[Federal Register Volume 63, Number 148 (Monday, August 3, 1998)]
[Notices]
[Pages 41223-41224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20567]


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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 63, No. 148 / Monday, August 3, 1998 / 
Notices

[[Page 41223]]


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DEPARTMENT OF AGRICULTURE

Forest Service


Double Sec Timber Sale and Vegetation Management, Philipsburg 
Ranger District, Beaverhead-Deerlodge National Forest, Granite and Deer 
Lodge Counties, MT

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare environmental impact statement.

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SUMMARY: The Forest Service will prepare an environmental impact 
statement (EIS) to document the analysis and disclose the environmental 
impact of proposed actions to manage the vegetation through timber 
harvest and prescribed burning in the Flint Creek, North Flint Creek, 
and upper Warm Springs drainages. The timber harvest proposal includes 
road construction and regenerating new stands of trees. The project 
area is located approximately 10 miles south of Philipsburg, Montana.
    The Forest Service intends to harvest 11.5 million board feet of 
timber using a variety of harvest methods on approximately 1,250 acres 
of Forest land. The proposal includes construction of 4.5 miles of 
permanent roads and 4.5 miles of temporary roads.
    Additionally, the proposal includes mechanical and prescribed fire 
treatments to control conifer encroachment on 843 acres.
    Travel management, both motorized and non-motorized, will be 
analyzed to determine the effects to wildlife and may result in changes 
in public access.

DATES: Initial comments concerning the scope of the analysis should be 
received in writing no later than September 14, 1998.

ADDRESSES: Send written comments to Deborah L.R. Austin, Forest 
Supervisor, c/o Bob Gilman, District Ranger, Philipsburg Ranger 
District, PO Box H, Philipsburg, Montana 59858.

FOR FURTHER INFORMATION CONTACT:
Ed Casey, Interdisciplinary Team Leader, Philipsburg Ranger District, 
PO Box H, Philipsburg, MT, 59858; or phone: (406) 859-3211.

SUPPLEMENTARY INFORMATION: The environmental analysis was initiated for 
this area in the spring of 1997. At that time it was thought that an 
environmental assessment would be adequate to make an informed 
decision. New information concerning potential significant effects to 
lynx, which is proposed for listing under the ESA as a threatened 
species, due to overharvest and habitat modification has led to the 
decision to prepare an environmental impact statement.
    The proposed action would harvest approximately 11.5 million board 
feet from 1,250 acres. Harvest would occur in the Dry Creek, Blodgett 
Gulch, Travelers Home Creek, Sawmill Creek, and North Fork Flint Creek 
subwatersheds. Silvicultural methods include precommercial thinning, 
commercial thinning, shelterwood, seed tree, salvage, clearcut, 
clearcut with reserve, and partial overstory removal. Approximately 4.5 
miles of permanent roads would be constructed to access harvest units 
and to provide future access for protection and management of the area. 
In addition, 4.5 miles of temporary roads would provide short term 
access to harvest units.
    Public participation is important to the analysis. Part of the goal 
of public involvement is to identify additional issues and to refine 
the general, tentative issues. To date, over 900 letters were sent to 
interested people, adjacent landowners, organizations, business, as 
well as Federal, State, County, and Tribal organizations. A field trip 
was held during the summer of 1997. Preliminary issues identified in 
scoping include effects to wildlife habitats, visual quality, 
recreation, and adjacent private land. Potential alternatives may 
harvest less timber, or emphasize harvest in other areas. 
Implementation of the proposed action or alternatives may require 
forest plan amendments for elk management, visual quality standards, or 
timber size class standards.
    People may visit with Forest Service officials at any time during 
the analysis and prior to the decision. Two periods are specifically 
designated for comments on the analysis: (1) during the scoping process 
and (2) during the draft EIS comment period.
    During the scoping process, the Forest Service is seeking 
additional information and comments from Federal, State, and local 
agencies and other individuals or organizations who may be interested 
in or affected by the proposed action. The United States Fish and 
Wildlife Service will be consulted concerning effects to threatened and 
endangered species. The agency invites written comments and suggestions 
on this action, particularly in terms of identification of issues and 
alternative development.
    The draft EIS should be available for review in February, 1999. The 
final EIS is scheduled for completion in May, 1999.
    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 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 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 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, Inc. v. Harris, 400 
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

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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.
    The Beaverhead-Deerlodge Forest Supervisor is the responsible 
official who will make the decision. She will decide on this proposal 
after considering comments and responses, environmental consequences 
discussed in the Final EIS, and applicable laws, regulations, and 
policies. The decision and reasons for the decision will be documented 
in a Record of Decision.

    Dated: July 22, 1998.
Thomas W. Heintz,
Acting Forest Supervisor, Beaverhead-Deerlodge National Forest.
[FR Doc. 98-20567 Filed 7-31-98; 8:45 am]
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