[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Notices]
[Pages 50746-50747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21567]


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DEPARTMENT OF AGRICULTURE

Forest Service


Curry and Hill Private Property Access, Medicine Bow-Routt 
National Forests, Jackson County, CO

AGENCY: USDA, Forest Service.

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

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SUMMARY: The Forest Service will prepare an Environmental Impact 
Statement (EIS) to assess and disclose the environmental effects of 
issuing a road easement to allow motorized access to private property 
surrounding Matheson Reservoir. Matheson Reservoir and the Curry and 
Hill private property are located in Township 4 North, Range 79 West, 
Section 19 on the Parks Ranger District of the Routt National Forest in 
Colorado.
    Proponents have requested a road easement for year-round motorized 
access across National Forest System (NSF) lands to their property for 
non-commercial purposes. Access would be granted through the Alaska 
National Interest Lands Conservation Act of 1980 (Pub. L. 96-487). As 
proposed, the proponents would access NFS lands in Township 3 North, 
Range 79 West, Section 8 and proceed north approximately 5 miles to 
Township 4 North, Range 79 West, Section 19 utilizing National Forest 
System Trail 58, also known as the Grimes Trail. The Grimes Trail has 
been closed to motorized use since 1994, and major improvements would 
be necessary to accommodate full-size vehicles.
    The portion of the Grimes Trail that accesses the private land is 
located in a non-motorized management area prescription (1.32, 
Backcountry Recreation, Non-motorized). It is also located in the 
Troublesome Inventoried Roadless Area. For these reasons, authorization 
of a road easement would require an amendment to the Routt National 
Forest Land and Resource Management Plan (Forest Plan, 1997).
    The purpose for this action is to decide the type of access Curry 
and Hill need to secure reasonable use and enjoyment of their land in 
Section 19, T4N, R79W. Reasonable use per 36 CFR 251.114(a) is ``based 
on contemporaneous uses made of similarly situated lands in the area.''
    The need for the action is to respond to Curry and Hill's request 
that the Forest Service issue an easement for motorized use of the 
Grimes Trail. The Forest Service must also determine the terms and 
conditions under which the proponents may access the Curry and

[[Page 50747]]

Hill private property while protecting National Forest resources and 
improvements.
    The Forest Service is giving notice that it is beginning a full 
environmental analysis and decision-making process for this proposal so 
that potentially interested or affected individuals, agencies, or 
organizations can participate in the process and contribute to the 
final decision. All comments and suggestions on the scope of the 
analysis and decision-making process are welcome.

DATES: Public scoping to determine the effects of issuing a road 
easement for the Grimes Trail is initiated through publication of this 
Notice of Intent in the Federal Register. Written comments and 
suggestions should be postmarked within 30 days of the day after this 
notice is published in the Federal Register to receive consideration. A 
draft EIS that will have a 45-day public comment period is expected in 
November 2003. A final decision is expected in March 2004.

ADDRESSES: Send written comments to Melissa Martin, Medicine Bow-Routt 
National Forests Supervisor's Office, 2468 Jackson Street, Wyoming 
82070. Electronic mail (e-mail) may be sent to [email protected] and 
FAX may be sent to (307) 745-2398. Telephone: (307) 745-2371.

FOR FURTHER INFORMATION CONTACT: Tom Florich, Recreation and Lands 
Program Manager, Medicine Bow-Routt National Forests, 2468 Jackson 
Street, Laramie, Wyoming 82070. Telephone: (307) 745-2435.

SUPPLEMENTARY INFORMATION: Curry and Hill had been accessing their 
private land north off of County Road 2, located in Jackson County, 
Colorado, through another private landowner's property, through BLM 
land, onto NFS land. Although Curry and Hill claim access was deeded 
through the other private landowner on April 30, 1918, the private 
landowner has been denying Curry and Hill access. Litigation is 
currently pending to determine whether or not Curry and Hill have legal 
access across this private land. The Grimes Trail has been closed to 
motorized use since 1994.
    Since the matter of reasonable access to this inholding must be 
resolved, subject to rules and regulations, the Forest Service has 
decided that it would be prudent to address the proposal at this time.

Preliminary Alternatives: Proposed Action--Road Easement

    Authorization: Under the Proposed Action, the Forest Service would 
issue a road easement for year-round motorized access across National 
Forest System (NFS) lands to the Curry and Hill private property for 
non-commercial purposes. As proposed, the proponents would access NFS 
lands in Township 3 North, Range 79 West, Section 8 and proceed north 
approximately 5 miles to Township 4 North, Range 79 West, Section 19 
utilizing National Forest System Trail 58, also known as the Grimes 
Trail. The Grimes Trail has been closed to motorized use since 1994, 
and major improvements would be necessary to accommodate full-size 
vehicles.
    The portion of the Grimes Trail that accesses the private land is 
located in a non-motorized management area prescription (1.32, 
Backcountry Recreation, Non-motorized). It is also located in the 
Troublesome Inventoried Roadless Area. For these reasons, authorization 
of a road easement would require an amendment to the Routt National 
Forest Land and Resource Management Plan (Forest Plan, 1997).
    Alternative Access: The Forest Service would authorize access to 
the private land from the north in a motorized portion of National 
Forest. Access would be off of State Highway 125 to National Forest 
Service Road (NFSR) 106, also known as the Willow Creek Road. From 
there, access would be off of NFSR 730 to NFSR 107. NFSR 107 terminates 
where it intersects Sheep Creek and connects with Trail 57 on the other 
side. Trail 57 crosses a riparian area before entering the private 
land. To avoid the riparian area, roughly \3/4\ of a mile of road 
construction would be necessary.
    No Action: The Forest Service would deny request for the easement 
and would issue an Off-road Vehicle Use permit for limited use of All 
Terrain Vehicles (ATVs) on the Grimes Trail. No improvements to the 
Grimes Trail would be necessary.
    Preliminary Issues: The following preliminary issues have been 
identified:
    [sbull] Roadless area road construction/reconstruction (motorized 
access in a non-motorized prescription).
    Decisions To Be Made: The Forest Service is required to provide, 
subject to reasonable rules and regulations, access across NFS lands as 
deemed adequate for landowner's reasonable enjoyment of their property. 
However, the Forest Service is not required to provide the most direct, 
economical, or convenient route for the landowner. The Forest Service 
must assure that the access provided is acceptable within the 
guidelines of the Forest Plan.
    Based on the above information, the environmental effects of the 
alternatives, and the comments submitted during the public 
participation process, the responsible official must decide:
    [sbull] Whether or not to provide access across NFS land currently 
located in a non-motorized management area prescription (Proposed 
Action) or to require alternate access; and
    [sbull] The terms and conditions under which the proponents may 
access the Curry and Hill private property while also protecting the 
surface natural resources in the area.
    Reviewer Obligations: The comment period for this proposal will be 
30 days from the day after this Notice of Intent is published in the 
Federal Register.
    Release of Names: Comments received in response to this 
solicitation, including names and addresses of those who comment, will 
be considered part of the public record on this Proposed Action and 
will be available for public inspection. Comments submitted anonymously 
will be accepted and considered; however, those who submit anonymous 
comments will not have standing to appeal the subsequent decision under 
36 CFR parts 215 or 217. Additionally, pursuant to 7 CFR 1.27(d), any 
person may request the agency to withhold a submission from the public 
record by showing how the Freedom of Information Act (FOIA) permits 
such confidentiality. Persons requesting such confidentiality should be 
aware that, under the FOIA, confidentiality may be granted in only very 
limited circumstances, such as to protect trade secrets. The Forest 
Service will inform the requester of the agency's decision regarding 
the request for confidentiality, and where the request is denied, the 
agency will return the submission and notify the requester that the 
comments may be resubmitted with or without name and address within ten 
(10) days.
    Responsible Official: The responsible official is the Forest 
Supervisor of the Medicine Bow-Routt National Forests.
    As the Responsible Official, I will decide which, if any, of the 
alternatives to be described in the draft Environmental Impact 
Statement will implemented. I will document the decision and reasons 
for my decision in a Record of Decision.

    Dated: August 15, 2003.
Mary H. Peterson,
Medicine Bow-Routt National Forests.
[FR Doc. 03-21567 Filed 8-21-03; 8:45 am]
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