Sheep Creek Range Analysis EIS--Lewis and Clark National Forest

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service will prepare an environmental impact 
statement on a proposal to implement

[[Page 7347]]

the direction and objectives of the Forest Plan (in compliance with 
applicable laws, regulations and policies) in authorizing livestock 
grazing in the Sheep Creek area of the White Sulphur Springs Ranger 
District on the Lewis and Clark National Forest, Montana.

DATES: Comments concerning the scope of the analysis and issues were 
received during a comment period in June 2001. Although the formal 
scoping period is completed for this EIS, comments will be accepted and 
an opportunity to comment on the draft EIS will be provided.

ADDRESSES: Send written comments to Timothy J. Benedict, White Sulphur 
Springs District Ranger, Lewis and Clark National Forest, PO. Box A, 
Great Falls, MT 59645. Electronic mail may be sent to comment/[email protected].

FOR FURTHER INFORMATION CONTACT: Eldon Rash, EIS Team Leader, (406) 
791-7700.

SUPPLEMENTARY INFORMATION: The schedule developed by the Lewis and 
Clark National Forest, as outlined by the 1995 Rescission Bill, 
requires adequate National Environmental Policy Act planning be 
completed on the Sheep Creek allotments by 2001. The Forest Plan 
prescribes allotment planning on intervals of 10 to 20 years. Of the 
cattle and horse allotments being analyzed, 23 would have out-dated 
plans by end of 2001. None of the 5 special use pastures, 2 agriculture 
special uses or 2 administrative pastures have current plans. Eleven 
parcels of National Forest System lands are fenced with private land, 
but are not currently authorized for use under a permit. The proposed 
actions assume that the proposed land exchange between the Forest 
Service and the Bair Foundation in the Tenderfoot area will be 
completed as proposed. If the exchange does not occur, allocation of 
livestock between private and forest permits in the Bald Hills and 
Tenderfoot allotments will be revised based on forage capacity of each 
ownership. The proposed actions are expected to be implemented over a 
four-year period after the decision is made.
    Decisions To Be Made: The District Ranger will decide whether to 
(a) authorize grazing on reorganized allotments, (b) establish maximum 
allowable use standards for each pasture, (c) establish seasonal 
rotation of grazing, (d) reduce length of season of grazing, (e) issue 
special use permits and/or relocate fences to eliminate unauthorized 
livestock grazing, (f) construct range improvement and implement 
ecosystem prescribed burning, and (g) monitor allotments on a schedule.
    Responsible Official: Timothy J. Benedict, White Sulphur Spring 
District Ranger, is the Responsible Official for making the decision to 
implement any of the alternatives evaluated. He will document his 
decision and rationale in a Record of Decision.
    Preliminary Issues: Issues associated with allotment management 
planning include upland vegetation, riparian area function, and 
economics.
    Public Involvement, Rationale, and Public Meetings: Scoping for 
this project began in September 2001. A letter was sent to 109 
individuals requesting comment on the proposed action. Scoping comments 
were received from seventeen individuals or interest groups and will be 
considered for alternative development, however, public participation 
in this analysis is welcome at any time. A 45-day review period for 
comments on the Draft EIS will be provided. Comments received will be 
considered and included in documentation of the Final EIS. The public 
is encouraged to take part in the process and to visit with Forest 
Service officials at any time during the analysis and prior to the 
decision. The Forest Service has sought and will continue to seek 
information, comments and assistance from Federal, State and local 
agencies and other individuals or organizations who may be interested 
in, or affected by, the proposed action.
    Electronic Access and Filing Addresses: Comments may be sent by 
electronic mail (e-mail) to comment/[email protected]. Please 
reference the Sheep Creek Range Analysis EIS on the subject line. Also, 
include your name and mailing address with your comments so documents 
pertaining to this project may be mailed to you.
    Estimated Dates for Filing: The Draft EIS is expected to be filed 
with the Environmental Protection Agency (EPA) and to be available for 
public review by June, 2002. At that time 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 publishes 
the Notice of Availability in the Federal Register. It is very 
important that those interested in the management of this area 
participate at that time.
    The final EIS is scheduled to be completed by September, 2002. In 
the final EIS, the Forest Service is required to respond to comments 
received during the comment period that pertain to the environmental 
consequences of the action, as well as those pertaining to applicable 
laws, regulations, and policies. These will be considered in making a 
decision regarding the proposal.
    The Reviewers Obligation To Comment: The Forest Service believes it 
is important to give reviewers notice at this early stage 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 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 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. 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 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 
environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
environmental impact statement 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 
environmental impact statement 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.

    Dated: February 11, 2002.
Rick Prausa,
Lewis and Clark Forest Supervisor.
[FR Doc. 02-3879 Filed 2-15-02; 8:45 am]
BILLING CODE 3410-11-M