[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Notices]
[Pages 39948-39951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14578]


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DEPARTMENT OF AGRICULTURE

Forest Service


Special Use Permit for Helicopter Skiing

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent (NOI) to prepare an Environmental Impact 
Statement (EIS).

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SUMMARY: High Mountains Heli-Skiing, holder of a Special Use Permit to 
conduct guided helicopter skiing on portions of the Caribou-Targhee and 
Bridger-Teton National Forests has requested issuance of a new 5-year 
priority Special Use Permit for 1,500 annual user days. On April 26, 
2002, the Department of Agriculture, Forest Service issued a public 
scoping statement to prepare an Environmental Assessment to analyze 
issuing a new 5-year special use permit.
    The April 26, 2002 scoping statement described the ``Purpose and 
Need'' for the Special Use Permit to be issued, environmental issues 
considered, estimated dates for completing an Environmental Assessment, 
information concerning public participation, and the names and 
addresses of the agency officials who can provide additional 
information. The purpose of the scoping statement was to begin the 
scoping phase of public involvement in the National Environmental 
Policy Act process, with a due date for comments of May 28, 2002. Based 
on comments received on the initial scoping statement and the level of 
public interest the Forest Service now considers an EIS to be the 
appropriate level of disclosure.

DATES: To be most useful for early identification of issues, comments 
concerning scope of the analysis should be received in writing or 
postmarked by July 16, 2002.

ADDRESSES: Send written comments to: Nancy Hall, Jackson District 
Ranger, Bridger-Teton National Forest, P.O. Box 1689, Jackson WY, 
83001.

FOR FURTHER INFORMATION CONTACT: Ray Spencer, Interdisciplinary Team 
Leader, Jackson Ranger District, Bridger Teton National Forest (307) 
739-5400.
    Responsible Official: District Ranger Jackson Ranger District, 
Bridger-Teton National Forest.

SUPPLEMENTARY INFORMATION: The Jackson Ranger District of the Bridger-

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Teton National Forest has received a request from High Mountains Heli-
Skiing (HMHS) to issue a 5-year Special Use Permit that authorizes them 
to conduct a guided helicopter skiing business on National Forest 
System lands within portions of the Bridger-Teton (BTNF) and Caribout-
Targhee National Forests (CTNF). The Forest Service is considering 
issuing this permit to retain heli-skiing as part of the range of 
quality recreational opportunities offered on the BTNF and CTNF. Actual 
skiing takes place on steep mountain slopes with minimal amounts of 
ledges, rock, or other exposed hazards. These areas are generally 
sparsely vegetated or non-forested ridges and slopes that have 
accumulated snow levels, but are within acceptable limits for avalanche 
danger. Areas with dense vegetation exposed above the snow or that are 
heavily forested are not usually selected for heli-sking activities. 
Elevations of drop-off areas at the top are usually between 9,000 and 
10,000 feet. Pick-up areas at the bottom are generally between 6,500 
and 7,500 feet in elevation. Approximately 65 primary landing zones 
would be used for dropping off skiers and another 20 primary landing 
zones may be used for picking up skiers. The number and locations of 
landing zones used for drop-offs may change considerably each day 
depending on snow and weather conditions. However, the pick-up areas 
are used more frequently and generally do not change.
    The Forest Service believes that the appropirate level of analysis 
for this proposal at this point is an EIS under provisions of the 
National Environmental Policy Act. In addition to the Proposed Action 
and the required No Action alternative, the Jackson Ranger District has 
identified several other alternatives in response to identified issues.
    These include:
     No helicopter skiing in the Palisades Wilderness Study 
Area;
     Issuing the permit for 468 user days; and
     Issuing a permit for 800 user days but limiting the 
permittee to the use of one helicopter at a time.
    The authority for issuance of this permit is Title 36, Code of 
Federal Regulations, Part 251 Subpart B (36 CFR 251.50). The deciding 
agency official in this matter is the District Ranger, Jackson Ranger 
District, Bridger-Teton National Forest.
    The current permit for this activity is for 468 service days. 
During recent seasons, the permittee has requested additional service 
days that were usually granted on a case-by-case basis. The highest 
number of service days authorized for use during the 1999-2000 season 
was 968, of which 903 service days were actually used. The average 
annual service days used during the last five years was 686. The 
operational season is from December 15 through April 15 annually.

Purpose and Need

    National forest policy and Forest Land Management Plans for the 
BTNF and CTNF provide direction to Forest Service permit administrators 
regarding outfitter and guide operations on National Forest System 
lands. Based on this direction, Forest Service goals are to provide 
outfitting and guiding activities that ensure that visitors receive 
high quality services in a manner that promotes safe and 
environmentally responsible use. National direction recognizes 
outfitter guides as valuable recreation service providers, who help the 
agency meet its public service mission. Outfitting and guiding provide 
a small fraction of the total visitor days experienced on the National 
Forests, but the services provided are important to the visitor, the 
agency, the resources, and the economies of the communities where 
outfitters are based.
    Heli-skiing has been a part of the recreational program of the 
Forest Service at this general location for over 26 years. This 
activity requires an outfitter-guide Special Use Permit that has a 
maximum term of 5 years. The current permit for this activity expires 
on December 15, 2002. To retain guided heli-skiing as part of the 
recreational opportunities offered to visitors on the BTNF and CTNF, an 
environmental analysis must be conducted to determine whether or not to 
issue a permit and if so, what is the appropriate level and area of 
use.
    The proponent is interested in continuing this guided service into 
the future and has requested that the Special Use Permit be issued with 
modifications so that they may continue operation. The process of 
making a decision on this request will result in preparation of a 
Record of Decision based on the content of an EIS and associated 
reports and analyses. If the EIS and related processes are not 
completed by December 15, 2002, a temporary permit would be issued for 
this activity to continue under provisions and conditions of the 
existing permit.

Proposed Action

    The Forest Service is proposing to issue a Special Use Permit that 
allows the operation of helicopter-skiing guide services to continue 
using portions of the Jackson and Greys River Ranger Districts on the 
Bridger-Teton National Forest and the Palisades Ranger District on the 
Caribou-Targhee National Forests that are not closed to this type of 
use as depicted on a map available at the Jackson Ranger District. The 
area traditionally used for activity under the proposed action includes 
portions of the Teton Mountain Range south of Teton Village to Phillips 
Canyon, the Snake River Range south of Mosquito Creek, the Palisades 
Range, the Gros Ventre Range on the south side of Cache Creek, and the 
Wyoming Range from Bradley Mountain to Ramshorn Peak, south to Greys 
River. Although heli-skiing activity is generally concentrated within a 
90 square mile area, the proposed permit boundary includes 
approximately 475 square miles. A relatively large area is needed in 
order to accommodate various seasons and snow conditions and to allow 
flexibility to avoid impacts to resources and other recreationists.
    The proposal is to issue a special use permit that authorizes 1,500 
service days.

Decision To Be Made

    The Forest Service will determine what the capacity and the 
appropriate level of use will be for the Special Use Permit area based 
on analyses provided in the EIS. The decision to be made is whether to 
issue the requested 5-year Special Use Permit for 1,500 annual service 
days, approve a modified version of the request, or deny the request 
for helicopter skiing within the proposed project area. The decision 
will, at a minimum, address the following questions:
    1. Will the Proposed Action be implemented as proposed, as modified 
by an alternative or option, or not at all?
    2. What mitigation measures and monitoring requirements will the 
Forest Service apply to the operations?
    3. Does the project require a Forest Plan amendment?

Previous and Current Public Involvement History

    A scoping notice that identified the Forest Service's intention of 
issuing a permit for continuing the heli-skiing services was mailed to 
interested public and agencies on November 9, 2001. Numerous comments 
were received regarding the issuance of a Special Use Permit for heli-
skiing. Since that notice was provided to the public, the Forest 
Service refined and amassed more information regarding this proposal. 
Subsequently the Forest Service determined that additional public 
scoping comments would be helpful in

[[Page 39950]]

reviewing and analyzing this proposal. Consequently, a second scoping 
notice was provided to interested parties on April 26, 2002. As a 
result of comments received from the April 26, 2002 notice, the Forest 
Service determined that the appropriate level of analysis for this 
proposal should be in the form of an EIS. If any of those who provided 
comments to the scoping notices sent out on November 9, 2001 or April 
26, 2002 wish to supplement their earlier comments or make new ones, 
they are encouraged to do so. If one elects not to supplement those 
earlier comments, the Forest Service will retain the previous comments 
for use in the ongoing scoping and analysis processes. Once the 
analysis is completed, those who participated earlier, as well as those 
who provide new comments, will be given the opportunity to review the 
Draft EIS and render comments on that document.
    Interested agencies and the public are invited to participate in 
this scoping by relaying in writing to the Forest Service any concerns, 
interests, and issues that need to be addressed in the disclosure and 
analysis phase of the EIS process. After release of the Draft EIS for 
review, comments on the adequacy and merit of the disclosures can be 
submitted to the Forest Service. A preferred alternative will also be 
identified at this time. Responses to those comments will be 
incorporated into the Final EIS and a Record of Decision will be 
written and signed. Comments regarding the scope of the analysis and 
the issues that should be addressed in the Draft EIS may be sent to: 
High Mountain Heli-Skiing Special Use Permit, c/o Nancy Hall, Jackson 
Ranger District, PO Box 1689, Jackson, WY 83001.
    A scoping notice for this project will be posted on the Bridger-
Teton National Forest website at http://www.fs.fed.us/btnf. For more 
information please call Ray Spencer at (307) 739-5400.
    While scoping continues through the final decision point in the 
process, it would be appreciated if comments on this NOI and/or the 
solicitation for scoping comments were postmarked no later than July 
16, 2002.
    This notice is part of an effort by the Forest Service to seek 
additional scoping information, comments, and assistance from Federal, 
State, and local agencies, as well as other individuals or groups who 
may be interested or affected by the Proposed Action. Public responses 
will become part of the public record for this process and will be used 
and disclosed in the EIS and related documents and will be available 
for public inspection. Persons may request the agency to withhold a 
submission from the public record by showing how the Freedom of 
Information Act permits such confidentiality pursuant to 7 CFR 1.27(d). 
All applicable Federal, State, and county permits and licenses required 
by a decision will be obtained prior to implementation.

Issues

    The following is a preliminary list of issues identified by the ID 
Team. Other issues raised during public involvement will also be 
discussed in this EIS. The preliminary issues include:

1. Impacts of the project on wilderness study area values;
2. Effects of helicopter noise on dispersed winter recreation;
3. Effects of helicopter noise on wildlife, specifically elk and moose;
4. Water Quality effects from potential fuel spills;
5. Socioeconomic effects;
6. Impacts of wildlife resources including Threatened, Endangered, 
Proposed and Forest Sensitive species; and
7. Impacts to outfitter--guide operations.

Decision Framework

    The District Ranger of the Jackson Ranger District will decide 
whether or not to issue a permit for helicopter skiing and if so what 
terms and conditions will be included in the permit.

Public Involvement Process

    Public participation is especially important at several points 
during the analysis, particularly during initial scoping and review of 
the Draft EIS. Individuals, organizations, federal, state, and local 
agencies who are interested in or affected by the decision are invited 
to participate in the scoping process. This information will be used in 
the preparation of the Draft EIS.
    The second major opportunity for public input is during the review 
of the Draft EIS. The Draft EIS will be filed with the EPA 
(Environmental Protection Agency) and will be available for public 
review in July 2002. At that time the 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's notice 
of availability appears in the Federal Register. It is very important 
that those interested in this proposed action participate at that time. 
To be the most helpful, comments on the Draft EIS should be as specific 
as possible and may address the adequacy of the statement or the merits 
of the alternatives discussed (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 Forest Service believes, at 
this early stage, it is important to give reviewers notice of several 
federal 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 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, 533 (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, (9th 
Circuit, 1986) and Wisconsin Heritages, Inc v. Harris, 490 F.Supp. 
1334, 1338 (E.D. Wis, 1980). Because of these courts 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 EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the Draft 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 EIS or the merits of the alternates 
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.
    After the comment period ends on the Draft EIS, the comments will 
be analyzed and considered in preparing the Final EIS. The Final EIS is 
scheduled for completion in November 2002.

    Note: The U.S. Department of Agriculture (USDA) prohibits 
discrimination in all its programs and activities on the basis of 
race, color, national origin, sex, religion, age, disability, 
political beliefs, sexual orientation, or marital or family status. 
(Not all prohibited bases apply to all programs.) Persons with 
disabilities who require alternative means for communication of 
program information (Braille, large print, audio tape, etc.) should 
contact USDA=s TARGET Center at 202-720-2600 (voice and

[[Page 39951]]

TDD). To file a complaint of discrimination, write USDA, Director, 
Office of Civil Rights, Room 326-W, Whitten Building, 1400 
Independence Avenue, SW, Washington, D.C. 20250-9410 or call 202-
720-5964 (voice and TCC). USDA is an equal opportunity provider and 
employer.


    Dated: June 5, 2002.
Stanley G. Sylva,
Acting Forest Supervisor, Bridger-Teton National Forest.
[FR Doc. 02-14578 Filed 6-10-02; 8:45 am]
BILLING CODE 3410-11-M