[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Notices]
[Pages 17127-17128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7362]


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DEPARTMENT OF AGRICULTURE

Forest Service


McSutten Decision Area; Kootenai National Forest, Lincoln 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 will prepare an Environmental Impact 
Statement to disclose the environmental effects of timber harvest, 
prescribed burning, and road management in the McSutten Decision Area 
(Decisions Area) on the Rexford Ranger District of the Kootenai 
National Forest. The Decision Area is located approximately 12 miles 
southwest of Eureka, Montana.

DATES: Written comments and suggestions should be postmarked or 
received within 30 days following publication of this notice.

ADDRESSES: Written comments and suggestions concerning the scope of the 
analysis should be sent to Glen M. McNitt, District Ranger, Rexford 
Ranger District, 1299 U.S. Highway 93 N, Eureka, MT 59917.

FOR FURTHER INFORMATION CONTACT: Contact Chris Fox, Interdisciplinary 
Team Leader, Rexford Ranger District. Phone: (406) 296-7155.

SUPPLEMENTARY INFORMATION: The Decision Area contains approximately 
62,200 acres of land within the Kootenai National Forest. Proposed 
activities within the Decision Area include all or portions of the 
following areas: T32-35N, R27-29W, PMM, Lincoln County, Montana.
    All proposed activities are outside the boundaries of any roadless 
area or any areas considered for inclusion to the National Wilderness 
System as recommended by the Kootenai National Forest Plan or by any 
past or present legislative wilderness proposals.
    Purpose and Need: The purpose and need for the project is: (1) 
Reduce fuel accumulations to decrease the likelihood that fires would 
become large stand-replacing wildfires; (2) restore characteristic 
vegetation patterns (patch sizes and stand structure) on the landscape; 
(3) increase habitat for wildlife species that utilize early vegetative 
stages and maintain huckleberry fields over time to provide foraging 
opportunities for wildlife and provide for social needs; (4) provide a 
transportation system that increases security for big game, reduces 
impacts to aquatic resources, improves riparian wildlife habitat, and 
insures economical and safe access; and (5) respond to the

[[Page 17128]]

social and economic needs of the public.
    Proposed Activities: The Forest Service proposes to use 
regeneration harvest (clearcut and seedtree prescriptions) on 
approximately 3,376 acres, and commercial thinning on approximately 
3,299 acres.
    The proposed action would result in 40 openings over 40 acres, 
ranging from 41 to 175 acres. A 60-day public review period, and 
approval by the Regional Forester for exceeding the 40-acre limitation 
for regeneration harvest, would be required prior to the signing of the 
Record of Decision. This 60-day period is initiated with this notice of 
intent.
    The proposed action includes approximately 6,675 acres of 
underburning following timber harvest, and approximately 1,033 acres of 
prescribed burning without timber harvest.
    The proposed action also includes maintenance activities on 
portions of approximately 193 miles of road to meet Best Management 
Practices; decommissioning approximately six miles of roads currently 
restricted year-long to motor vehicles; placing approximately five 
miles of roads, which are currently restricted year-long to motor 
vehicles, in storage; and reconstructing approximately one mile of 
existing road.
    Forest Plan Amendments: The proposed action includes a project-
specific Forest Plan amendment necessary to meet the project's 
objectives:
    An amendment to allow harvest in 41 units adjacent to existing 
openings in Management Area (MA) 12 (Big Game Summer Range). The 
amendment would be needed to suspend Wildlife and Fish Standard 
7 and Timber Standard 2 for this area. These 
standards state that movement corridors and adjacent hiding cover be 
retained. The resulting opening sizes more closely correlate to natural 
disturbance patterns. Snags and down woody material would be left to 
provide wildlife habitat and maintain soil productivity.
    A second amendment to allow the open road density in MA 12 (Big 
Game Summer Range) to be managed at greater than 0.75 miles/square mile 
during project implementation may be required. The amendment would be 
necessary to suspend Facilities Standard 3, which states that 
open road density should be maintained at 0.75 miles/square mile.
    Range of Alternatives: The Forest Service will consider a range of 
alternatives. One of these will be the ``no action'' alternative, in 
which none of the proposed activities will be implemented. Additional 
alternatives will be considered to achieve the project's purpose and 
need for action, and to respond to specific resource issues and public 
concerns.
    Public Involvement and Scoping: In January 2004, efforts were made 
to involve the public in considering management opportunities within 
the Decision Area. A scoping package was mailed for public review on 
January 30, 2004. An open house was held on February 18, 2004. Comments 
received prior to this notice will be included in the documentation for 
the EIS.
    Estimated Dates for Filing: While public participation in this 
analysis is welcome at any time, comments received within 30 days of 
the publication of this notice will be especially useful in the 
preparation of the Draft EIS (DEIS). The DEIS is expected to be filed 
with the Environmental Protection Agency (EPA) and to be available for 
public review by June 2004. At that time EPA will publish a Notice of 
Availability (NOA) of the DEIS in the Federal Register. The comment 
period on the DEIS will be 45 days from the date the EPA publishes the 
NOA in the Federal Register. It is very important that those interested 
in the management of this area participate at that time.
    The final EIS (FEIS) is scheduled to be completed by August 2004. 
In the FEIS, the Forest Service is required to respond to comments and 
responses received during the comment period that pertain to the 
environmental consequences discussed in the DEIS, and applicable laws, 
regulations, and policies considered in making a decision regarding the 
proposal.
    Reviewer's Obligations: The Forest Service believes it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
DEIS' 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.C 519, 553 (1978). Also, environmental objections that 
could be raised at the draft environmental impact statement stage 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 class DEIS 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 and respond 
to them in the FEIS.
    To be most helpful, comments on the DEIS should be as specific as 
possible, and may address the adequacy of the statement or the merit of 
the alternatives discussed. Reviewers may wish to refer to the Council 
on Environmental Quality regulations (40 CFR 1503.3) for implementing 
the procedural provisions of the National Environmental Policy Act.
    Responsible Official: As the Forest Supervisor of the Kootenai 
National Forest, 1101 U.S. Highway 2 West, Libby, MT 59923, I am the 
Responsible Official. As the Responsible Official, I will decide if the 
proposed project will be implemented. I will document the decision and 
reasons for the decision in the Record of Decision. I have delegated 
the responsibility for preparing the DEIS and FEIS to Glen M. McNitt, 
District Ranger, Rexford Ranger District.

    Dated: March 23, 2004.
Bob Castaneda,
Forest Supervisor, Kootenai National Forest.
[FR Doc. 04-7362 Filed 3-31-04; 8:45 am]
BILLING CODE 3410-71-M