[Federal Register Volume 65, Number 223 (Friday, November 17, 2000)]
[Notices]
[Pages 69496-69498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29476]


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DEPARTMENT OF AGRICULTURE

Forest Service


Dry Fork Vegetation Restoration EIS--Lewis and Clark National 
Forest

AGENCY: Forest Service, USDA.

[[Page 69497]]


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

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SUMMARY: The Forest Service will prepare an environmental impact 
statement on a proposal to treat vegetation on approximately 4,100 
acres in Cascade and Judith Basin Counties, Montana. An assessment 
titled Dry Fork Vegetation and Recreation Restoration Environmental 
Assessment (EA) was completed in August 1999 and a Decision Notice/
Finding of No Significant Impact was released on June 15, 2000. On 
appeal, a portion of the decision dealing with vegetative restoration 
was reversed. In order to further the purposes of the National 
Environmental Policy Act and to provide additional disclosure, the 
analysis will now be revisited and documented in an Environmental 
Impact Statement (EIS).

DATES: Comments concerning the scope of the analysis, issues, the 
alternatives, and evaluation of alternatives were received during 
development of the EA. Although no formal scoping period is proposed 
for this EIS, comments will be accepted and an opportunity to comment 
on the draft EIS will be provided.

ADDRESSES: Send written comments to Rick Prausa, Forest Supervisor, 
Lewis and Clark National Forest, 1101 15th Street North, Box 869, Great 
Falls, MT 59403. Electronic mail may be sent to comment/
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="5b29370404373e2c322838373a29301b3d28753d3e3f752e28">[email protected]</a>.

FOR FURTHER INFORMATION CONTACT: Jennifer Scheer, EIS Team Leader, 
(406) 791-7700.

SUPPLEMENTARY INFORMATION: The Forest Service proposes to treat 
vegetation on approximately 4,100 acres in the Dry Fork of Belt Creek 
drainage on the Kings Hill Ranger District of the Lewis and Clark 
National Forest. The entire project area covers about 40,700 acres in 
the western portion of the Little Belt Mountains. The purpose of the 
proposed action is to move the condition of the area's forest and 
grasslands in a direction more closely approximated under natural 
conditions in which fire succession played a larger role. In addition, 
the proposed action will reduce the risk of large wildfire by reducing 
fuel accumulation. The previous EA considered, in detail, five 
alternatives for vegetative treatment. This EIS will include those 
alternatives, but will replace Alternative 5 in the EA with the 
modified alternative previously identified for selection in the 
decision notice. The alternatives evaluate a variety of treatment 
methods, including timber harvest, prescribed burning, road 
construction or reconstruction, and road closure to address issues and 
concerns in the project area.
    Decisions To Be Made: The Forest Supervisor will decide whether and 
where vegetative treatment activities would take place in the project 
area. He will decide the number of acres, if any, on which treatment 
would take place and the types of treatment methods to be used. He will 
decide when any management activities would take place, what mitigation 
measures would be implemented to address concerns, and whether the 
action requires amendment(s) to the Lewis and Clark Forest Plan.
    Responsible Official: Rick Prausa, Forest Supervisor, is the 
Responsible Official for making the decision to implement any of the 
alternatives evaluated. He will document his decision and rationale in 
a Record of Decision.
    Preliminary Issues: Issues associated with vegetative treatments 
that were identified during scoping and development of the 
Environmental Assessment include impacts of proposed activities on 
wildlife and fish species and their habitat, soil resources, water 
quality and water yield, and forest health.
    Public Involvement, Rationale, and Public Meetings: Initial scoping 
for this project began in April 1998. A letter was sent to 376 
individuals requesting comment on the proposed action. Public 
participation, including public meetings, field trips, and community 
involvement, occurred throughout the development of the EA. Comments 
were received on the EA and an opportunity provided for appeal of the 
decision. A portion of the decision resulting from the EA was reversed 
on appeal. As scoping on this proposal has already taken place during 
development of the EA, no formal scoping period or public meetings on 
the proposal are being considered at this time, however, public 
participation in this analysis is welcome at any time. Documenting the 
analysis in an Environmental Impact Statement provides an opportunity 
to strengthen the analysis and allow for additional public review and 
comment. A 45-day review period for comments on the Draft EIS will be 
provided. Comments received will be considered and included in 
documentation of the Final EIS. The public is encouraged to take part 
in the process and to visit with Forest Service officials at any time 
during the analysis and prior to the decision. The Forest Service has 
sought and will continue to seek 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 
action.
    Electronic Access and Filing Addresses: Comments may be sent by 
electronic mail (e-mail) to comment/<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="1e6c2f4141727b69776d7d727f6c755e786d30787b7a306b6d">[email protected]</a>. Please 
reference the Dry Fork Vegetation Restoration EIS on the subject line. 
Also, include your name and mailing address with your comments so 
documents pertaining to this project may be mailed to you.
    Estimated Dates for Filing: The Draft EIS is expected to be filed 
with the Environmental Protection Agency (EPA) and to be available for 
public review by December, 2000. At that time EPA will publish a Notice 
of Availability of the draft EIS in the Federal Register. The comment 
period on the draft EIS will be 45 days from the date the EPA publishes 
the Notice of Availability in the Federal Register. It is very 
important that those interested in the management of this area 
participate at that time.
    The final EIS is scheduled to be completed by March, 2001. In the 
final EIS, the Forest Service is required to respond to comments 
received during the comment period that pertain to the environmental 
consequences of the action, as well as those pertaining to applicable 
laws, regulations, and policies. These will be considered in making a 
decision regarding the proposal.
    The Reviewers Obligation To Comment: 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 
Corp. versus 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. Wisconsin Heritages, Inc. versus 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.

[[Page 69498]]

    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.

    Dated: October 11, 2000.
Robin Strathy,
Acting Lewis and Clark Forest Supervisor.
[FR Doc. 00-29476 Filed 11-16-00; 8:45 am]
BILLING CODE 3410-11-M


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