36208 Federal Register / Vol. 63, No. 127 /Thursday, July 2, 1998 / Notices

environmental objections that could be

raised at the draft environmental impact

statement stage but 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 v. Harris, 490 F. Supp. 1334,

1338 (E.D. Wis. 1980). Because of these

court rulings, it is very important those

interested in this proposed action

participate by the close of the 45-day

comment period so 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.

I am the responsible official for this

environmental impact statement. My

address is Lolo National Forest,

Building 24, Fort Missoula, Missoula

MT 59804.

Dated: June 18, 1998.

Charles C. Wildes,

Forest Supervisor.

[FR Doc. 98–17665 Filed 7–1–98; 8:45 am]

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DEPARTMENT OF AGRICULTURE

Forest Service

Clearwater Ecosystem Management

and Timber Sale Projects; Seeley Lake

Ranger District, Lolo National Forest,

Missoula County, Montana

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare an

environmental impact statement.

SUMMARY: The USDA, Forest Service,

will prepare an environmental impact

statement (EIS) to disclose the

environmental effects of timber harvest,

reforestation, temporary road

construction, road access changes

including closures, and prescribed and

ecosystem management burning in a

7,000 acre project area approximately 12

miles northeast of Seeley Lake,

Montana.

DATE: Written comments and

suggestions should be received on or

before August 3, 1998.

ADDRESSES: Submit written comments

and suggestions on the proposed

management activities or a request to be

placed on the project mailing list to

Timothy G. Love, Ranger District, Lolo

National Forest, HC 31, Box 3200,

Seeley Lake, MT 59868.

FOR FURTHER INFORMATION CONTACT:

Sharon Klinkhammer, EIS Team Leader,

District Silviculturist, Lolo National

Forest, Phone (406) 677–3925.

SUPPLEMENTARY INFORMATION: The

responsible official who will make

decisions based on this EIS is Charles

Wildes, Forest Supervisor, Lolo

National Forest, Building 24, Fort

Missoula, Missoula, MT, 59804. He will

decide on this proposal after

considering comments and responses,

environmental consequences, applicable

laws, regulations, and policies. The

decision and rationale for the decision

will be documented in a Record of

Decision.

The Forest Service proposes to

harvest 3 million board feet of timber

from 550 acres. Approximately 300

acres will be in openings ranging from

5–100 acres. Openings will retain

approximately one-third of the trees

growing on the site. Trees in these

openings will then be burned to create

fire-killed dead and the areas

regenerated. To accomplish this,

approximately 2 miles of temporary

road will be built. An estimated 6.5

miles of road will be obliterated after

harvest and additional road closures put

into effect. In addition, ecosystem

management burning on approximately

250 acres to improve wildlife Habitat is

planned. Area affected is within the

Upper and East For Clearwater River

Drainages approximately 12 miles

northeast of Seeley Lake, MT.

The purpose of this proposal is to

carry out the goals and direction stated

in the Lolo National Forest Plan using

ecosystem management principles. The

objectives are to:

• Reduce road densities in order to

meet inter-agency access standards for

grizzly bear.

• Reduce the risk of mature lodgepole

stands to mountain pine beetle

mortality, to maintain the health and

vigor of seral species stands, and to

contribute to the forest plan

expectations for timber production

through harvesting.

• Reduce existing sources of sediment

to water and fisheries resources caused

by existing roads.

• Reintroduce and simulate low and

moderate intensity fires in firedependent ecosystems in order to create

fire-killed dead trees on the landscape

and improve wildlife habitat.

• Treat noxious weeds.

• Create vistas of Swan mountains

along the Clearwater Loop Road

• Precommercially thin young stands

to achieve desired species composition

and density.

Public scoping was conducted on

most elements of this proposal during

June, 1997. Since then the proposal has

been reduced in scale and modified.

Issues and comments identified during

this earlier scoping process will be

carried forward and addressed in this

analysis.

The following key issues were

identified and will be used to develop

alternatives and assess environmental

consequences:

1. The project area has high value

grizzly bear habitat, important bull trout

spawning habitat, sensitive soils, and

high value water quality. The current

density of roads is high enough to result

in adverse effects on those resources.

The density of open and closed roads

exceeds the inter-agency standard for

grizzly bears. Culverts and drainage

features on many of the roads in the

project area are inadequate for the high

volume run-off typical to the area. To

meet current resource standards, roads

in the project area need: (1) an overall

reduction in density; (2) removal or

upgrade of roads or culverts most at risk

of failing during high run-off events;

and (3) an upgrade of drainage features

to reduce sediment during run-off

events.

2. Management of the project area is

subject to a number of laws, standards,

interim regulations, and special

allocations. The area is within occupied,

essential grizzly bear habitat (USDI,

1993). Road densities exceed the

standard for grizzly bear habitat. While

the Clearwater River is not a ‘‘Water

Quality Limited’’ segment as

determined by Montana State in the

current 305(b) Report, Seeley Lake,

approximately 12 miles down-stream is

identified as Water Quality Limited. The

USDI Fish, Wildlife Service made a

decision to list bulltrout as a threatened

species within the Columbia River Basin

in early June, 1998. Current road

densities and past management

activities have resulted in a decrease in

large woody debris and an increase in

sediment within streams of the analysis

area.
Federal Register / Vol. 63, No. 127 /Thursday, July 2, 1998 / Notices 36209

3. As a result of past management

activities, including fire suppression,

there has been a shift in fire regime,

forest structure, species composition

and patch size across the landscape. Of

particular concern is the extent of

mature lodgepole pine stands at risk to

mountain pine beetle mortality. Some

level of vegetative treatment could

stabilize stands, reduce risks to insect

and disease mortality, and maintain

vigor. Reintroduction of fire to simulate

natural processes and patterns is

desirable to improve wildlife habitat.

4. Recreational values and demand

are high and need to be considered. At

present the Clearwater area abounds

with recreation opportunities such as

driving the Clearwater Loop Road,

hunting, fishing, snowmobiling, crosscountry skiing, berry-picking and

hiking. Unique and outstanding

opportunities include scenic drives and

canoeing on pristine Clearwater Lake.

Management actions should not detract

from the existing opportunities.

5. The area east of Clearwater Loop

Road is in RARE II area 01485. The

boundary of the RARE II area 01485

coincides with portions of Road 4370.

Portions were precommercially thinned

and roaded about 30 years ago. The

roads are currently over-grown with

brush and undrivable. Past wilderness

proposals included areas above 5800

feet but did not include this area. Any

treatments proposed within the RARE II

area will be analyzed to determine

impacts on roadless character and will

be consistent with agency regulations

and policies.

In addition to these key issues,

secondary issues include: treatment of

noxious weeds to curtail spread, the

effects of treatments on old growth

stands and the species that use them,

effects of treatments on management

indicator species or sensitive plan and

wildlife species, biodiversity,

fragmentation and corridors, cultural

resources and precommercial thinning

of young stands.

The Forest Service will consider a

range of alternatives. Other alternatives

will examine varying levels and

locations for activities in response to

issues and other resource values. In

addition to the proposed action, one of

these will be the ‘‘no action’’

alternative—in which none of the

proposed activities would be

implemented. Another alternative, in

addition to the treatments in the

proposed action, will address the

impacts of commercial thinning from

existing open roads. This concept is

further broadened in an alternative that

adds areas that can only be accessed

from existing road and must be logged

during the winter using snow roads.

Public participation is an important

part of the analysis, commencing with

the initial scoping process (40 CFR

1501.7) which will occur during July,

1998. In addition to this initial scoping,

the public may visit Forest Service

officials at any time during the analysis

and prior to the decision. The Forest

Service 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 action. Consultation with the

USDI Fish, Wildlife Service on grizzly

bear and bulltrout will occur. No public

meetings are scheduled at this time.

The Draft EIS is expected to be filed

with the Environmental Protection

Agency (EPA) and available for public

review in January, 1999. At that time,

the 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’s notice of availability

appears in the Federal Register. It is

very important that those interested in

management of the Clearwater project

area participant at that time. The Final

EIS is scheduled to be completed by

April, 1999.

The Forest Service believes, at this

early stage, it is important to give

reviewers notice of several count 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

statements stage buts that are not raised

until after completion of the final

environmental impact statement may be

waived or dismissed by the courts. City

of Agoon 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 30-day

scoping 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

developing issues and alternatives. To

assist the Forest Service in identifying

and considering issues, comments

should be as specific to this proposal as

possible. 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: June 23, 1998.

Charles C. Wildes,

Forest Supervisor.

[FR Doc. 98–17666 Filed 7–1–98; 8:45 am]

BILLING CODE 3410–11–M

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and

Stockyards Administration

Proposed Posting of Stockyards

The Grain Inspection, Packers and

Stockyards Administration, United

States Department of Agriculture, has

information that the livestock markets

named below are stockyards as defined

in section 302 of the Packers and

Stockyards Act (7 U.S.C. 202) and

should be made subject to the

provisions of the Packers and

Stockyards Act, 1921, as amended (7

U.S.C. 181 et seq.).

MS–171—Varner Horse Company,

Edwards, Mississippi

NM–123—Southwest Livestock

Auction, Los Lunas, New Mexico

Pursuant to the authority under

section 302 of the Packers and

Stockyards Act, notice is hereby given

that it is proposed to designate the

stockyards named above as posted

stockyards subject to the provisions of

said Act.

Any person who wishes to submit

written data, views or arguments

concerning the proposed designation

may do so by filing them with the

Director, Office of Policy/Litigation

Support, Packers and Stockyards

Programs, Grain Inspection, Packers and

Stockyards Administration, U.S.

Department of Agriculture, 1400

Independence Avenue, SW, Stop 3646,

Room 3418–S, Washington, D.C. 20250,

by July 17, 1998.

All written submissions made

pursuant to this notice will be made

available for public inspection in the

office of the Director of the Office of

Policy/Litigation Support during normal

business hours.

Done at Washington, DC, this 23rd day of

June 1998.

Daniel L. Van Ackeren,

Director, Office of Policy/Litigation Support,

Packers and Stockyards Programs.

[FR Doc. 98–17440 Filed 7–1–98; 8:45 am]

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