[Federal Register Volume 68, Number 107 (Wednesday, June 4, 2003)]
[Notices]
[Pages 33460-33463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13964]


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DEPARTMENT OF AGRICULTURE

Forest Service


Land Between The Lakes National Recreation Area; Land and 
Resources Management Plan; Trigg and Lyon Counties, KY, Stewart County, 
TN

AGENCY: Forest Service, USDA.

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

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SUMMARY: The USDA Forest Service intends to prepare an environmental 
impact statement (EIS) in conjunction with development of a Land and 
Resources Management Plan (hereafter, ``LRMP'' or ``Area Plan'') for 
Land Between The Lakes National Recreation Area (hereafter ``LBL'' or 
``Area''). The Area Plan will be prepared pursuant to requirements of 
16 U.S.C. 1600 et seq.; the planning process will be initiated under 
the 1982 version of the Forest Service planning regulations (36 Code of 
Federal Regulations 219 et seq., as is provided for at 36 CFR 219.35(b) 
of the current regulations). The EIS will be prepared pursuant to 
requirements of 42 U.S.C. 4321 et seq. and 40 CFR 1500-1508. This 
notice identifies topics that will help focus our planning effort, 
displays the estimated dates for filing a Draft Environmental Impact 
Statement (DEIS), provides information concerning public participation, 
and provides the names and addresses of the responsible agency official 
and the individuals who can provide additional information.

DATES: Comments concerning the scope of the analysis must be received 
in writing on or before July 21, 2003. The draft environmental impact 
statement is expected by March, 2004 and the final environmental impact 
statement is expected by November, 2004.

ADDRESSES: Send written comments to Area Planner, Land Between The 
Lakes National Recreation Area, 100 Van Morgan Drive, Golden Pond, 
Kentucky 42211. Information also will be posted on the LBL Web page at 
http://www2.lbl.org/lbl/ADMIN/plan.htm. Electronic mail should be sent 
to [email protected].

FOR FURTHER INFORMATION CONTACT: Barbara Wysock, Area Planner, at (270) 
924-2161.

SUPPLEMENTARY INFORMATION:
    Background--The Setting: Located in western Kentucky and Tennessee, 
LBL encompasses 170,000 acres of rolling forested hills abundant with 
wildlife; more than 300 miles of undeveloped shoreline; 281 miles of 
trails, campgrounds, interpretive and educational facilities, and 
numerous lake access areas. Annual visitation to the Area averages 
around two million people. About 30 million people can reach LBL within 
5-6 hours, and one-third of the population of the United States is only 
a day's drive away. LBL is bounded on the west by Kentucky Lake (an 
impoundment of the Tennessee River) and on the east by Lake Barkley (an 
impoundment of the Cumberland River). A canal that constitutes LBL's 
northern boundary connects the two lakes; the southern boundary is 
located just north of the community of Dover, Tennessee. President 
Kennedy established LBL by Executive Order in 1963.
    Title V of Public Law 105-277 (commonly known as the ``LBL 
Protection Act of 1998'', enacted October 28, 1998) transferred 
administrative jurisdiction of LBL from the Tennessee Valley Authority 
(TVA) to the United States Forest Service. The purposes for LBL as set 
forth in the Act include the following: (a) To protect and

[[Page 33461]]

manage the resources of the National Recreation Area for optimum yield 
of outdoor recreation and environmental education through multiple use 
management; (b) to authorize, research, test, and demonstrate 
innovative programs and cost-effective management; (c) and to help 
stimulate the development of the surrounding region and extend the 
beneficial results as widely as practicable.
    Current LBL Management Plan and Planning Regulations: The LBL 
Protection Act of 1998 directed the Forest Service to prepare an LRMP 
for LBL that conforms to the National Forest Management Act of 1976 
(NFMA). The Act also provided that the Forest Service could continue to 
use the existing TVA Natural Resources Management Plan as appropriate 
to provide management direction for LBL until such time as an LRMP is 
adopted. By virtue of this fact, the preparation of the Area Plan is 
thus subject to the planning regulations contained in 36 CFR 219 et 
seq.
    On May 20, 2002 the Department issued an interim final rule to 
extend the date by which LRMPs would otherwise be subject to the 
November 2000 regulations (67 FR 35431). The interim final rule allows 
units of the National Forest System to continue to use the 1982 version 
of the 36 CFR 219 regulations until such time as a revision to the 
November 2000 rule is adopted. Accordingly, LBL will develop the Area 
plan under the 1982 regulations.
    The Role of the Area Plan: The Area Plan will guide the overall 
management of LBL to achieve Area-wide goals and objectives (or desired 
conditions). The Area Plan will be analogous to a county or municipal 
zoning plan. The results of these management goals will contribute to 
ecological sustainability, as well as to stimulate the development of 
local communities affected by LBL management activities. By direction 
of the LBL Protection Act of 1998, the Plan will have these emphases: 
Public recreational opportunities; conservation of fish and wildlife 
and their habitat; provision for diversity of native and desirable non-
native plants, animals; opportunities for hunting and fishing; and 
environmental education. Decisions made in the Area Plan do not compel 
the agency to undertake particular site-specific projects and, thus, do 
not normally make any irreversible or irretrievable commitment of 
resources. The Area Plan, however, will strive to achieve these 
provisions; establish limitations on what actions may be authorized; 
prescribe the general distribution of activities across the landscape; 
and provide standards for conditions project decisions will meet. The 
following six decisions will be made in the Area Plan:
    [sbull] Area-wide multiple-use goals and objectives. Goals describe 
a condition to be achieved sometime in the future. Objectives are 
concise, time-specific statements of measurable planned results that 
respond to the goals.
    [sbull] Area-wide management requirements. These are standards for 
management activities, or advisable courses of action that apply across 
the entire area.
    [sbull] Management area direction applying to future activities in 
each management area. This is the desired condition specified for 
certain portions of the Area, and the standards to help achieve that 
condition.
    [sbull] Lands suited and not suited for natural resource 
management.
    [sbull] Monitoring and evaluation requirements to gauge how well 
the plan is being implemented.
    [sbull] Recommendations to Congress, such as wilderness 
designation, if any. It should be noted that these requirements are 
cited from the 1982 36 CFR 219 planning regulations.

Purpose and Need for Action

    As discussed above, both the National Forest Management Act and the 
LBL Protection Act of 1998 require that an LRMP be prepared for the 
Area. The Area Plan will provide a blueprint to guide management 
decisions within the Area for a period of 10-15 years after the Plan is 
developed and approved. In addition to satisfying legal requirements, 
the Area Plan is necessary because:
    1. TVA's 1994 Natural Resources Management Plan for LBL does not 
fully address planning regulations and policy required of the Forest 
Service. The plan also does not provide adequate guidance on some of 
the issues discussed below.
    2. Certain resource conditions, trends, and visitor use patterns 
have changed during the past nine years. The new Area Plan will provide 
a conduit to incorporate new information and to address the changed 
conditions.

Proposed Action

    Develop an Area plan that will meet the requirements of the 
National Forest Management Act and address the public issues.

Possible Alternatives

    The actual alternatives presented in the DEIS will portray a full 
range of responses to the significant issues. The DEIS will examine the 
effects of implementing strategies to achieve desired conditions and 
will develop management objectives that would move LBL toward those 
desired conditions. A preferred alternative will be identified in the 
DEIS. The range of alternatives presented in the DEIS will include one 
that continues current management direction (that is, a ``no action'' 
alternative) and others that will address the range of issues developed 
in the scoping process.

Responsible Official

    The Regional Forester for the Southern Region, located at 1720 
Peachtree Street, NW., Atlanta, Georgia 30309, is the Responsible 
Official.

Nature of Decision To Be Made

    The decision to be made and documented in a Record of Decision will 
be an Area plan that will meet the requirements of the National Forest 
Management Act and address all of the significant public issues 
developed through scoping.

Scoping Process

    Public participation will be sought throughout the revision 
process, but will be particularly important at specific points along 
the way. The first formal opportunity to comment is during the scoping 
process. Scoping for the LBL Area Plan/EIS will include identifying 
visions for the future of the Area, as well as issues that should be 
addressed in the Area Plan/EIS. Scoping for the LBL Area Plan/EIS will 
be conducted in phases. The first phase is intended to encourage the 
public to describe their vision for the future of the Area. The 
following five public workshops are scheduled during this phase. 
Background information or announcements of additional meetings will be 
issued in news releases and on the LBL Web site. Requests to be added 
to the project mailing list can be directed to the Area Planner at the 
address above.

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                   Date                               Time                             Location
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Saturday, June 28, 2003...................  1 p.m. to 5 p.m........  Lakeland Jamboree, Cadiz, Kentucky.
Monday, June 30, 2003.....................  6:30 p.m. to 9:30 p.m..  Weaks Community Center, Murray, Kentucky.

[[Page 33462]]

 
Tuesday, July 1, 2003.....................  6:30 p.m. to 9:30 p.m..  Mayfield Extension Office, Benton,
                                                                      Kentucky.
Thursday, July 10, 2003...................  6:30 p.m. to 9:30 p.m..  Dover Elementary School, Dover, Tennessee.
Saturday, July 12, 2003...................  1 p.m. to 5 p.m........  Lee S. Jones Community, Bldg, 304, Lee S.
                                                                      Jones Park Road (In The Park).
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Preliminary Issues

    The following is a summary of the preliminary issues. They are the 
product of the deliberations of Forest Service staff, historical input 
received from users of LBL, interested groups, and government agencies; 
as well as reviews of laws, regulations, policies, existing LBL plans, 
and scientific information. Additional information on these topics may 
be found by contacting LBL as stated above.
    The following issues will evolve based on public input received 
through the scoping process. Some issues identified during scoping may 
not be appropriate for decision at the Plan level. Some may be more 
appropriate for project level decisions or be addressed through other 
processes outside of the land management planning process.

1. Recreation and Environmental Education

    A primary part of the mission of LBL is to protect and manage the 
resources of LBL for optimum yield of outdoor recreation and 
environmental education for the American people. The 1994 NRMP 
addresses program objectives and guidelines for the management of 
natural resources, but does not adequately address the strategies for 
recreation and environmental education. These strategies must be 
articulated to accomplish the emphases of the LBL Protection Act and 
the requirements of NFMA. LBL receives over two million visits 
annually. Sightseeing is the primary attraction for visitors (33%), 
followed by fishing (19%), camping (12%), and hunting (10%). (TVA 1987) 
Less than 4%, or 6,400 acres, of LBL is developed with facilities for 
recreation, environmental education, or administration. Examples of 
special interest areas in LBL include Turkey Bay Off Highway Vehicle 
(OHV) area, Elk & Bison Prairie, Wranglers Campground, and Brandon 
Spring Group Center.
    Issue: Management direction for the recreation resource must be 
added to the area plan. Should the current recreation-related services 
be maintained, increased, or decreased in the new plan to provide 
optimum yield of outdoor recreation, environmental education, and 
stimulation of regional economies?

2. Vegetation Management Practices

    Forests: The current condition of LBL's 151,550 acres of forestland 
is largely the oak/hickory cover type (80%). The remaining 20% include 
cover types of maple/beech, pine and others.
    LBL currently manages for a predominantly oak/hickory forest for 
these purposes: wildlife habitat; enhanced visual quality; increased 
environmental awareness about the use of environmentally responsible 
management practices; research methods and techniques in ecosystem 
management; and demonstration of sustainable forest management's 
compatibility with other uses.
    The following methods are currently used to achieve these stated 
objectives: even-aged management; uneven-aged management; timber stand 
improvement; passive forest management for the biosphere reserve core 
areas; and deferred management where the determination of a management 
category has not been made.Open Lands: Approximately 12,050 acres (7%) 
of the land at LBL is in open land. LBL currently manages the open land 
to enhance viewing of the forest and lakes, provide early successional 
habitat for wildlife, and provide for native species restoration.
    Issue: How will the vegetation on LBL be managed and what desired 
conditions would contribute best to the optimum yield of outdoor 
recreation, environmental education, and stimulation of regional 
economies?

3. Special Designations

    LBL will evaluate areas for possible addition to a roadless 
inventory. This inventory would contain any areas that are suitable for 
recommendation in the Plan and subsequent Wilderness designation by 
Congress. NFMA requires that the Area conduct an inventory of these 
suitable areas and consider making recommendations in the Plan for 
Wilderness.
    LBL currently maintains specially designated wildlife refuge areas 
and biosphere reserve core areas. Bear Creek (180 acres), Long Creek 
(40 acres), and Prior Creek (5 acres) Waterfowl Management Units are 
wetlands to provide habitat for shorebirds and migrating waterfowl. 
Approximately 42,500 acres of LBL land is placed in protected status 
under the UNESCO international biosphere reserve designation. Wildlife 
refuges and no-hunting areas are maintained on approximately 12,250 
acres.
    Issue: Should areas with special management designation continue to 
be managed under these designations or be changed? Should additional 
areas be designated for special management?

Comment Requested

    This notice of intent initiates the scoping proces which guides the 
development of the environmental impact statement. The public 
involvement process creates an atmosphere of openness where all members 
of the public are free to share information with the Forest Service on 
a regular basis. The Forest Service is seeking information, ideas, 
comments, and assistance from individuals, organizations, tribal 
governments, and federal, state, and local agencies that may be 
interested or affected by the proposed action. Public participation 
will be solicited by notifying (in person, by mail, and/or by e-mail) 
known interested and affected publics. News releases will be used to 
inform the public of various steps of the planning process and 
locations of public involvement opportunities. This information also 
will be listed on the LBL Web site. Public participation opportunities 
include written comments, open houses, focus groups, and collaborative 
forums.
    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 90 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.

[[Page 33463]]

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 90-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.
    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: May 29, 2003.
Roberta A. Moltzen,
Deputy Regional Forester, NR.
[FR Doc. 03-13964 Filed 6-3-03; 8:45 am]
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