[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Notices]
[Pages 6249-6250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2775]


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DEPARTMENT OF AGRICULTURE

Forest Service


Whitetail-Pipestone Travel Management Project, Beaverhead-
Deerlodge National Forest, Jefferson and Silver Bow Counties, MT

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service will prepare an environmental impact 
statement to document the analysis and disclose the environmental 
impacts of a proposed action to develop a travel and access management 
plan for the Whitetail-Pipestone area. The project area is located on 
National Forest System lands east of Interstate 15 from Butte to 
Boulder, southwest of Highway 69 to Hadley Park road, west and north of 
the Hadley Park Road over the Bull Mountain range to the Whitetail 
Road, west of the Whitetail Road to Whitehall, and north of Montana 
Highway 2 from Whitehall to Butte.
    The decision to be made is to define the appropriate road and trail 
systems and the type of uses on them.

DATES: Initial comments concerning the scope of the analysis should be 
received in writing no later than march 15, 2004.

ADDRESSES: The responsible official is Forest Supervisor Thomas K. 
Reilly, Beaverhead-Deerlodge National Forest, Dillon, Montana. Please 
send comments to Eric Tolf, 3 Whitetail Road, Whitehall, MT 59759. 
Comments may be electronically submitted to [email protected].

FOR FURTHER INFORMATION CONTACT: Eric Tolf, project leader, 3 Whitetail 
Road, Whitehall, MT 59759, or phone (406) 287-3223, or by email to 
[email protected].

SUPPLEMENTARY INFORMATION: The purpose of this action is to define a 
transportation system (roads and trails) to provide a variety of 
motorized and non-motorized recreation opportunities. A condition of 
this transportation system is that it can be properly maintained.
    The project area is located in T. 2 N.-T. 5 N., R 7 W.-R. 4 W. The 
scope of this proposal is limited to access and travel management 
actions to accomplish the purpose and need.
    Public participation is important to this analysis. Part of the 
goal of public involvement is to identify additional issues and to 
refine the general, tentative issues. A scoping notice describing the 
proposal will be mailed to those who request information on these types 
of activities on the Beaverhead-Deerlodge National Forests. Preliminary 
issues identified by the Forest Service include:
    (1) Motorized and non-motorized recreation--the existing 
transportation system does not provide for a mix of quality 
recreational experiences for both motorized and non-motorized users.
    (2) Road and trail safety--safety concerns exist along roads 
utilized by both full-sized vehicles and off-highway vehicles, and 
hazards on low standard roads and trails.
    The analysis will consider all reasonably foreseeable activities. 
The interdisciplinary team has not yet developed alternatives to the 
proposed action. Alternatives will be developed based on the key issues 
identified through scoping.
     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 organization 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 identification of 
issues and alternative development.
     The draft EIS is anticipated to be available for review in May 
2004. The final EIS is planned for completion in December 2004.
     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 environmental impact statement will 
begin the day following the date of publication of 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

[[Page 6250]]

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 the 
Record of Decision.

    Dated: February 3, 2004.
Thomas K. Reilly,
Forest Supervisor.
[FR Doc. 04-2775 Filed 2-9-04; 8:45 am]
BILLING CODE 3410-11-M