[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Notices]
[Pages 56145-56146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23141]



[[Page 56145]]

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DEPARTMENT OF AGRICULTURE

Forest Service


Clearwater National Forest; ID; Upper Lochsa Land Exchange EIS

ACTION: Notice of Intent To Prepare a Supplemental Draft Environmental 
Impact Statement.

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SUMMARY: The Forest Service will prepare a Supplemental Draft 
Environmental Impact Statement (SDEIS) for the Upper Lochsa Land 
Exchange. In the proposed land exchange the Forest Service would 
acquire approximately 39,371 acres of checkerboard land from Western 
Pacific Timber (WPT) located in Idaho and Clearwater Counties. The land 
is intermingled with the Clearwater National Forest near Powell, Idaho 
in the upper Lochsa River drainage. The Forest Service would convey to 
WPT an equal value of National Forest System (NFS) land located in 
Benewah, Bonner, Clearwater, Idaho Kootenai and Latah counties on the 
Clearwater, Nez Perce and Idaho Panhandle National Forests. The Notice 
of Availability for the Draft EIS for this project was published in the 
Federal Register (72824 Vol. 75, No. 227) on November 26, 
2010. An SDEIS is being prepared to analyze a new alternative for 
exchange. The Idaho County Commissioners commented on the DEIS and 
stated that except for the No Action Alternative the rest of the 
alternatives analyzed would have negative economic impacts to Idaho 
County. The Commissioners identified approximately 45,043 acres of NFS 
land on the Nez Perce National Forest, entirely within Idaho County, 
that could be considered for exchange for the approximately 39,371 
acres of checkerboard land that primarily lie within Idaho County. The 
Forest Service considered the proposal carefully and determined that an 
SDEIS is required to analyze an alternative where all the Federal lands 
proposed for exchange are in Idaho County.

DATES: Scoping is not required for supplements to environmental impact 
statements (40 CFR 1502.9(c) (4). There was extensive public 
involvement during the original public scoping for the project and 
during comment to the Draft EIS. The Forest Service is not inviting 
scoping comments at this time. However, a Notice of Exchange Proposal 
is required (36 CFR 254.8) and will be published four times in the 
local papers of record. The purpose of this four week notice is to 
invite the public to submit comments and concerns about the exchange 
proposal, including knowledge of any liens, encumbrances, or other 
claims involving the new land being considered for exchange. The public 
can respond in writing to the Notice of Exchange Proposal and comments 
must be postmarked within 45 days after the initial date of 
publication.

ADDRESSES: The line officer responsible for this analysis is: Rick 
Brazell, Forest Supervisor, Clearwater National Forest, 12730 HWY 12, 
Orofino, ID 83544.

FOR FURTHER INFORMATION CONTACT: Teresa Trulock, Project Manager at the 
Clearwater National Forest (208) 935-4256.

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action

    The purpose of this proposed land exchange is to consolidate land 
ownership in the upper Lochsa River drainage to provide more efficient 
and effective resource management.
    This purpose can be achieved by exchanging parcels of federal lands 
for WPT lands. Need--The current ownership pattern has a considerable 
effect on how the Forest Service manages NFS lands in the upper Locsha 
River drainage. Over the years, differing management practices on the 
private lands has influenced resource management decision on the NFS 
lands. The mixed ownership pattern also reduces the ability to apply 
ecosystem management principles across the landscape. More effective 
conservation and management of natural resources can be achieved by 
consolidating these lands and managing the ecosystem as a whole. For 
example, current ownership results in an inability to use fuel and 
topography to engage fires on a cost-effective basis. Also, more 
efficiency can be gained by reducing administrative costs associated 
with boundary maintenance and cost share roads.
    In general the land exchange provides the opportunity for the 
Forest Service to acquire checkerboard lands which encompass the 
headwaters of the Lochsa River and hold outstanding values for aquatic 
and terrestrial species along with significant cultural resources.

Modified Proposed Action

    The DEIS identified Alternative B as the Modified Proposed Action. 
In the Modified Proposed Action, the Forest Service proposes a land-
for-land exchange which includes approximately 17,854 acres of National 
Forest System land for approximately 39,371 acres of WPT land. The 
lands included in this modified proposed action are located within 
Benewah, Clearwater, Latah, Bonner, Kootenai and Idaho Counties.
    The federal lands consist of scattered parcels located on the Nez 
Perce, Clearwater and Idaho Panhandle National Forest in north Idaho. 
For the most part, federal parcels are timbered and are characterized 
by irregular boundaries surrounded by mixed ownership and small tracts 
of land isolated from other national Forest land.
    The WPT lands proposed for exchange are checkerboard lands 
intermingled with Clearwater National Forest lands in the upper Lochsa 
River drainage. For the past 50 years, WPT lands were managed primarily 
for timber production. For the most part these lands currently meet 
State Best Management Practices for timber production lands.
    The modified proposed action would authorize the transfer of land 
ownership and management authority, including the mineral estate, 
between the two parties. The modified proposed action would not 
authorize any site-specific management activities by either party.

New Alternative

    The DEIS analyzed five alternatives: Alternative A--No Action, 
Alternative B--Modified Proposed Action, Alternative C--Land Exchange 
with a Purchase Component, Alternative D--Land Exchange and Purchase 
with Phased Implementation and Alternative E--Direct Purchase of Non-
Federal Lands. The DEIS identified Alternative D as the Forest Service 
Preferred Alternative.
    The SDEIS is being completed to analyze the additional alternative 
where all the Federal lands proposed for exchange are in Idaho County. 
The additional federal lands being considered for exchange include 
approximately 45,043 acres of NFS lands on the Nez Perce National 
Forest. These are generally described as three tracts of land located 
to the east and to the south of Grangeville, Idaho and two tracts of 
land located to the northwest of Riggins, Idaho. These five NFS tracts 
of land are relatively large ranging in size from 3,200 acres to nearly 
20,000 acres. They are located along the edge of the Nez Perce National 
Forest bordering private and State lands. For the most part these 
tracts are timbered.
    These Federal lands are being considered in addition to 
approximately 17,854 acres that have been analyzed for exchange in the 
DEIS for a total of approximately 62,897 acres. It is anticipated that 
this is more than adequate federal acreage to complete an equal value 
land exchange. The new federal land proposed will be refined through 
future public involvement processes.

[[Page 56146]]

Responsible Official

    Rick Brazell, Forest Supervisor, Clearwater National Forest, 12730 
HWY 12, Orofino, Idaho 83544.

Nature of Decision To Be Made

    The decision to be made is whether or not to complete a land 
exchange between the Forest Service and Western Pacific Timber. In the 
decision, the Forest Supervisor will answer the following questions 
based on the environmental analysis: (1) Whether the modified proposed 
action will proceed as proposed, as modified by an alternative, or not 
at all, (2) whether the project requires any Forest Plan amendments? 
This decision will be documented in the Record of Decision for the 
Upper Lochsa Land Exchange Final Environmental Impact Statement (FEIS). 
If the decision that is made would require an amendment to any of the 
Forest Plans, the analysis and documentation for the amendment will be 
included. The decision will be subject to appeal in accordance with 36 
CFR 215.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: The SDEIS is expected to be available for public 
review and comment in October 2011. The comment period for the SDEIS 
will be 45 days from the date the Environmental Protection Agency 
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 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-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 project, comments on the SDEIS should be as 
specific as possible. It is also helpful if comments refer to specific 
pages or chapters of the SDEIS. Comments may also address the adequacy 
of the SDEIS 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 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: August 29, 2011.
Rick Brazell,
Forest Supervisor, Clearwater National Forest.
[FR Doc. 2011-23141 Filed 9-9-11; 8:45 am]
BILLING CODE 3410-11-M