[Federal Register Volume 70, Number 77 (Friday, April 22, 2005)]
[Notices]
[Pages 20856-20857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8083]


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DEPARTMENT OF AGRICULTURE

Forest Service


Monongahela National Forest, West Virginia, Allegheny Wood 
Products Easement EIS

AGENCY: Forest Service, USDA.

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

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SUMMARY: The USDA Forest Service, Monongahela National Forest intends 
to prepare an Environmental Impact Statement (EIS) to disclose the 
environmental consequences of authorizing an easement on National 
Forest System lands. In the EIS, the USDA Forest Service will address 
the potential environmental impacts of authorizing the use of an 
existing abandoned railroad grade to provide reasonable access to a 
landowner to private lands in the Blackwater Canyon area of Tucker 
County, West Virginia. See the SUPPLEMENTARY INFORMATION section for 
the Purpose and Need for this action.

DATES: Comments concerning the scope of the analysis must be received 
by May 31, 2005. The draft environmental impact statement is expected 
August, 2005, and the final environmental impact statement is expected 
November 2005.

ADDRESSES: Send written comments to Bill Shields, NEPA Coordinator, 
Monongahela National Forest, 200 Sycamore Street, Elkins, West Virginia 
26241. Send electronic comments to [email protected]. See SUPPLEMENTARY INFORMATION section for 
information on how to send electronic comments.

FOR FURTHER INFORMATION CONTACT: Bill Shields, Forest NEPA Coordinator, 
Monongahela National Forest, USDA Forest Service; telephone: 304-636-
1800 extension 287. See address above under ADDRESSES. Copies of the 
documents may be requested at the same address. Another means of 
obtaining information is to visit the Forest Web page at http//
www.fs.fed.us/r9/monongahela--click on ``Forest Planning'' then scroll 
down to Proposed Actions, the AWP Easement EIS.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The Alaska National Interest Lands Conservation Act (ANILCA) states 
that the Secretary of Agriculture ``shall provide such access to non-
federally owned land within the boundaries of the National Forest 
System as the Secretary deems adequate to secure to

[[Page 20857]]

the owner the reasonable use and enjoyment thereof * * *'' (Sec.  1323) 
The responsibility and authority to grant access has been delegated 
from the Secretary to the Forest Supervisor. Allegheny Wood Products 
(AWP) has requested access consistent with the ANILCA and the Federal 
Land Policy and Management Act of 1976 (FLPMA) to manage the timber 
resources on their land between the Blackwater River and the railroad 
grade through Blackwater Canyon. Management activities on the private 
land would include timber stand improvement, commercial thinnings, and 
forest protection from insects, disease, and wildfire. There is no 
deeded access to the AWP property. The land is steep, and is bounded on 
the south by the Blackwater River. The only reasonable access to the 
AWP property is via the railroad grade through the Canyon, a portion of 
which AWP is a half owner. The federal government owns the other half 
of the grade, which is administered by the Forest Service as part of 
the Monongahela National Forest.
    Goal XIV of the Monongahela National Forest Land and Reserve 
Management Plan (Forest Plan) states ``Permit use of National Forest 
land by others, under special use or lease authorities, that is 
compatible with National forest goals and objectives and will 
contribute to the improved quality of life for local residents.''
    This authorization is needed to move towards goal XIV of the Forest 
Plan.

Proposed Action

    The Forest Service is proposing to authorize an easement for the 
railroad grade in Blackwater Canyon to Alleghany Wood Products for the 
management of their timbered property. This authorization would include 
the need for additional improvement of sections of the road to allow 
motorized vehicle use.

Responsible Official

    Clyde Thompson, Forest Supervisor, Monongahela National Forest; 200 
Sycamore Street; Elkins, West Virginia 26241.

Nature of Decision To Be Made

    The decision to be made is how to provide access for Alleghany Wood 
Products to their property adjacent to National Forest System Lands. 
While the No Action alternative will be considered in the analysis, 
selection of this alternative is precluded by the requirements of the 
ANILCA.

Scoping Process

    Scoping will be initiated by the posting of this notice in the 
Federal Register. Scoping letters will be mailed to interested parties 
requesting input from members of the public. Upon completion of the 
Draft Environmental Impact Statement (DEIS), comments will be solicited 
through a Notice of Availability in the Federal Register and a mailing 
of the DEIS to those members of the public who have responded to our 
scoping efforts and other interested parties.

Preliminary Issues

    There are several historic properties along the railroad grade 
which are eligible for inclusion in the National Register of Historic 
Places. Repeated use of this road by motorized equipment has the 
potential to damage to these historic properties. In addition, the 
railroad grade may be eligible for inclusion in the National Historic 
Register.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement. In November, 
2002 a scoping letter was sent to members of the public regarding this 
project. At that point in time, it was believed that an Environmental 
Assessment may be appropriate. As a result of scoping and further 
analysis, it has been determined that an Environmental Impact Statement 
is more appropriate due to the presence and potential impacts to 
heratige resources.

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 45 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. 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 Wisonsin 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 address 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: April 14, 2005.
Clyde N. Thompson,
Forest Supervisor.
[FR Doc. 05-8083 Filed 4-21-05; 8:45 am]
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