[Federal Register Volume 69, Number 168 (Tuesday, August 31, 2004)]
[Notices]
[Page 53038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19837]


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DEPARTMENT OF AGRICULTURE

Forest Service


Pattee Canyon Weed Management Project, Lolo National Forest, 
Missoula County, MT

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Missoula Ranger District of the Lolo National Forest is 
proposing activities to control invasive weeds on approximately 2,500 
acres of land near Missoula, Montana. The purpose of the project is to 
enhance and maintain desirable native vegetation and to maintain big-
game winter range.
    Proposed actions include aerial and ground application of 
herbicides, controlled release of approved biological control agents, 
and revegetation by seeding. These activities will be conducted along 
with ongoing programs to prevent invasive species and to educate the 
public.
    Preliminary issues identified include the effectiveness of the 
proposed treatments, potential risks to human health and safety 
associated with herbicides, and the potential adverse effects of 
herbicides on native vegetation.

DATES: Comments about this proposal should be received within 45 days 
of the publication of this notice.

ADDRESSES: The USDA Forest Service is the lead agency for preparing 
this EIS. The Forest Service will consult with the U.S. Fish and 
Wildlife Service when making this decision. The responsible official is 
Maggie Pittman, Acting District Ranger, Missoula Ranger District, Lolo 
National Forest, Building 24A, Fort Missoula, Missoula, MT 59804.

FOR FURTHER INFORMATION CONTACT: Andy Kulla, Resource Assistant, 
Missoula Ranger District, at (406) 329-3962, or e-mail 
[email protected]. Please direct written comments to Maggie Pittman at 
Missoula Ranger District, Building 24A, Fort Missoula, Missoula, MT 
59804, or e-mail [email protected].

SUPPLEMENTARY INFORMATION: Most of the lands proposed for treatment 
were recently acquired by the federal government. Before the government 
acquired these lands, registered herbicides were periodically applied 
to them by air to control invasive species. These applications were 
partially effective, so the lands have retained a large component of 
native vegetation. However, within the project area are expanding 
populations of leafy spurge, Dalmation toadflax, spotted knapweed, 
sulfur cinquefoil, Canada thistle, musk thistle, cheat grass and other 
invasive species. Without active control measures, these invasive weed 
populations will expand further, replacing native vegetation and 
decreasing the suitability of the lands as big game winter range.
    In 2001, the Lolo National Forest prepared and implemented a Big 
Game Winter Range and Burned Area Weed Management Project. That project 
authorized similar control treatments on ecologically equivalent lands 
across 21,750 acres. Treatments authorized by that EIS have been 
monitored to determine their effectiveness in controlling invasive 
species and their effects on other resources. This EIS will rely on the 
effects analyses disclosed in that EIS. This project will also rely on 
monitoring results to support disclosures of site-specific effects 
anticipated.
    The Forest Service believes it is important to give reviewers 
notice at this early stage of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft EIS's must structure their participation in the environmental 
review of the proposal so that it is meaningful and alerts the agency 
to the reviewer's position and contentions. Vermont Yankee Nuclear 
Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Secondly, environmental 
objections that could be raised at the draft EIS stage but are not 
raised until after completion of the final EIS 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 people 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 EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns about the proposed action, comments on the draft EIS 
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 EIS 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 draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and available for public review in December 
2004. At that time, the EPA will publish a Notice of Availability of 
the draft EIS in the Federal Register. The comment period on the draft 
EIS will be 45 days from the date of the EPA's notice of availability 
in the Federal Register.
    The final EIS is scheduled to be completed by February 2005.

    Dated: August 24, 2004.
Maggie Pittman,
Acting District Ranger, Missoula District, Lolo National Forest.
[FR Doc. 04-19837 Filed 8-30-04; 8:45 am]
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