[Federal Register Volume 68, Number 71 (Monday, April 14, 2003)]
[Notices]
[Pages 17906-17907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9010]


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DEPARTMENT OF AGRICULTURE

Forest Service


Basin Creek Fuels Reduction Project, Beaverhead-Deerlodge 
National Forest, Silver Bow, County, MT

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: The USDA, Forest Service, Beaverhead-Deerlodge National 
Forest, will prepare an Environmental Impact Statement (EIS) to 
document the analysis and disclose the environmental impacts of 
proposed vegetation treatments in the Basin Creek watershed south of 
Butte, Montana.
    The project area is located in the southern half of the Basin Creek 
watershed within the Highland Mountains in southwestern Montana 
(Township 2 North, Range 7 West sections 29, 31, 32; Township 1 North, 
Range 7 West, sections 5-8, 17-20; Township 1 North, Range 8 West, 
sections 1-4, 9-12, 13-16, 21-24; and Township 2 North, Range 8 West, 
section 23).
    The Beaverhead-Deerlodge National Forest is proposing to treat 
forested areas in the Basin Creek Project Area to reduce the likelihood 
of high intensity rapidly spreading fire to reduce risks to fire 
fighter and public safety, private property, and water quality in the 
Basin Creek Municipal Watershed. The proposed action will reduce high 
levels of wildland fuels in two main areas of concern, a 3,900-acre 
area southwest of the Roosevelt Drive subdivision and a 9,000-acre area 
in the Basin Creek Municipal watershed. Treatments would include up to 
1,500 acres of slashing, burning, and timber harvest in the area below 
the Roosevelt Drive subdivision. No permanent road construction is 
proposed in this area; however, there may be some need for temporary 
roads. Close coordination with the local homeowners will occur in the 
specific design of treatments.
    A large portion (5,700 acres) of the municipal watershed is in an 
inventorized roadless area. Fire simulation models are being used to 
determine where treatments would be the most effective in slowing fire 
while minimizing the number of acres needing to be treated. Modeling 
has not been completed at this time, therefore, no

[[Page 17907]]

estimate of number of acres is known at this time. No permanent or 
temporary road construction is proposed within the inventorized 
roadless area.
    Reconstruction of the Herman Gulch Road is being considered to 
improve the route for firefighter and public access during emergency 
situations and address soil erosion issues.
    No treatments would be proposed within INFISH defined riparian 
habitat conservation areas. No treatment within old-growth forest is 
planned.
    Alternatives: This EIS will evaluate alternative methods to meet 
the designated Purpose and Need for the action:
    1. Minimize the risks to water quality in the event of wildland 
fire in the Basin Creek Municipal Watershed.
    2. Reduce the potential of damage to public and private property 
and structures within the project area from wildland fire.
    3. Modify vegetative conditions to increase firefighter and public 
safety.

At least one alternative will exclude any treatments within the 
inventorized roadless area. As required by NEPA, a ``no action'' 
alternative will be analyzed as a baseline for gauging the potential 
impacts of action alternatives. Forest Plan Visual Quality Objectives 
for the project area are fairly restrictive. Proposed treatments may 
require a Forest Plan amendment.
    Public Involvement: The public will be invited to comment on the 
Draft EIS during a public open house, field trip, and in writing to the 
Beaverhead-Deerlodge National Forest. The location and time of the open 
house and time of the site field visit will be announced in the local 
news media, as dates are determined. The public may contact the Forest 
to have their name added to a project mailing list.

DATES: Initial comments concerning the scope of the analysis should be 
received in writing no later than 30 days from the publication of this 
notice of intent.

ADDRESSES: The responsible official is Dale Bosworth, Chief of the 
Forest Service. Please send written comments to Thomas K. Reilly, 
Forest Supervisor, 420 Barrett Street, Dillon, MT 59725. Comments may 
also be electronically submitted to [email protected].

FOR FURTHER INFORMATION CONTACT: Steve Egeline, Acting Butte District 
Ranger, Beaverhead-Deerlodge National Forest, 1820 Meadowlark Lane, 
Butte, MT 59701, or phone (406) 494-0219.

SUPPLEMENTARY INFORMATION: Public participation is important to this 
analysis. Part of the goal of public involvement is to identify 
additional issues and to refine general issues. Scoping notices were 
mailed to the public on March 29, 2002 and February 11, 2003.
    People may visit with Forest Service officials at any time during 
the analysis and prior to the decision. Two periods are specifically 
designated for comments on the analysis: (1) during the scoping 
process, and (2) during the draft EIS period.
    During the scoping process, the Forest Service seeks additional 
information and comments from individuals or organizations that may be 
interested in or affected by the proposed action, and federal, state, 
and local agencies. The Forest Service invites written comments and 
suggestions on this action, particularly in terms of issues and 
alternative development.
    The draft EIS is anticipated to be available for review in June 
2003. The final EIS planned for completion in December 2003.
    The Environmental Protection Agency will publish the notice of 
availability of the draft Environmental Impact Statement in the Federal 
Register. The Forest will also publish a legal notice of its 
availability in the Montana Standard Newspaper, Butte, Montana. A 45-
day comment period on the draft EIS will begin the day after the legal 
notice is published.
    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. 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.
    The responsible official will make the decision on this proposal 
after considering comments and responses, environmental consequences 
discussed in the final EIS, applicable laws, regulations, and policies. 
The decision and reasons for the decision will be documented in a 
Record of Decision.

    Dated: April 7, 2003.
Thomas K. Reilly,
Forest Supervisor.
[FR Doc. 03-9010 Filed 4-11-03; 8:45 am]
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