Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Notices 40829 

Early Notice of Importance of Public 

Participation in Subsequent 

Environmental Review 

A DEIS will be prepared for comment. 

The comment period on the DEIS 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 a 

draft EIS 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 EIS stage but that are 

not raised until after completion of the 

final EIS 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 EIS. 

To assist the Forest Service in 

identifying and considering issues and 

concerns on the proposed action, 

comments on the draft EIS 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 EIS 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. 

Comments submitted anonymously will 

be accepted and considered; however, 

those who submit anonymous 

comments will not have standing to 

appeal the subsequent decision under 

36 CFR part 215. Additionally, pursuant 

to 7 CFR 1.27(d), any person may 

request the agency to withhold a 

submission from the public record by 

showing how the Freedom of 

Information Act (FOIA) permits such 

confidentiality. 

Persons requesting such 

confidentiality should be aware that, 

under the FOIA, confidentiality may be 

granted in only very limited 

circumstances, such as to protect trade 

secrets. The Forest Service will inform 

the requester of the agency’s decision 

regarding the request for confidentiality, 

and if the request is denied, the agency 

will return the submission and notify 

the requester that the comments may be 

resubmitted with or without name and 

address within a specified number of 

days. 

(Authority: 40 CFR 1501.7 and 1508.22; 

Forest Service Handbook 1909.15, Section 

21) 

Dated: July 18, 2007. 

Nora B. Rasure, 

Forest Supervisor, Coconino National Forest. 

[FR Doc. 07–3618 Filed 7–24–07; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Beartooth Ranger District Travel 

Management Plan, Custer National 

Forest; Sweet Grass, Park, Stillwater, 

and Carbon Counties, MT 

AGENCY: Forest Service, USDA. 

ACTION: Notice; intent to prepare 

environmental impact statement. 

SUMMARY: The Forest Service will 

prepare an Environmental Impact 

Statement (EIS) to disclose the effects of 

designating National Forest System 

roads, trails, and areas available for 

public motorized use and changing pack 

and saddle stock use on certain nonmotorized trails on the Beartooth Ranger 

District, Custer National Forest. The 

decision will be to determine whether to 

include routes that are not currently 

National Forest System roads, trials, and 

areas for public motorized use on the 

Beartooth Ranger District, establish a 

season of use and/or type of vehicle use 

for roads, trails, and areas designated for 

public motorized use, change dispersed 

vehicle camping designations, and 

restrict pack and saddle stock use on 

select non-motorized trails. A National 

Environmental Policy Act (NEPA) 

decision is not required to designate 

roads, trails, and areas for public 

motorized use that are currently part of 

the National Forest System of roads, 

trails and areas. 

Once a decision is made, a Motor 

Vehicle Use Map (MVUM) will be 

prepared, in compliance with the 2005 

Forest Service Travel Management Rule 

(36 CFR Part 212). The MVUM will 

show all the routes that are designated 

for public motorized use on the 

Beartooth Ranger District. The MVUM 

will be the primary tool used to 

determine compliance and enforcement 

with motorized vehicle use designations 

on the ground. Those existing routes 

and other non-system routes not 

designated open on the MVUM will be 

legally closed to motorized travel. The 

decisions on motorized travel may 

include motorized over-the-snow travel. 

DATES: The draft environmental impact 

statement is planned to be released in 

October 2007 and the final 

environmental impact statement is 

planned for release in June 2008. The 

project was initially released for public 

scoping January 30, 2004 through May 

1, 2004. However, the scooping period 

was extended to September 1, 2004 due 

to great public interest and the many 

requests asking for an extension of the 

scoping period through the field season. 

ADDRESSES: Send written comments to 

Beartooth Ranger District Travel 

Management Plan, Custer National 

Forest, 1310 Main Street, Billings, MT 

59105 or call (406) 657–6205 extension 

225. 

If you prefer, you can submit 

comments on the internet at commentsnorthern-custer-beartooth@fs.fed.us by 

typing on the subject line ‘‘Beartooth RD 

Travel Management Plan.’’

FOR FURTHER INFORMATION CONTACT: 

Doug Epperly, Project Coordinator, at 

(406) 657–6205 ext. 225. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action 

The purpose of the proposal is to 

designate a system of roads, trails, and 

areas for motor vehicle use, including 

over-the-snow travel and existing 

recreation use, on the Beartooth Ranger 

District, Custer National Forest. The 

system of roads, trails, and areas to be 

designated will be consistent with the 

laws, regulations, and policies 

governing the management of National 

Forest System lands. Specifically, this 

includes the Forest Service 2005 Travel 

Management Rule (36 CFR part 212), the 

January 2001 Off-Highway Vehicle 

Record of Decision and Plan 

Amendment for Montana, North Dakota, 

and Portions of South Dakota (hereafter 

Tri-state OHV Plan), the subsequent 

Forest Plan Amendment Number 39, the 

1987 Beartooth Travel Plan, and the 

Custer National Forest and National 

Grasslands Land and Resource 

Management Plan (hereafter referred to 


rwilkins on PROD1PC63 with NOTICES
40830 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Notices 

as the Forest Plan, 1986) (Forest Plan 

Record of Decision, 1987)). 

There is a compelling need to address 

travel management on the Beartooth 

Ranger District as a result of the Forest 

Service 2005 Travel Management Rule, 

the Tri-state OHV decision, and 

confusion generated in trying to 

implement the 1987 Beartooth Travel 

Plan. Both the Travel Management Rule 

and the Tri-State OHV decision set 

timeframes within which to complete, 

and/or start (as in the case of the TriState decision), specific route 

designation decisions, as necessary. It is 

important to note, that identifying 

existing National Forest System Roads 

and Trails on a MVUM does not 

constitute a decision pursuant to the 

National Environment Policy Act. 

Federal land managers are directed 

(Executive Order 11644, 36 CFR 212, 

and 43 CFR 8342.1) to ensure that the 

use of motorized vehicles and off-road 

vehicles will be controlled and directed 

so as to protect the resources of those 

lands, to promote the safety of users, 

minimize conflicts among the various 

uses of the federal lands, and to provide 

for public use of roads and trails 

designated as open. 

Proposed Action 

The proposed action is to designate 

selected roads, trails, and areas open to 

public motorized travel, designate 

dispersed vehicle camping, and 

implement changes in pack and saddle 

stock use on non-motorized trails on the 

Beartooth Ranger District, Custer 

National Forest (NFS lands). The 

designations will also set specific 

seasons of use, where appropriate, and 

specify the type of use (e.g., highway 

legal vehicle, ATV’s, motorcycles) for 

roads, trails, and areas. The Forest 

Service will produce a Motor Vehicle 

Use Map (MVUM) depicting those 

routes which are open to the general 

public for wheeled motorized use. This 

alternative, as well as any other action 

alternative, will require a Forest Plan 

amendment to remove specific road 

management contained in the Forest 

Plan and provide for management of 

those roads in the travel plan decision. 

No Action Alternative 

The No Action alternative would be to 

designate the current Beartooth Ranger 

District system motorized roads and 

trails for public motorized use, but 

would not address existing routes that 

are identified as unauthorized (i.e. nonsystem) routes by the Forest Service. 

The existing condition would be to 

designate all of the system and nonsystem motorized routes identified 

during the 1999–2000 Custer National 

Forest inventory of existing roads and 

trails. Alternatives to the Proposed 

Action and No Action will depict 

differing combinations of routes to 

remain open to motorized travel. 

A consequence of designating routes 

open for public motorized travel is that 

those existing routes not designated as 

open would be not be available for 

public motorized travel. 

Decommissioning or obliterating these 

routes, which may involve ground 

disturbing activities, would not be a part 

of the Proposed Action or alternatives, 

and would generally require separate 

and distinct site-specific NEPA 

decisions regarding the implementation 

aspects of road closures. The 

environmental consequences of having 

routes closed to motorized travel will be 

evaluated in this environmental 

analysis. 

Identification of new routes that 

would meet the goals and objectives for 

a motorized transportation system on 

NFS lands will be, as appropriate, a part 

of this travel management planning and 

identified as an opportunity, but would 

require separate, site-specific NEPA 

decisions to implement ground 

disturbing activities associated with 

new route construction. 

Responsible Official 

The Responsible Official is Steve E. 

Williams, Forest Supervisor, Custer 

National Forest, 1310 Main Street, 

Billings, MT 59105. 

Nature of Decision To Be Made 

Based on the purpose and need for the 

proposed action, the Forest Supervisor 

will evaluate the Proposed Action and 

other alternatives in order to make the 

following decisions for the specific 

National Forest System lands: 

• Determine those non-system roads, 

trails, and areas that should be 

converted to system roads, trails and 

areas, and designate as open to the 

public for motorized travel; and, 

• Determine the allowed season and/ 

or type of use for those routes open to 

motorized travel 

• Determine if any changes in the 

extent and nature of dispersed vehicle 

camping are warranted. 

• Determined those non-motorized 

trails where pack and saddle stock use 

would be changed to day use or 

prohibited. 

• Site-specifically amend the Forest 

Plan by removing standards and 

guidelines for specific roads and trails 

from the Forest Plan (for example, see 

Forest Plan pages 51, 89, and 91). Travel 

management direction for routes that 

will not have a change in travel 

management direction will be shown on 

the Motor Vehicle Use Map (pursuant to 

36 CFR 212). Routes, for which travel 

management direction is being changed, 

will be analyzed in the EIS for the 

Beartooth Ranger District Travel 

Management Plan. 

Scoping Process 

Public scoping was initiated January 

30, 2004 and was planned to close by 

May 1, 2004. Several public meetings 

were conducted in local communities 

that could be affected by the decision. 

The scoping period was extended to 

September 1, 2004 due to high public 

interest. The Forest Service received 

over 5000 letters, postcards or other 

forms of commenting (i.e. electronically 

submitted comments). The project was 

delayed due to some key personnel 

changes, acts of nature (slides on 

Beartooth Highway and the Derby fire), 

and release of the 2005 Travel 

Management Rule. Hence, additional 

public meetings were conducted in July 

2006 to update the public on the process 

and brief those involved in the process 

on the 2005 Travel Management Rule, 

and from January through March 2007 

collaborative public meetings were 

conducted in an effort to find common 

ground. 

The Forest Service will consider all 

public scoping comments and concerns 

that have been submitted, as well as 

resource related input from the 

interdisciplinary team and other agency 

resource specialists. This input will be 

used to identify issues to consider in the 

environmental analysis. A 

comprehensive list of issues will be 

determined before the full range of 

alternatives is developed and the 

environmental analysis is begun. 

Persons and organizations 

commenting during the initial scoping 

will be maintained on the mailing list 

for future information about Beartooth 

Ranger District Travel Management 

Planning. 

The Responsible Official has 

determined, at this time that it is in the 

best interest of the Forest Service to 

prepare an environmental impact 

statement. 

Comments Requested 

Given that scoping has been 

conducted and that numerous public 

meetings have been conducted, 

comments are not being requested at 

this time. 

Early Notice of Importance of Public 

Participation in Subsequent 

Environmental Review 

A draft environmental impact 

statement will be prepared for public 

comment. The comment period on the 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Notices 40831 

draft environmental impact statement 

will be 45 days from the date that the 

Environmental Protection Agency (EPA) 

publishes the notice of availability in 

the Federal Register. 

Written comments are preferred and 

should include the name and address of 

the commenter. Comments submitted 

for this proposed action will be 

considered part of the public record. 

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. 

Reviewers of draft environmental 

impact statements must structure their 

participation in the 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, 409 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 the 

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 

alternative 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. 

Dated: July 18, 2007. 

Nancy J. Rusho, 

Acting Deputy Forest Supervisor. 

[FR Doc. 07–3616 Filed 7–24–07; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

South Project; Hell Canyon Ranger 

District, Black Hills National Forest 

Custer, SD 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

Environmental Impact Statement (EIS). 

SUMMARY: The Hell Canyon Ranger 

District of the Black Hills National 

Forest intends to prepare an 

Environmental Impact Statement (EIS) 

for a proposal to implement multiple 

resource management actions within the 

South project area as directed by the 

Black Hills National Forest Land and 

Resource Management Plan. The South 

project area is approximately 52,082 

acres in size, with 43,045 acres of 

National Forest lands, 1,197 acres of 

state land and 7,840 acres of private 

land. The project proposes to reduce the 

risk of large-scale wildfire effects on the 

At-Risks Communities (ARC) of Custer, 

Pringle and Argyle, South Dakota, 

provide for wildlife habitat needs, 

reduce risks of mountain pine beetle 

infestation, provide a sustainable supply 

of commercial timber, and provide 

management and public access. 

DATES: Comments related to this project 

will be most useful to the planning team 

if received within 30 days after 

publication of this notice in the Federal 

Register. The draft environmental 

impact statement is expected to be 

available January 2008 and the final 

environmental impact statement is 

expected to be completed by June 2008. 

ADDRESSES: Send written comments to 

Michael D. Lloyd, District Ranger, Black 

Hills National Forest, Hell Canyon 

Ranger District, 330 Mount Rushmore 

Road, Custer, South Dakota 57730. 

Telephone number: (605) 673–4853. Fax 

number: (605) 673–5461. Electronic 

comments must be readable in Word, 

RichText or pdf format and must 

contain ‘‘South’’ in the subject line. 

Electronic comments may be e-mailed 

to: comments-rocky-mountain-blackhills-hell-canyon@fs.fed.us. 

FOR FURTHER INFORMATION CONTACT: 

Betsy Koncerak, Project Leader, at the 

address listed above or by phone at 

(605) 673–4853. 

SUPPLEMENTARY INFORMATION: The 

actions proposed are in direct response 

to management direction provided by 

the Black Hills National Forest Land 

and Resource Management Plan, as 

amended (Forest Plan). The Project Area 

is located approximately four miles west 

of Custer, South Dakota and is within 

Custer County. The northernmost point 

of the project area lies approximately 

four miles north of US Highway 16 

along Lightning Creek road. The 

southernmost point of the project area is 

approximately 12 miles south of US 

Highway 16 along Pleasant Valley Road. 

Purpose and Need for Action 

The purpose and need for action in 

the South project area is to reduce the 

risk of large-scale wildfire on the AtRisk Communities (ARCs) of Custer, 

Pringle and Argyle, South Dakota (66 FR 

43384), provide for wildlife habitat 

needs, enhance vegetative diversity, 

reduce the risk of mountain pine beetle 

infestation, and provide a sustainable 

supply of commercial timber consistent 

with direction in the Revised Forest 

Plan for the Black Hills National Forest, 

as amended (Forest Plan), while 

providing for management and public 

access needs. This project is focused on 

implementing management actions that 

move toward achieving desired 

conditions and objectives embodied in 

Goals 10 (establish and maintain a 

mosaic of vegetation conditions to 

reduce occurrences of large-scale fire, 

insect, and disease events), 2 (provide 

for biologically diverse ecosystems), and 

3 (provide for sustained commodity 

uses) of the Forest Plan. 

Proposed Action 

The proposed action includes the 

following management actions: 

• Commercial thinning to 40 basal 

area on approximately 9,621 acres to 

reduce fuels around private lands to 

reduce the risk of large-scale wildfire. In 

addition, approximately 9,400 acres of 

prescribed burning is proposed to 

reduce fuels in other portions of the 

project area to create fuel breaks for 

community protection. 

• Commercial thinning to 60 basal 

area on approximately 2,628 acres to 

increase tree growth and vigor, reduce 

the potential for mountain pine beetle 

infestation and reduce the potential for 

spreading crown fires. 

• Releasing approximately 11,428 

acres of regenerated pine stands through 

overstory removal prescriptions. 

• Restoration and maintenance of 

meadows by removing conifers from 

approximately 2,847 acres of these 

habitats. 

• Reducing the density of the 

managed road system, which is 

currently 5.4 miles per square mile, by 

closing unneeded roads and by 

converting needed, unauthorized roads 

to system roads. 


rwilkins on PROD1PC63 with NOTICES