[Federal Register Volume 67, Number 221 (Friday, November 15, 2002)]
[Notices]
[Pages 69184-69186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28876]


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DEPARTMENT OF AGRICULTURE

Forest Service


Black Hills National Forest, South Dakota, Elk Bugs and Fuel 
Project

AGENCY: Forest Service, USDA.

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

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SUMMARY: In accordance with the National Environmental Policy Act, 
notice is hereby given that the Forest Service, Black Hills National 
Forest will prepare a Draft Environmental Impact Statement to disclose 
the environmental consequences of the proposed Elk Bugs and Fuel 
Project which encompasses approximately 45,498 acres of National Forest 
System Land (NFS) and 15,068 acres of interspersed private and state 
lands. Mountain pine beetles are at epidemic levels in portions of the 
project area and have caused significant mortality of ponderosa pine. 
Proposed treatments will focus on reducing hazardous fuel 
concentrations and stand susceptibility to beetle infestation. Priority 
will be given to treatments on NFS land near private land and those 
that would contribute to firefighter safety.
    In order to move towards the desired future condition as described 
in the Black Hills National Forest Land and Resource Management Plan as 
well as meet the purpose and need of the project proposal, proposed 
activities include: (1) Commercial hardwood restoration; (2) non-
commercial hardwood restoration; (3) commercial thinning; (4) non-
commercial thinning; (5) commercial thinning and bait and sanitation 
cutting; (6) prescribed burning; (7) bait and sanitation cutting; (8) 
shaded fuel breaks; and (9) transportation activities consisting of 
road construction, reconstruction, and eliminating unnecessary roads.
    In accordance with the National Environmental Policy Act and the 
National Forest Management Act, the Black Hills National Forest will 
also evaluate the environmental consequences of four nonsignificant 
Forest Plan Amendments in the Elk Bugs and Fuel environmental impact 
statement. The amendments, if approved, would apply only to the Elk 
Bugs and Fuel project.
    The treatments authorized by Pub. L. 107-206 are not subject to the 
decision that will be made by the Elk Bugs and Fuel Record of Decision. 
However, section 706 of Pub. L. 107-206 requires that the effects of 
section 706 actions be disclosed in the Elk Bugs and Fuel cumulative 
effects analysis for past, present, and reasonable foreseeable future 
actions. This project proposal does not include any proposed treatments 
in the Greater Beaver Park Lawsuit Settlement Area, including the 
Beaver Park roadless area.

DATES: Comments concerning the scope of the analysis must be received 
by December 16, 2002. The draft environmental impact statement is 
expected to be available for public review in April 2003 and the final 
environmental impact statement is expected to be available in July 
2003.

ADDRESSES: Submit written, oral, or e-mail comments by: (1) Mail--Elk 
Bugs and Fuel Project; Carl Leland, U.S. Post Office, Room 201, 18 
South Mill Ave, Ridgway, PA 15853; (2) phone--(814) 772-2028; (3) e-
[email protected].

FOR FURTHER INFORMATION CONTACT: Carl Leland at (814) 772-2028

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The purpose and need for action of the Elk Bugs and Fuel Project is 
to reduce mountain pine beetle populations in pine stands, decrease the 
risk and hazard of wildfire in the proximity of private lands and 
homes, and to reduce the susceptibility of vegetation to catastrophic 
fire and further mountain pine beetle attacks.

Proposed Action

    The proposed actions to meet the purpose and need include: (1) 409 
acres of commercial hardwood restoration; (2) 144 acres of non-
commercial hardwood restoration; (3) 10,348 acres of commercial 
thinning; (4) 3,282 acres of non-commercial thinning; (5) 434 acres of 
commercial thinning followed by pheromone baiting and sanitation 
cutting; (6) 562 acres of prescribed burning; (7) 126 acres of 
pheromone baiting and sanitation cutting; (8) 2,745 acres of shaded 
fuel breaks; and (9) transportation activities consisting of 42.9 miles 
of new road construction, 33.9 miles of reconstruction, and 63.5 miles 
of road decommissioning.
    The Black Hills National Forest also proposes to disclose the 
effects of four nonsignificant Forest Plan Amendments that are needed 
because of changed conditions brought about by mountain pine beetle 
infestations and the associated potential for catastrophic wildfire 
events. The proposed amendments to the Forest Plan, if approved, would 
apply only to the Elk Bugs and Fuel Project.
    Forest Standard 3202, General Wildlife and Fish Direction, provides 
for big game screening along 20 percent of the edges of arterial and 
collector roads. Providing shaded fuel breaks along roads in order to 
protect resources from potential wildfires will require that this 
standard be reduced to approximately 14 percent for the project area. 
Management Area (MA) 5.4, Big Game Winter Range Emphasis, Objective 
5.4-205 provides for thermal cover for elk, deer and winter turkey 
habitat on at least 20 percent of the forested portions of the 
management area. Standard 5.4-2101 states that thermal cover should not 
be harvested if the planning unit does not meet Objective 5.4-205. In 
order to maintain the health of many of the insect infested

[[Page 69185]]

stands, it is necessary to reduce the basal area so that the remaining 
healthy trees are less stressed and therefore more capable of 
withstanding insect attacks. Reducing the basal area of some of these 
stands will decrease their effectiveness in providing thermal cover. It 
is therefore necessary to temporarily lower the 20 percent standard to 
approximately 14 percent within the project area until the stands are 
treated, recover, and grow to a density that will provide thermal cover 
in the future.
    Management Area 5.4, Big Game Winter Range Emphasis. Standard 5.4-
3203 states that deer and elk habitat effectiveness should at least 
meet the following values: Elk Summer = 54 percent; Elk Winter = 47 
percent; Deer Summer = 45 percent; and Deer Winter = 46 percent. In 
order to meet the purpose and need of this project proposal, it will be 
necessary to amend the Forest Plan, Standard 5.4-3203 to the following 
approximate values: Elk Summer = 47 percent; Elk Winter = 42 percent; 
Deer Summer = 44 percent; and Deer Winter = 40 percent.
    Management Area 3.31, Backcountry Motorized recreation Emphasis. 
Standard 3.31-3202 states that deer and elk habitat effectiveness 
should at least meet the following values: Elk Summer = 40 percent; Elk 
Winter = 35 percent; Deer Summer = 37 percent; and Deer Winter = 33 
percent. In order to meet the purpose and need of this project 
proposal, it will be necessary to amend the Forest Plan, Standard 3.31-
3202 to the following approximate values: Elk Summer = 32 percent; Elk 
Winter = 28 percent; Deer Summer = 28 percent; and Deer Winter = 25 
percent.

Responsible Official

    The responsible official for the Elk Bugs and Fuel Project is John 
C. Twiss, Forest Supervisor, Black Hills National Forest.

Nature of Decision To Be Made

    The Elk Bugs and Fuel environmental impact statement will evaluate 
site specific management proposals, consider alternatives, and analyze 
the effects of the activities proposed in these alternatives. It will 
form the basis for the Responsible Official to determine: (1) Whether 
or not the proposed activities and alternatives are responsive to the 
issues, are consistent with Forest Plan direction, meet the purpose and 
need, and are consistent with other related laws and regulations 
directing National Forest Management Activities; (2) which actions, if 
any, to approve; (3) whether or not the information in the analysis is 
sufficient to implement proposed activities; and (4) whether or not to 
amend the Black Hills National Forest Management Plan, as previously 
described.

Scoping Process

    Comments will be accepted during the 30-day scoping period as 
described in this notice of intent. Comments will be reviewed and 
issues identified. Issues that cannot be resolved by mitigation or 
minor changes to the proposed action may generate alternatives to the 
proposed action. This process is driven by comments received from the 
public, other agencies, and internal Forest Service concerns. To assist 
in commenting, a scoping letter providing more detailed information on 
the project proposal has been prepared and is available to interested 
parties. Contact Carl Leland, Interdisciplinary Team Leader, at the 
address listed in this notice of intent if you would like to receive a 
copy.

Preliminary Issues

    Preliminary Issues were developed based on past projects in the 
area (environmental analysis), issues developed for similar projects, 
and Forest Service concerns and opportunities identified in the Project 
Area. These issues are listed below:
    1. Road management--The Forest Service will complete a Roads 
Analysis, which includes evaluating all roads in the Project Area for 
effects to the ecosystem. The proposed action requires examining the 
road system to determine if the existing road system is adequate (or if 
improvements are needed), and if any roads need to be closed for 
resource protection or other reasons (e.g., water quality, wildlife, or 
recreation opportunities).
    2. Mountain pine beetle and forest health--The spread of mountain 
pine beetle attacks has caused a concern that there could be large-
scale mortality if these areas are not treated.
    3. Prescribed burns, fuels, and wildland-urban interface--There is 
a concern for an increased potential for wildfires where there are 
large areas of unmanaged forest, or where mortality from mountain pine 
beetle infestations has increased fuels.
    4. Wildlife habitat--As evidenced by the proposed Forest Plan 
Amendments, wildlife habitat will fall below present Forest Plan 
Standards in several areas. The Proposed Action was developed by 
weighing the potential effects of the proposed treatments to wildlife 
habitat against the on-going loss of wildlife habitat through mountain 
pine beetle attacks plus the potential effects of the increased risk of 
catastrophic wildfire events. This issue will be fully explored in the 
environmental impact statement. These issues may be modified as 
additional issues are identified during scoping. A range of 
alternatives will be considered after public comments are received and 
analyzed.

Comment Requested

    This notice of intent initiates the scoping process that guides the 
development of the environmental impact statement. Comments that are 
site-specific in nature are most helpful to resource professionals when 
trying to narrow and address the public's issues and concerns.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement will be prepared for 
comment. The comment period on the draft environmental impact statement 
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 
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. 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 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.

[[Page 69186]]

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.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)

    Dated: November 7, 2002.
William G. Schleining,
Acting Forest Supervisor.
[FR Doc. 02-28876 Filed 11-14-02; 8:45 am]
BILLING CODE 3410-11-P