[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25472-25475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11766]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Availability of the Bog Creek Road Project Draft 
Environmental Impact Statement

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security and U.S. Forest Service, Department of Agriculture.

ACTION: Notice of availability of Draft Environmental Impact Statement 
concerning the repair and maintenance of Bog Creek Road and closure of 
certain roads within the Blue-Grass Bear Management Unit in the Selkirk 
Mountains in Boundary County, Idaho; request for comments.

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SUMMARY: U.S. Customs and Border Protection (CBP) and the U.S. Forest 
Service (Forest Service) Idaho Panhandle National Forests (IPNF) 
announce the availability of the Bog Creek Road Project Draft 
Environmental Impact Statement (EIS) for public review. The Draft EIS 
identifies and assesses potential impacts upon the environment of: 
Repairing and maintaining an approximately 5.6-mile section of the 
existing Bog Creek Road, which is located in the Selkirk Mountains in 
Boundary County, Idaho, within approximately two miles of the Canadian 
border, on land within the Blue-Grass Bear Management Unit (BMU) that 
is managed by the Forest Service; and closing for motorized use 
additional roads within the Blue-Grass BMU to comply with the Forest 
Plan Amendments for Motorized Access Management within the Selkirk and 
Cabinet-Yaak Grizzly Bear Recovery Zones and to reduce road density in 
the Blue-Grass BMU. This notice initiates the public review process for 
the Draft EIS. This process is conducted pursuant to the National 
Environmental Policy Act of 1969 (NEPA) and the President's Council on 
Environmental Quality regulations for Implementing the NEPA, and CBP 
and Forest Service NEPA guidelines. The purpose of the public review 
process is to solicit public comments regarding the Draft EIS. 
Additionally, this notice, in accordance with the National Historic 
Preservation Act, will allow members of the general public to provide 
comments to CBP and the Forest Service regarding whether the Proposed 
Action may have any potential impacts on any historic resources.

DATES: 
    For Comments: To ensure consideration, comments must be received by 
July 16, 2018. Comments may be submitted as set forth in the ADDRESSES 
section of this document.
    For Public Open Houses: Public open houses will be held at the 
following times:
     Priest Lake, Idaho: June 19, 2018, 5:30 to 7:30 p.m.
     Sandpoint, Idaho: June 20, 2018, 5:30 to 7:30 p.m.
     Bonners Ferry, Idaho: June 21, 2018, 5:30 to 7:30 p.m.

ADDRESSES: 
    For Obtaining Copies of the Draft EIS: Electronic copies of the 
Draft EIS are available at https://www.fs.usda.gov/project/?project=41296 and https://www.cbp.gov/document/environmental-assessments/bog-creek-road-project-environmental-impact-statement.
    CD-ROM and print copies are available by sending a request to Paul 
Enriquez at [email protected] or 949-643-6365 or at the 
following Forest Service locations:
     The IPNF Supervisors Office, 3815 Schreiber Way, Coeur 
d'Alene, Idaho;
     Sandpoint Ranger District, 1602 Ontario Street, Sandpoint, 
Idaho;
     Bonners Ferry Ranger District, 6286 Main Street, Bonners 
Ferry, Idaho; and
     Priest Lake Ranger District, 32203 Highway 57, Priest 
River, Idaho.
    For Submitting Comments: You may submit written comments on the 
Draft EIS during the 45-day comment period by mail or email, or by 
attending a public open house. See SUPPLEMENTARY INFORMATION for 
information on the public comment process. Please submit your written 
comments using one of the following methods:
     Mail: Bog Creek Road EIS, P.O. Box 643, Flagstaff, Arizona 
86002-0643;
     Email: [email protected];
     Hand delivered to any of the Forest Service locations 
where CD-ROM and print copies of the Draft EIS are available; or
     FAX: 208-765-7426.
    For Public Open Houses: Public open houses will be held at the 
following locations:
     Priest Lake, Idaho: Priest Lake Ranger District--32203 
Highway 57, Priest River, Idaho;
     Sandpoint, Idaho: Sandpoint Ranger District--1602 Ontario 
Street, Sandpoint, Idaho;
     Bonners Ferry, Idaho: Bonners Ferry Ranger District--6286 
Main Street, Bonners Ferry, Idaho.

FOR FURTHER INFORMATION CONTACT: Paul Enriquez, CBP, Border Patrol and 
Air and Marine Program Management Office, by telephone at 949-643-6365, 
or email at [email protected]. Persons who require assistance 
accessing information, please contact the U.S. Department of 
Agriculture's (USDA) Target Center at 202-720-2600 (voice and TDD) or 
contact USDA through the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Proposed Action

    U.S. Customs and Border Protection (CBP) and the U.S. Forest 
Service (Forest Service) Idaho Panhandle National Forests (IPNF) 
(collectively the Agencies) are proposing a road repair, maintenance, 
and motorized closure project in the Continental Mountain area of the 
Idaho Panhandle National Forests within the Bonners Ferry and Priest 
Lake Ranger Districts. The project has two objectives: (1) To provide 
safe east-west access for administrative use (as explained below) to 
this section of the U.S.-Canada border across the Selkirk Mountains, 
and (2) to meet grizzly bear motorized access standards within the 
Blue-Grass BMU of the Selkirk Grizzly Bear Recovery Zone in order to 
comply with the Forest Plan Amendments for Motorized Access Management 
within the Selkirk and Cabinet-Yaak Grizzly Bear Recovery Zones (Access 
Amendment).
    The Bog Creek Road Project Draft EIS has been prepared to identify 
and assess potential impacts from the Proposed Action on the 
environment. The

[[Page 25473]]

Proposed Action was developed through collaborative efforts between 
CBP, the Forest Service, and the public, and was designed to meet the 
goals and objectives established for the project while meeting as many 
other resource needs as possible. The Proposed Action consists of three 
components: (1) Road repair and maintenance of Bog Creek Road and 
change in motorized use designation; (2) change in motorized use 
designation for Blue Joe Creek Road; and (3) motorized closure of 
selected seasonally restricted Forest Service roads. The Proposed 
Action is described below.
    The first component is the repair and maintenance of an 
approximately 5.6-mile section of Bog Creek Road (Forest Service Road 
[FSR] 1013), which would be conducted to allow the road to meet Forest 
Service road maintenance level 2 standards and would generally allow 
access for high-clearance vehicles. Maintenance level 2 roads are 
described in Forest Service Handbook 7709.58. Bog Creek Road is 
currently designated as a seasonally restricted road. Motorized use by 
the Forest Service, CBP, law enforcement, and other administrative 
agencies is permitted between April 1 and November 15 (active bear 
year) but is limited to 57 administrative vehicle round trips per 
active bear year. After road repair activities, the road designation 
would change to administrative open (as-needed administrative motorized 
access). Under the administrative open road designation, Bog Creek Road 
would be open to as-needed administrative motorized access but not open 
to the public for motorized travel.
    Repair and maintenance would consist of grading and resurfacing 
areas of the road that have been heavily eroded by surface water flows, 
filling potholes, and removing protruding boulders. Repair would also 
include installation of six new culverts and replacement of six of the 
existing 67 corrugated metal pipe culverts located along the length of 
the roadway because they have partially rusted through, otherwise 
exceeded their usable life, or do not meet current design standards for 
width and capacity. The most intensive repair would occur at Spread 
Creek, where a culvert failure and road washout have made the road 
completely impassable. The road would not be widened, but limited areas 
that no longer meet minimum width requirements may require cut and fill 
work to achieve the desired road operating and safety standards. Trees 
and other vegetation within the roadway and to either side would be 
grubbed or cut back to facilitate safe vehicle passage.
    The second component is the change in motorized designation of Blue 
Joe Creek Road (FSR 2546). Blue Joe Creek Road extends from the eastern 
terminus of the Bog Creek Road, running 7.4 miles alongside Blue Joe 
Creek, to the Continental Mine property. Blue Joe Creek Road is 
currently designated as seasonally restricted, and motorized access is 
limited to 57 vehicle round trips per active bear year. Under the 
Proposed Action, the current seasonal restrictions that limit the 
number of motorized administrative trips along Blue Joe Creek Road 
would be removed. The road would be designated as administrative open, 
which would allow for as-needed administrative motorized trips. This 
change in designation, when combined with the Bog Creek Road 
designation change, would allow for administrative trips by private 
property owners to access their property within the Blue-Grass BMU.
    The final component is the motorized closure of selected seasonally 
restricted Forest Service roads. Under the Proposed Action, 
approximately 26 miles of seasonally restricted Forest Service roads 
would be closed to all wheeled motorized use within the Blue-Grass BMU. 
Closing the roads would allow the Forest Service to meet the 
requirements of at least 55 percent of the BMU as core area habitat, 
and no more than 26 percent of the BMU having a total motorized route 
density (TMRD) greater than 2 miles per square mile, as specified in 
the Access Amendment. The means by which motorized road closure would 
take place would vary by site and would include both decommissioning 
and long-term storage. Decommissioning involves permanently removing a 
road from the Forest Service transportation system. Long-term storage 
involves rendering a road undrivable. Roads stored for creation of 
grizzly bear core habitat would remain stored for a minimum of ten 
years. On-the-ground road work is typically the same or very similar 
for decommissioning and long-term storage, as both are intended to 
prevent future failures and erosion hazards. Both methods may involve 
one or a combination of the following treatments: Fully or partially 
recontouring the road prism, ripping the road surface, removing 
culverts and recontouring stream crossings, planting and seeding, 
mulching, or slashing disturbed areas.
    All roads proposed for motorized closure under the Proposed Action 
are currently classified as seasonally restricted Forest Service roads. 
Administrative motorized use of these roads is permitted between April 
1 and November 15; non-motorized public access on these roads is 
permitted year-round.

Alternatives

    The Agencies developed alternatives to the Proposed Action 
described above and disclose the environmental impacts of these 
alternatives in the Draft EIS. In addition to the No-Action Alternative 
(Alternative 1) and the Proposed Action (Alternative 2), there are two 
other action alternatives analyzed: Modified Proposed Action 
(Alternative 3) and Blue-Grass BMU West-East Open Access (Alternative 
4).
    The No-Action Alternative (Alternative 1) represents the effects of 
not implementing the proposed repair and maintenance of Bog Creek Road 
and motorized closure of seasonally restricted Forest Service roads, 
while taking into account the effects of other past, ongoing, and 
reasonably foreseeable activities occurring in the area. This 
alternative proposes that no repair and maintenance activities would 
occur on the 5.6-mile section of Bog Creek Road and that the 26 miles 
of seasonally restricted Forest Service roads would continue to be 
available for motorized use in accordance with seasonal access 
restrictions. There would be no change in Forest Service management of 
the roads and CBP activities in the Blue-Grass BMU. Although the Forest 
Service would continue to examine road closure options to meet Access 
Amendment requirements within the Blue-Grass BMU under the No-Action 
Alternative, compliance with the Access Amendment standards would not 
change until currently unidentified other viable road closure options 
are implemented.
    Alternative 3 is a modified version of the Proposed Action that 
would close a different set of seasonally restricted Forest Service 
roads to motorized access. The repair and maintenance activities 
proposed for Bog Creek Road and the administrative open designation for 
Bog Creek Road and Blue Joe Creek Road are the same as described under 
the Proposed Action. Under Alternative 3, approximately 25 miles of 
Forest Service roads would be closed to all motorized use by the Forest 
Service within the Blue-Grass BMU. This would allow the Forest Service 
to meet the Access Amendment grizzly bear core area habitat requirement 
of 55 percent and the TMRD requirement of 26 percent. Two of the nine 
roads proposed for motorized road closure under Alternative 3 would be 
different from

[[Page 25474]]

the roads proposed for closure under the Proposed Action. These roads 
were included in this alternative because closing these roads would 
create more grizzly bear core area habitat in upper Grass Creek, a 
place that has been heavily and continuously used by grizzly bears 
since at least the 1980s. All roads proposed for motorized closure 
under Alternative 3 are classified as seasonally restricted Forest 
Service roads. Administrative motorized use of these roads is permitted 
between April 1 and November 15. Non-motorized public access on these 
roads is permitted year-round.
    Alternative 4 is a modified version of the Proposed Action that 
would open Bog Creek Road and roads along the eastern approach to Bog 
Creek Road to public motorized access. Under Alternative 4, Bog Creek 
Road repair and maintenance and the motorized closure of seasonally 
restricted Forest Service roads would be identical to the Proposed 
Action. After repair of Bog Creek Road is completed, Alternative 4 
would designate the 5.6 miles of the repaired Bog Creek Road as open 
for public motorized access year-round. However, winter motorized 
snowmobile use by the public is currently not allowed on Bog Creek Road 
as a result of rulings by the United States District Court of the 
Eastern District of Washington on November 7, 2006, and February 27, 
2007, relating to recovery of Selkirk Mountain woodland caribou and the 
potential impacts of snowmobile use within the recovery area. 
Approximately 7.4 miles of Blue Joe Creek Road would change to an 
administrative open designation (as-needed administrative motorized 
access). Additionally, the designation of roads along the eastern 
approach to Bog Creek Road (1 mile of FSR 2546 and FSRs 1011, 636, and 
1009) would also change from the current seasonally restricted 
designation (limited motorized access) to an open road designation 
(public motorized access) to allow for continuous public motorized 
travel across the Blue-Grass BMU. Under Alternative 4, the same 26 
miles of seasonally restricted Forest Service roads as identified in 
the Proposed Action would be closed to all wheeled motorized use within 
the Blue-Grass BMU.
    The Draft EIS addresses the potential impacts from the Proposed 
Action and alternatives. Evaluations were conducted on various 
resources present in the Blue-Grass BMU, including: Threatened and 
endangered species, wildlife, fish, special-status plants, water, 
soils, recreation, and heritage. A preferred alternative to the 
Proposed Action has not yet been identified by the Agencies.

Public Comment and Open Houses

    The Draft EIS is available for public comment. The Agencies invite 
comments on all aspects of the Draft EIS. Comments that will provide 
the most assistance to the Agencies will reference a specific section 
of the Draft EIS, explain the reason for any recommended change, and 
include data, information, or authority that supports such recommended 
change. Substantive comments received during the comment period will be 
addressed in the Final EIS. The Final EIS will be made available to the 
public through a Notice of Availability (NOA) in the Federal Register.
    This project is subject to 36 CFR part 218, subparts A and B of the 
Forest Service's Project-level Pre-decisional Administrative Review 
Process. Pursuant to 36 CFR part 218, only those who provide timely and 
specific written comments regarding the proposed project during a 
comment period are eligible to file an objection with the Forest 
Service. Comments received regarding this Draft EIS are considered part 
of the administrative record for the National Environmental Policy Act 
(NEPA) review. Within this context, a commenter's personally 
identifiable information, such as name and contact information, may be 
released to a third party upon request under the Freedom of Information 
Act. Comments submitted anonymously, without a name and contact 
information, will be accepted and considered; however, anonymous 
comments will not provide the commenter with standing to participate in 
the Forest Service objection process.
    The Agencies will hold three public open houses to inform the 
public and solicit comments about the Draft EIS. The open houses will 
include displays and handouts and will provide an opportunity for the 
public to ask questions and submit written comments on the Draft EIS. 
Open house schedule is as follows:
     June 19, 2018, 5:30 to 7:30 p.m.: Priest Lake Ranger 
District--32203 Highway 57, Priest River, Idaho;
     June 20, 2018, 5:30 to 7:30 p.m.: Sandpoint Ranger 
District--1602 Ontario Street, Sandpoint, Idaho;
     June 21, 2018, 5:30 to 7:30 p.m.: Bonners Ferry Ranger 
District--6286 Main Street, Bonners Ferry, Idaho.
    This process is being conducted pursuant to the NEPA (42 U.S.C. 
4321 et seq.), the President's Council on Environmental Quality 
Regulations for Implementing the NEPA (40 CFR parts 1500-1508), DHS 
Directive 023-01 and Instruction 023-01-001-01, and CBP and Forest 
Service NEPA guidelines.

Prior Public Scoping

    Public scoping for the Bog Creek Road repair and maintenance 
proposal was initially conducted by CBP in February and March of 2013. 
Information gathered from the initial scoping effort was used to inform 
the Agencies about what level of NEPA analysis was necessary to 
evaluate the proposed project. The initial scoping information included 
the possibility that road closures may become part of the proposed 
action, but did not include specific motorized road closure 
information. Using initial scoping information, the Agencies determined 
that the NEPA analysis would be conducted through an EIS process.
    The Notice of Intent (NOI) stating that CBP and the Forest Service 
planned to prepare an EIS for the Bog Creek Road Project was published 
in the Federal Register on April 27, 2016 (81 FR 24839). The NOI asked 
for public comment on the proposal from April 27 to May 27, 2016. The 
Proposed Action described in the NOI included both repair and 
maintenance of Bog Creek Road and motorized road closures of specific 
road segments in the Blue-Grass BMU. In total, 17 comment letters were 
received during the NOI scoping period.
    All scoping comments submitted during the initial scoping and NOI 
scoping were included in issue development for the current EIS process. 
A Scoping Report that summarizes both scoping efforts is available for 
review as part of the project record. The Scoping Report is available 
on the CBP public website: https://www.cbp.gov/document/environmental-assessments/bog-creek-road-project-environmental-impact-statement.

Public Involvement in Historic Preservation Activities Under Section 
106 of the National Historic Preservation Act

    Section 106 of the National Historic Preservation Act (NHPA) 
requires Federal agencies to review all actions which may affect 
resources listed on, or eligible for, the National Register of Historic 
Places in order to take into account the effects of their undertakings 
on historic properties. In accordance with NHPA, the Agencies seek to 
obtain public comments on historic preservation issues related to the 
road repair and closure of roads for motorized use. This process will 
also afford the Idaho State Historic Preservation Officer and tribal

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governments a reasonable opportunity to comment on such undertakings.

Next Steps

    After the public review period is complete and the Agencies have 
reviewed the results, a list of comments and responses will be compiled 
and included in the Final EIS. The Agencies will select a preferred 
alternative that will be set forth in the Final EIS and Draft Record of 
Decision (ROD). The Final EIS and Draft ROD will be made available to 
the public through an NOA in the Federal Register.

    Dated: May 25, 2018.
Karl H. Calvo,
Assistant Commissioner, Office of Facilities and Asset Management, 
Office of Enterprise Services, U.S. Customs and Border Protection.
Gregory C. Smith,
Acting Associate Deputy Chief, National Forest System, U.S. Forest 
Service.
[FR Doc. 2018-11766 Filed 5-31-18; 8:45 am]
 BILLING CODE 9111-14-P