[Federal Register Volume 62, Number 197 (Friday, October 10, 1997)]
[Notices]
[Pages 52964-52965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26790]


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DEPARTMENT OF AGRICULTURE

Forest Service


Nicholson Land Exchange, Boise National Forest, Boise and Elmore 
Counties, ID

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare Environmental Impact Statement.

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SUMMARY: The Boise National Forest will prepare an Environmental Impact 
Statement (EIS) to document the analysis and disclose the environmental 
impacts of a proposed land exchange with Thomas T. and Diana R. 
Nicholson.
    In this exchange, the Boise National Forest would trade parcels 
totaling approximately 5,890 acres to the Nicholsons in exchange for 
parcels totaling approximately 573 acres. In order for the exchange to 
take place, the appraised values of the lands exchanged must be equal. 
Because of the different character, location, and potential uses of the 
different parcels, it is possible for appraised values to be equal even 
when acreage figures are not. Any or all of the acres proposed for 
exchange may be exchanged provided the values are equal. In the event 
the values are not equal, either party may equalize the value by 
payment in cash, provided the cash equalization does not exceed 25 
percent of the appraised value of the Federal lands to be conveyed in 
the exchange.

DATES: Written comments concerning the scope of the analysis described 
in this Notice should be received by November 14, 1997, to ensure 
timely consideration. No scoping meetings are planned at this time.

ADDRESSES: Send written comments to Sharon Paris, Project Coordinator, 
Boise National Forest, 1249 South Vinnell Way, Boise, ID 83709.

FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed 
action and EIS should be directed to Sharon Paris at (208) 373-4157.

SUPPLEMENTARY INFORMATION: In September 1995, the Boise National Forest 
completed an Environmental Assessment (EA) titled ``Nicholson #3 Land 
Exchange Project.'' This EA was distributed to the public as a 
predecisional EA.
    Based on the information in the EA, the Boise National Forest 
concluded the proposal may have a significant effect on the roadless 
resource and decided to prepare an EIS. The proposal may result in the 
reduction of approximately 1,745 acres of the Mount Hienen Inventoried 
Roadless Area (IRA) from the National Forest System. The IRA is 
currently 12,390 acres. Proposals that may substantially alter the 
undeveloped character of an IRA require the preparation of an EIS.
    The previous scoping and analysis identified that the proposed 
exchange would result in the reduction of approximately 1,745 acres of 
the Mount Heinen IRA from the National Forest System. Other potential 
issues may be identified during the current scoping period.
    The Forest Service is seeking information and comments from 
Federal, State, and local agencies, as well as individuals and 
organizations who may be interested in, or affected by, the proposed 
action. The Forest Service invites written comments and suggestions on 
the issues related to the proposal and the area being analyzed.

[[Page 52965]]

    Information received will be used in preparation of the draft EIS 
and final EIS. For the most effective use, comments should be submitted 
to the Forest Service within 30 days from the date of publication of 
this Notice in the Federal Register.
    The Responsible Official is Robert W. Ross, Jr., Director of 
Recreation and Lands, Intermountain Region, Ogden, Utah. The decision 
to be made is whether to exchange National Forest System lands for 
private lands that would be of equal appraised value and of benefit to 
the public. The draft EIS is expected to be available for public review 
in February 1998, with a final EIS estimated to be completed in May 
1998. The comment period on the draft EIS 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 EIS's 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 chapter of the draft EIS. Comments may also address 
the adequacy of the draft EIS or the merits of the alternatives 
formulated and discussed in the draft EIS. 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 in response to this solicitation, including names 
and addresses of those who comment, will be considered part of the 
public record on this proposed action 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 215 or 217. 
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 confidentially should be aware that, under the 
FOIA, confidentiality may be granted in only 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 where 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 10 days.

    Dated: October 3, 1997.
Jack A. Blackwell,
Deputy Regional Forester, Intermountain Region, USDA Forest Service.
[FR Doc. 97-26790 Filed 10-9-97; 8:45 am]
BILLING CODE 3410-11-M