[Federal Register Volume 62, Number 244 (Friday, December 19, 1997)]
[Notices]
[Pages 66594-66595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33062]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Fatty-Piper Access Requests Project, Flathead National Forest, 
Swan Lake Ranger District, Lake County, Montana

AGENCY: Forest Service, USDA.

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

-----------------------------------------------------------------------

SUMMARY: The Flathead National Forest, Swan Lake Ranger District, will 
prepare an environmental impact statement on a proposal to grant 
easements and authorize construction of roads across National Forest 
System lands in the Cedar Creek, Fatty Creek, and Piper Creek 
watersheds. The action is proposed in response to an applicant seeking 
permanent, roaded access to approximately 1,760 acres of non-federal 
land located within the Flathead National Forest boundary. The 
requested easements are located roughly 20 miles south of Swan Lake, 
Montana. The non-federal land to be accessed is located in sections 9, 
15, and 23, Township 22 North, Range 18 West and section 35, Township 
23 North, Range 18 West, Lake County, Montana. The easements are 
requested on National Forest System lands in sections 4, 10, and 14, 
Township 22 North, Range 18 West and section 34, Township 23 North, 
Range 18 West. The proposed project will be in compliance with the 
direction in the Flathead National Forest Land and Resource Management 
Plan (December, 1985), which provides the overall guidance for 
management of the area. The agency gives written notice of this 
analysis so that interested and affected people are aware of how they 
may participate and contribute to the final decision.

DATES: Comments concerning the scope of the analysis should be received 
in writing at the address shown below by January 23, 1998.

ADDRESSES: Submit written comments to Charles E. Harris, District 
Ranger, Swan Lake Ranger District, 200 Ranger Station Road, Bigfork, 
Montana 59911.

FOR FURTHER INFORMATION CONTACT:
Questions about this environmental impact statement should be directed 
to Dennis McCarthy, Planning Team Leader, Swan Lake Ranger District, 
200 Ranger Station Road, Bigfork, Montana 59911; phone (406) 837-7500.

SUPPLEMENTARY INFORMATION: The Swan Lake Ranger District is initiating 
this action in response to four applications filed by Plum Creek Timber 
Company, L.P. (Plum Creek). Plum Creek requested rights-of-way across 
Forest Service lands for the purpose of establishing permanent, roaded 
access to approximately 1,760 acres in four sections of Plum Creek 
land. The applications involve requests for five segments of road 
totaling approximately three miles across Forest Service land. Plum 
Creek has stated that it intends to manage these sections of land for 
long-term timber production using conventional ground-based logging 
systems and build roads on the permitted rights-of-way, sufficient to 
support timber production.
    Plum Creek has no roaded access to two of the sections of land, 
which are surrounded by National Forest System lands. Plum Creek has 
limited access to the other two sections and has requested additional 
roaded access to them. Plum Creek seeks permanent, roaded access 
pursuant to federal regulations at 36 CFR part 251 (subpart D--Access 
to Non-Federal Lands), 36 CFR part 212 (Ingress and Egress) and the 
Alaska National Interest Lands Conservation Act (ANILCA) and its 
implementing regulations.
    Swan Lake Ranger District personnel invited comments on the 
environmental analysis for this project in September, 1996, by sending 
a scoping notice to people on the District's mailing list. 
Subsequently, District personnel determined that they should prepare an 
environmental impact statement. The comments received in response to 
the September, 1996 scoping will be taken into consideration along with 
comments received on the draft environmental impact statement. Some of 
the issues identified include impacts to: Water quality; soils and 
slope stability; air quality; proximity to the Mission Mountains 
Wilderness; threatened, endangered, and sensitive animal, plant, and 
fish species and habitat (i.e., grizzly bear, bull trout, water 
howellia); old-growth forests; roadless area; and recreational 
experiences.
    Swan Lake Ranger District personnel will be seeking information, 
comments, and assistance from Federal, State, and local agencies and 
other individuals or organizations who may be interested in or affected 
by the proposed actions. The scoping period for the draft environmental 
impact statement will extend to January 23, 1998. This information will 
be used in preparation of the draft environmental impact statement.
    The draft environmental impact statement will be filed with the 
Environmental Protection Agency and will be made available for public 
review in February, 1998. At that time, copies of the draft 
environmental impact statement will be distributed to interested and 
affected agencies, organizations, and members of the public for their 
review and comment. The Environmental Protection Agency will publish a 
notice of availability of the draft environmental impact statement in 
the Federal Register. The comment period will be no less than 45 days 
from the date that appears in the Federal Register.
    The Forest Service believes it is important to give reviewers 
notice at this early stage 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 Corporation 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 (8th Circuit, 1986) and Wisconsin Heritages, Inc. v. Harris, 
490 F. Supp. 1334, 1338 (E.D. Wisconsin, 1980). Because of these court 
rulings, it is very important that those interested in this proposed 
action participate by the close of the 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 environmental 
impact statement should be as specific as possible. It is also helpful 
if comments refer to specific pages of chapters 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.

[[Page 66595]]

    The final environmental impact statement is scheduled to be 
completed by May, 1998. In the final environmental impact statement, 
the Swan Lake Ranger District is required to respond to comments and 
responses received during the comment period that pertain to the 
environmental consequences discussed in the draft environmental impact 
statement and applicable laws, regulations and policies considered in 
making the decision regarding this proposal. Charles E. Harris, 
District Ranger, Swan Lake Ranger District, is the responsible official 
and his decision and reasons for this decision will be documented in 
the Record of Decision. The decision will be subject to Forest Service 
appeal regulations (36 CFR 215).

    Dated: December 8, 1997.
Charles E. Harris,
District Ranger.
[FR Doc. 97-33062 Filed 12-18-97; 8:45 am]
BILLING CODE 3410-11-M