[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Notices]
[Pages 77372-77373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24526]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / 
Notices  

[[Page 77372]]



DEPARTMENT OF AGRICULTURE

Forest Service


Idaho Panhandle National Forest, Idaho--Supplemental West Gold 
EIS Project

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a Supplemental Environmental Impact 
Statement.

-----------------------------------------------------------------------

SUMMARY: The USDA Forest Service will prepare a Supplemental 
Environmental Impact Statement (SEIS) for the West Gold Project. The 
Notice of Availability of the DEIS for the West Gold project was 
published in the Federal Register (67 FR 31801) on May 10, 2002 and the 
notice of the Final EIS (67 FR 71165) was published on November 29, 
2002. The Record of Decision (ROD) on this project was administratively 
appealed to the Regional Forester per 36 CFR part 215. The Regional 
Forester affirmed this decision on February 27, 2003. However, due to 
information that has been identified since the availability of the FEIS 
and ROD it has been determined that there is a need for a supplement. 
On May 18, 2005, the ROD for the West Gold project was withdrawn. The 
purpose for the withdrawal was to further address analysis issues 
raised through the recent opinion issued through the U.S. Court of 
Appeals for the Ninth Circuit in Lands Council v. Powell, 395 F.3d 
1015-1046 (9th Cir. 2005).

DATES: Scoping is not required for supplements to environmental impact 
statements (40 CFR 1502.9(c)(4)). There was extensive public 
involvement in the development of the proposed action, the 2002 DEIS, 
and the FEIS, and the Forest Service is not inviting comments at this 
time.

ADDRESSES: Sandpoint Ranger District, 1500 Highway 2, Suite 110, 
Sandpoint, Idaho 83864.

FOR FURTHER INFORMATION CONTACT: A.J. Helgenberg--West Gold Supplement 
Project Team Leader, USDA Forest Service, Sandpoint Ranger District, 
208-265-6643.

SUPPLEMENTARY INFORMATION: The West Gold ROD was released with the FEIS 
in late November 2002, and the legal notice of decision was published 
November 29, 2002. The ROD selected a modification of Alternative C and 
authorized vegetative treatments on approximately 1,338 acres through a 
combination of intermediate silvicultural prescriptions, regeneration 
harvest and underburning treatments, and an estimated 382 acres of 
precommercial thinning.
    The ROD authorized construction of approximately 0.16 miles of road 
and a helicopter landing to facilitate the vegetation treatment. To 
improve watershed conditions the decommissioning of an estimated 1.4 
miles of existing classified road, and 0.7 miles of existing 
unclassified road, as well as 27.9 miles of road maintenance was 
authorized.
    The ROD was appealed. Following administrative review, the decision 
was affirmed and the appellant's requested relief denied by the Appeal 
Deciding Officer for the Northern Region of the USDA Forest Service on 
February 27, 2003. On April 21, 2003, Lands Council filed a lawsuit for 
a temporary restraining order and preliminary injunction. In light of 
the lawsuit, the Forest Service elected to not proceed with any ground 
disturbing activities related to timber harvesting or road 
construction. However, to provide more off road vehicle 
opportunities,the gates on roads 2707A and 2707AA were modified to 
allow dry season use by motorized vehicles less than 50''.
    The Supplemental EIS will contain additional information relating 
to water quality and fisheries analysis, wildlife analysis, vegetation 
data including gold growth, and on the effects of past and reasonably 
foreseeable activities (including timber harvest and mine reclamation 
activities). The SEIS is intended to provide additional evaluation of 
the effects of activities on the natural resources listed above, and 
provide that information to the public.
    The purpose and need for the West Gold project was derived from 
scientific information and assessments, and from field reviews and 
surveys of the resources in the West Gold drainage. The West Gold 
project was developed to improve the health and productivity of 
terrestrial and aquatic habitats by restoring desired forest cover, 
structure, pattern, and species composition across the landscape where 
they are outside natural or accepted ranges, providing for wildlife 
habitat diversity, restoring fire as an ecological process, maintaining 
and improving West Gold Creek's aquatic habitat by reducing existing 
and potential sediment risks from roads, and managing current and 
additional motorized recreation opportunities while protecting resource 
values such as wildlife and water.
    The need to manage current and additional motorized recreation 
activities was met under the auspice of the November 2002 ROD, and will 
not be re-explored in the SEIS.

Responsible Official

    Ranotta K. McNair, Forest Supervisor, Idaho Panhandle National 
Forests, 3815 Schreiber Way, Coeur D'Alene, Idaho 83815.

Nature of Decision To Be Made

    The Forest supervisor of the Idaho Panhandle National Forests will 
decide whether or not to implement this project, and if so, in what 
manner.

Comments

    A Draft SEIS is expected to the public for review and comment in 
February 2006; and a Final SEIS in May 2006. The mailing list for this 
project will include those individuals, agencies, and organizations on 
the mailing list for the 2002 West Gold EIS. The comment period on the 
Draft SEIS will be 45 days from the date the Environmental Protection 
Agency publishes the Notice of Availability in the Federal Register. In 
accordance with 36 CFR 215.5, as published in the Federal Register, 
Volume 68 no. 107, June 4, 2003, the Draft SEIS comment period will be 
the designated time in which ``substantive'' comments will be 
considered. In addition, the public is encouraged to contact or visit 
the Forest Service officials during the analysis and prior to the 
decision. The Forest Service will continue to seek information, 
comments, and assistance from Federal, Tribal, State, and local 
agencies and other individuals or organizations that may be interested 
in or affected by the proposed actions.

[[Page 77373]]

    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, 
533 (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 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 supplemental environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft supplemental 
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.
    Comments received, including the names and addressees of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.
    The Idaho Panhandle National Forests Supervisor will make a 
decision on the project after considering comments and responses, 
environmental consequences discussed in the Final Supplemental EIS, and 
applicable laws, regulations and policies. The decision and supporting 
reasons will be documented in a Record of Decision.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)

    Dated: December 19, 2005.
Ranotta K. McNair,
Forest Supervisor, Idaho Panhandle National Forests.
[FR Doc. 05-24526 Filed 12-29-05; 8:45 am]
BILLING CODE 3410-11-M