[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Notices]
[Pages 7508-7509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1298]


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DEPARTMENT OF AGRICULTURE

Forest Service


Northeast Yaak SEIS; Kootenai National Forest, Lincoln County, MT

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a supplemental environmental impact 
statement.

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SUMMARY: The Forest Service will prepare a Supplemental Environmental 
Impact Statement (SEIS) for the Northeast Yaak project. The Northeast 
Yaak project includes urban interface fuels treatments, vegetation 
management, watershed rehabilitation activities, wildlife habitat 
improvement, and access management changes, including road 
decommissioning. The project is located in the Northeast Yaak planning 
subunit on the Three Rivers Ranger District, Kootenai National Forest, 
Lincoln County, Montana, and northeast of Troy, Montana. The Notice of 
Availability of the Draft EIS for this project was published in the 
Federal Register (70 FR 14315) on March 25, 2005, and the notice of the 
Final EIS (70 FR 38131) on July 1, 2005. The Record of Decision on this 
project was administratively appealed to the Regional Forester per 36 
CFR part 215. The Regional Forester reversed the decision on September 
26, 2005, citing an inadequate cumulative effects analysis. A 
Supplemental EIS is being prepared to further address cumulative 
effects for the Northeast Yaak project.

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 Draft EIS 
and the Final EIS, and the Forest Service is not inviting comments at 
this time.

ADDRESSES: The line officer responsible for this analysis is: Michael 
L. Balboni, District Ranger, Three Rivers Range District, 1437 Hwy 2, 
Troy, MT 59935.

FOR FURTHER INFORMATION CONTACT: Eric Dickinson, Team Leader, Three 
Rivers Ranger District, at (406) 295-4693.

SUPPLEMENTARY INFORMATION:
    The Northeast Yaak project area approximately 26 air miles 
northeast of Troy, Montana, within all or portions of T37N, R29W-R32W, 
and T36N, R30W-R31W, PMM, Lincoln County, Montana.
    The purpose and need for this project is to: (1) Reduce fuels and 
the potential for crown fires in the urban interface and other forested 
areas; (2) manage for more diverse and sustainable vegetative 
conditions; (3) improve conditions in old growth habitat; (4) improve 
growing conditions and long-term management of overstocked sapling/pole 
stands; (5) improve and maintain winter range conditions; (6) improve 
the quality of grizzly bear habitat; (7) provide for motorized access 
to National Forest resources for recreation and to meet management 
objectives, while maintaining wildlife security; (8) continue to 
decrease cumulative sediment introduction to streams from roads; and 
(9) contribute forest products to the economy.
    The Northeast Yaak Record of Decision (ROD) was released at the 
same time as the Final EIS and the legal notice of decision was 
published in the newspaper of record on June 18, 2005. The ROD selected 
Alternative C-Modified which authorized the following: (1) 
Approximately 1,860 acres of commercial timber harvest to reduce fuels, 
improve forest conditions, and contribute products to the economy (13.5 
MMBF/33,000 CCF); (2) an estimated 350 acres of non-commercial fuels 
reduction treatments; (3) pre-commercial thinning on 286 acres; (4) 
watershed rehabilitation activities, including decommissioning on 
approximately 22 miles of road, and another 6.6 miles of road 
stabilized before being placed in grizzly bear core; (5) opening of 4 
miles of the Vinal Lake Road 746 to improve motorized loop 
access, with a seasonal restriction, and other access management 
changes; and (6) a project-specific Forest Plan amendment to allow 
fuels reduction harvest in designated old growth to maintain old growth 
habitat.
    The SEIS is intended to provide additional documentation of the 
cumulative effects analysis to the public, including information 
relating to past, ongoing, and reasonably foreseeable actions and the 
cumulative effects to natural resources.
    A Draft SEIS is expected to be available for public review and 
comment in March 2006; and a Final SEIS in May 2006. The comment period 
for the Draft SEIS will be 45 days from the date the EPA publishes the 
notice of availability in the Federal Register.
    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 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 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

[[Page 7509]]

are made available to the Forest Service at a time when it can 
meaningfully consider and respond to them in the Final SEIS. 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.

Responsible Official

    Bob Castaneda, Forest Supervisor of the Kootenai National Forest, 
1101 U.S. Highway 2 West, Libby, MT 59923, is the Responsible Official 
for this project. The Record of Decision will identify the land 
management activities to be implemented in the project area including 
urban interface fuels treatments, vegetation management, watershed 
rehabilitation activities, wildlife habitat improvement, access 
management changes, including road decommissioning, monitoring, and 
whether or not a Forest Plan amendment is necessary. The Forest 
Supervisor will make a decision on this project after considering 
comments and responses, environmental consequences discussed in the 
Final SEIS, and applicable laws, regulations and policies. The decision 
and supporting reasons will be documented in a Record of Decision.

    Dated: February 6, 2006.
Bob Castaneda,
Forest Supervisor, Kootenai National Forest.
[FR Doc. 06-1298 Filed 2-10-06; 8:45 am]
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