[Federal Register Volume 71, Number 230 (Thursday, November 30, 2006)]
[Notices]
[Pages 69199-69200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9462]


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DEPARTMENT OF AGRICULTURE

Forest Service


Fishtrap EIS, Lolo National Forest, Sanders County, Montana

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare supplemental environmental impact 
statement.

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SUMMARY: The Forest Service will prepare a supplemental environmental 
impact statement (EIS) for the Fishtrap project. The original Fishtrap 
Record of Decision, signed on November 22, 2005, was litigated in May 
2006. The primary issue of the lawsuit was related to treatments 
intended to maintain and/or enhance old growth stands. As a result of a 
Court-ordered settlement agreement with Plaintiffs, the Lolo National 
Forest Supervisor agreed to: (a) Withdraw the project decision; (b) 
monitor past maintenance/restorative treatments within old growth 
stands and evaluate the effects of these activities; and (c) prepare a 
supplemental environmental impact statement (SEIS), incorporating this 
new information, before proceeding with the project. Over the last 
several months, Lolo National Forest personnel have been monitoring the 
effects of past maintenance/restorative treatments in old growth stands 
and are currently evaluating the information they collected. The 
Fishtrap SEIS will incorporate the results of this monitoring work.
    The project proposes to implement timber harvest, pre-commercial 
thinning, prescribed burning, herbicide treatment of noxious weeds, 
temporary road construction, road improvement work, and road 
decommissioning in the Fishtrap Creek drainage, Lolo National Forest, 
Plains/Thompson Falls Ranger District, Sanders County, Montana.

FOR FURTHER INFORMATION CONTACT: Randy Hojem, District Ranger (406-826-
4308), or Pat Partyka, Team Leader (406-826-4314), at the Plains/
Thompson Falls Ranger District, Lolo National Forest, P.O. Box 429, 
Plains, Montana 59859.

SUPPLEMENTARY INFORMATION: The Fishtrap analysis area of approximately 
36,400 acres is located approximately 20 air miles north of Thompson 
Falls, Montana, Sanders County, in T23N, R28W; T23N, R29W; T24N, R27W; 
T24N, R28W; T24N, R29W; and T25N, R28W; PMM. Within this area, the Lolo 
National Forest proposes: (1) Approximately 2260 acres of timber 
harvest; (2) approximately 437 acres of pre-commercial thinning; (3) 
approximately 984 acres of prescribed burning; (4) approximately 0.75 
miles of temporary road construction to access two harvest units; (5) 
approximately 151 miles of road decommissioning; (6) approximately 36 
miles of road reconstruction; (7) approximately 40 miles of road 
maintenance of existing roads that would be used for timber

[[Page 69200]]

haul; (8) approximately 124 miles of herbicide treatment of noxious 
weeds along roadsides.
    The Lolo National Forest Plan provides overall guidance for land 
management activities in the project area. The purposes for these 
actions are to: (1) Improve water quality, fish habitat and fish 
passage. (2) Improve grizzly bear habitat within the Cabinet-Yaak 
Grizzly Bear Recovery Zone. (3) Restore, maintain or enhance native 
``at risk'' vegetative communities. (4) Provide for ecological 
sustainability and community stability through the use of forest 
products. (5) Improve and maintain big game winter range. (6) Provide 
for a transportation system that better reflects current access and 
resource concerns and reduces economic burdens associated with 
maintaining unneeded roads.
    Issues currently identified for analysis in the SEIS include 
potential effects on old growth, soils, wildlife (particularly grizzly 
bear), water quality, fisheries, and forest access.
    The Forest Service will consider a range of alternatives. A No 
Action alternative and other alternatives, which respond to significant 
issues, will be analyzed and compared to the Draft SEIS.
    The Draft SEIS is expected to be filed with the Environmental 
Protection Agency (EPA) and available for public review in June 2007. 
Comments on the Draft SEIS will be considered and responded to in the 
Final SEIS, scheduled to be completed by October 2007.
    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 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 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 addressing these points.
    Responsible Official: Deborah L.R. Austin, Forest Supervisor, Lolo 
National Forest, Building 24--Fort Missoula, Missoula, MT 59804, is the 
responsible official. In making the decision, the responsible official 
will consider comments, responses, disclosure of environmental 
consequences, and applicable laws, regulations, and policies. The 
responsible official will state the rationale for the chosen 
alternative in the Record of Decision.

    Dated: November 21, 2006.
Deborah L.R. Austin,
Forest Supervisor.
[FR Doc. 06-9462 Filed 11-29-06; 8:45 am]
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