[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Notices]
[Pages 14414-14417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6551]



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DEPARTMENT OF AGRICULTURE

Beaver/Cedar Land Exchange; Clearwater National Forest; 
Clearwater and Latah Counties, Idaho

AGENCY: Forest Service, USDA.

ACTION: Notice; Intent to prepare an environmental Impact statement.

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SUMMARY: The Department of Agriculture, Forest Service, Clearwater 
National Forest, with assistance from Potlatch Corporation, will 
prepare an EIS (environmental impact statement) for a proposal to 
exchange National Forest land for Potlatch owned land. The project area 
is located on the North Fork Ranger District on the Clearwater National 
Forest and the Palouse Ranger District on the St. Joe National Forest 
and administered by the Clearwater National Forest, head-quartered in 
Orofino, Idaho. The Agreement to Initiate a land exchange was signed by 
Potlatch Corporation on September 17, 1993, and the Forest Service on 
October 8, 1993. This exchange is proposed pursuant to the General 
Exchange Acts of March 1, 1911 and March 20, 1922, as amended, and the 
Federal Land Policy Management Act of October 21, 1976.
    The EIS will tier to the Clearwater National Forest Land and 
Resource Management Plan Final EIS of September, 1987, which provides 
overall guidance of all land management activities on the Clearwater 
National Forest. Analyses will also be conducted in compliance with the 
Stipulation of Dismissal agreed to for the lawsuit between the Forest 
Service and the Sierra Club, et al (signed September 13, 1993).
    The agency invites written comments and suggestions on the issues 
and management opportunities for the area being analyzed.

DATES: Comments concerning the scope of the analysis should be received 
within 45 days following publication of this notice to receive timely 
consideration in the preparation of the Draft EIS. The Draft EIS is 
anticipated to be filed with the Environmental Protection Agency in 
August 1995. The Final EIS and Record of Decision are expected to be 
issued in December of 1995.

ADDRESSES: Submit written comments and suggestions on the proposed 
action or requests to be placed on the project mailing list to James L. 
Caswell, Forest Supervisor, Clearwater National Forest, 12730 U.S. 
Highway 12, Orofino, ID, 83544. FAX: 208-476-8329.

FOR FURTHER INFORMATION CONTACT:
Bill Jones, Interdisciplinary Team Leader, Clearwater National Forest, 
Supervisor's Office, telephone (208) 476-4541.

SUPPLEMENTARY INFORMATION: Potlatch Corporation owns approximately 
thirty-seven sections of land, each containing approximately 640 acres, 
within the Cedars-Trout area of the North Fork Ranger District. These 
sections alternate with National Forest sections, and together they 
comprise what is referred to as a ``checkerboard'' area on the 
Clearwater National Forest. The majority of this area is unroaded and 
is adjacent to the Upper North Fork and Great Burn roadless areas. 
Large portions of the area were impacted by the 1910 burn and have 
returned to stands of lodgepole pine, where as, the unburned areas 
support stands of western redcedar, grand fir, Douglas-fir, western 
larch, Engelmann spruce, and subalpine fir. A good elk population 
inhabits the area, as do mule deer, white tail deer, moose, mountain 
lion, river otter, black bear, and maybe some mountain goats in the 
higher elevations. Fishing is excellent with an abundance of cutthroat 
trout and bull trout, with some brook trout in the smaller cold 
streams. The area contains the popular Cedars Campground and is 
adjacent to a lot of historic gold mining activity in Moose City and 
the surrounding country.
    The Beaver Block, owned by the Forest Service, is characterized as 
an island of timber surrounded by cut-over private lands. It has a good 
gravel road [[Page 14415]] system and has been intensively managed 
since the 1940's. The area is very productive due to a good ash cap, 
that once supported large stands of western white pine. Western 
redcedar, grand fir, Douglas-fir, and minor amounts of Engelmann 
spruce, western white pine, ponderosa pine, and western larch now 
inhabit the area. The area provides excellent habitat for elk, and its 
rolling dissected topography is a favorite place for big-game hunters. 
Also present are moose, black bear, and white tail deer. Fishing is 
fair and is limited to brook trout in the South Fork of Beaver Creek. 
There is a lot of historic evidence of old logging cord wood roads and 
camp sites within the area.
    The Clearwater Forest Plan provides guidance for land exchange 
within the potentially affected area through its goals, objectives, 
standards, guidelines and management area direction. The areas of 
proposed land exchange would occur mostly within Management Area E1. 
There are several inclusions of Management Area C4 within the Beaver 
Block area. Below is a brief description of the applicable management 
direction.
    Management Area E1--Timber Management--Provide optimum, sustained 
production of timber products in a cost-effective manner while 
protecting soil and water quality. Lands Goal--Seek opportunities to 
consolidate land ownership through land exchange.
    Management Area C4--Elk Winter Range/Timber--Provide sufficient 
winter forage and thermal cover for existing and projected big game 
populations while achieving timber production outputs. Lands Goal--
Acquire private inholdings.
    Initial negotiations began in 1985 with DAW Forest Products Company 
on a land exchange involving federal and non-federal parcels within the 
Cedars-Trout area. DAW later decided to get out of the area totally in 
favor of acquiring federal property on the Lolo National Forest to 
facilitate their mill in Superior, Montana. As this would take 
legislative action, DAW did not pursue this action and decided to not 
engage in a land exchange.
    In January 1993, the Clearwater National Forest was approached by a 
local real estate representative wanting to know if the Forest would be 
interested in a land exchange involving DAW, the State of Idaho, and 
the Forest Service. Under this proposal, DAW would exchange their lands 
in the Cedars-Trout area to the State of Idaho for some State land near 
St. Maries, Idaho. The State would in turn exchange their newly 
acquired Cedars-Trout parcels for the federally owned Beaver Block. 
Before this proposal could be acted upon, all of the property owned by 
DAW went up for sale.
    Later that year Potlatch Corporation informed the Forest that they 
were interested in purchasing the Cedars-Trout area from DAW, and asked 
if the Forest would be interested in a land exchange for the Beaver 
Block. On August 19, 1993, a letter was sent to Potlatch Corporation 
stating the Forest was interested in the exchange, but, with no 
guarantees that the exchange would be consummated. After some internal 
scoping, an Agreement to initiate was signed by both Potlatch 
Corporation and the Forest Service. Later in September, Potlatch 
Corporation and Bennett Lumber Company co-purchased the Cedars-Trout 
area as well as the other DAW owned lands on the Palouse Ranger 
District. Potlatch Corporation is currently giving Bennett Lumber 
Company some of their other land holdings in exchange for sole 
ownership of the newly acquired DAW lands.
    As a result of internal scoping and negotiations with Potlatch, the 
following tracts are being proposed for exchange: Nonfederal Land 
(Property that Potlatch Corporation will consider exchanging)

------------------------------------------------------------------------
                    Location                         Acres       Total  
------------------------------------------------------------------------
T40N, R10E, Clearwater County, North Fork Ranger                        
 District:                                                              
  Sec 1 Lots 1-4, S\1/2\N\1/2\,S\1/2\...........  ..........      650.08
T40N, R11E, Clearwater County, North Fork Ranger                        
 District:                                                              
  Sec 1 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/                            
   4\,S\1/2\....................................      649.28            
  Sec 3 Lots 1-4, S\1/2\N\1/2\,S\1/2\...........      652.24            
  Sec 4 Lots 2,4, S\1/2\NW\1/4\, SW\1/4\........      368.27            
  Sec 5 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/                            
   4\,S\1/2\....................................      650.08            
  Sec 7 Lots 1,2, E\1/2\NW\1/4\, NE\1/4\,E\1/                           
   2\SE\1/4\....................................      388.49            
  Sec 8 N\1/2\,W\1/2\SW\1/4\....................      400.00            
  Sec 9 all.....................................      640.00            
  Sec 10 all....................................      640.00            
  Sec 11 all....................................      640.00            
  Sec 13 all....................................      640.00            
  Sec 14 all....................................      640.00            
  Sec 15 N\1/2\,SE\1/4\, E\1/2\SW\1/4\..........      560.00            
  Sec 23 E\1/2\NE\1/4\..........................      080.00            
                                                                6,948.36
T40N, R12E, Clearwater County, North Fork Ranger                        
 District:                                                              
  Sec 5 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/                            
   4\,S\1/2\....................................      648.88            
  Sec 7 Lots 1-4, E\1/2\NW\1/4\, E\1/2\SW\1/                            
   4\,E\1/2\....................................      618.80            
  Sec 9 all.....................................      640.00            
  Sec 17 all....................................      640.00            
  Sec 19 Lots 1,2, E\1/2\NW\1/4\, NE\1/4\,E\1/                          
   2\SE\1/4\....................................      390.48            
                                                                2,938.16
T41N, R10E, Clearwater County, North Fork Ranger                        
 District:                                                              
  Sec 13 all....................................      640.00            
  Sec 23 all....................................      640.00            
  Sec 25 all....................................      640.00            
  Sec 27 all....................................      640.00            
  Sec 33 all....................................      640.00            
  Sec 35 all....................................      640.00            
                                                                3,840.00
T41N, R11E, Clearwater County, North Fork Ranger                        
 District:                                                              
  Sec 3 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/                            
   4\,S\1/2\....................................      644.04            
  Sec 9 all.....................................      640.00            
  Sec 11 all....................................      640.00            
  Sec 15 all....................................      640.00            
  Sec 17 all....................................      640.00            
  Sec 19 Lots 1-4, E\1/2\NW\1/4\, E\1/2\SW\1/                           
   4\,E\1/2\....................................      631.36            
  Sec 21 all....................................      640.00            
  Sec 23 all....................................      640.00            
  Sec 25 all....................................      640.00            
  Sec 28 SE\1/4\SW\1/4\, S\1/2\SE\1/4\, NE\1/                           
   4\SE\1/4\....................................     160.000            
  Sec 29 all....................................      640.00            
  Sec 31 Lots 1-4, E\1/2\NW\1/4\, E\1/2\SW\1/                           
   4\,E\1/2\....................................      638.00            
  Sec 32 all....................................      640.00            
  Sec 33 all....................................      640.00            
  Sec 35 all....................................      640.00            
                                                                9,113.40
    Subtotal acres in Cedars-Trout area.........   23,490.00            
                                                                        
      Nonfederal Land in the Neva Hill Area                             
                                                                        
T40N, R1E, Clearwater County, Palouse Ranger                            
 District:                                                              
  Sec 22 NE\1/4\SE\1/4\.........................  ..........       40.00
                                                                        
[[Page 14416]]                                                          
                                                                        
    Nonfederal Land in the Elk Creek Drainage                           
                                                                        
T39N, R2E, Clearwater County, Palouse Ranger                            
 District:                                                              
  Sec 11 SW\1/4\SE\1/4\.........................       40.00            
  Sec 14 E\1/2\, SE\1/4\NW\1/4\, E\1/2\SW\1/4\,                         
   SW\1/4\SW\1/4\...............................      480.00            
  Sec 15 Lots 3,4, E\1/2\SW\1/4\, NW\1/4\SE\1/                          
   4\, S\1/2\SE\1/4\............................      279.08            
  Sec 21 Lots 2,3,..............................       86.10            
  Sec 22 E\1/2\, NE\1/4\SW\1/4\, E\1/2\NW\1/4\,                         
   NW\1/4\NW\1/4\...............................      480.00            
                                                                1,365.18
                                                                        
    Nonfederal Land in the Columbia Mine Area                           
                                                                        
T42N, R1W, Latah County, Palouse Ranger                                 
 District:                                                              
  Sec 7 Mineral Survey 3311.....................       34.09            
  Sec 8 Mineral Survey 3311.....................       45.00            
                                                                   79.09
                                                                        
      Nonfederal Land in the Mt. Gulch Area                             
                                                                        
T43N, R1W, Latah County, Palouse Ranger                                 
 District:                                                              
Sec 31 Mineral Survey 2425......................  ..........       56.62
Subtotal acres on Palouse Ranger District.......    1,540.89            
Total Nonfederal land for possible acquisition..   25,030.89            
Outstanding Rights: Subject to the rights of the                        
 United States and third parties recited in the                         
 patent from the United States.                                         
                                                                        
 Federal lands (Property the Forest Service Will                        
              Consider Exchanging)                                      
                                                                        
T40N, R6E, Clearwater County, North Fork Ranger                         
 District:                                                              
  Sec 31 Lots 1-4, E\1/2\W\1/2\, E\1/2\.........      633.96            
  Sec 32 W\1/2\,SE\1/4\, S\1/2\NE\1/4\..........      560.00            
  Sec 33 N\1/2\NE\1/4\, NW\1/4\SE\1/4\, NW\1/4\,                        
   N\1/2\SW\1/4\, SE\1/4\NE\1/4\................      400.00            
  Sec 30 Lots 3,4, SE\1/4\SW\1/4\, SE\1/4\SE\1/                         
   4\...........................................      156.56            
                                                                1,750.52
T39N, R6E, Clearwater County, North Fork Ranger                         
 District:                                                              
  Sec 4 Lots 3,4, S\1/2\NW\1/4\, W\1/2\SW\1/4\,                         
   SE\1/4\SW\1/4\...............................      285.66            
  Sec 5 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/                            
   4\S\1/2\.....................................      649.20            
  Sec 6 Lots 1-7, SE\1/4\NW\1/4\, S\1/2\NE\1/4\,                        
   E\1/2\SW\1/4\, SE\1/4\.......................      638.49            
  Sec 7 Lots 1-4, E\1/2\W\1/2\,E\1/2\...........      637.20            
  Sec 8 all.....................................      640.00            
  Sec 9 W\1/2\NE\1/4\, NW\1/4\, N\1/2\SW\1/4\,                          
   SW\1/4\SW\1/4\...............................      360.00            
  Sec 16 NW\1/4\................................      160.00            
  Sec 17 all....................................      640.00            
  Sec 18 Lots 1-4, E\1/2\W\1/2\, E\1/2\.........      637.64            
  Sec 19 Lots 1-4, E\1/2\W\1/2\, E\1/2\.........      637.32            
  Sec 20 N\1/2\, N\1/2\S\1/2\, SW\1/4\SW\1/4\,                          
   SE\1/4\SE\1/4\...............................      560.00            
  Sec 30 Lots 1-4, NE\1/4\SW\1/4\, E\1/2\NW\1/                          
   4\, W\1/2\NE\1/4\............................      358.72            
  Sec 31 Lot 1..................................       39.82            
                                                                6,244.05
T39N, R5E, Clearwater County, North Fork Ranger                         
 District:                                                              
  Sec 1 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/                            
   4\,S\1/2\....................................      639.44            
  Sec 2 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/                            
   4\,S\1/2\....................................      637.72            
  Sec 11 NE\1/4\, E\1/2\NW\1/4\, SE\1/4\, S\1/                          
   2\SW\1/4\, NE\1/4\SW\1/4\....................      520.00            
  Sec 12 all....................................      640.00            
  Sec 13 all....................................      640.00            
  Sec 14 all....................................      640.00            
  Sec 15 E\1/2\NE\1/4\, SE\1/4\, S\1/2\SW\1/4\..      320.00            
  Sec 23 E\1/2\, NE\1/4\NW\1/4\.................      360.00            
  Sec 24 all....................................      640.00            
  Sec 25 all....................................      640.00            
  Sec 26 all....................................      640.00            
  Sec 27 E\1/2\, S\1/2\SW\1/4\, NE\1/4\SW\1/4\..      440.00            
  Sec 34 NW\1/4\, N\1/2\NE\1/4\, W\1/2\SW\1/4\..      320.00            
  Sec 35 NE\1/4\NE\1/4\, S\1/2\SE\1/4\, NW\1/                           
   4\NE\1/4\, N\1/2\NW\1/4\, SE\1/4\NW\1/4\.....      280.00            
  Sec 36 N\1/2\NE\1/4\, W\1/2\,W\1/2\SE\1/4\....      480.00            
                                                                7,837.16
    Total Federal Acres Identified for Exchange.   15,831.73            
------------------------------------------------------------------------

    Land reservations of the United States, exceptions to title and 
uses to be recognized.
    A range of alternatives will be considered, including a no action 
alternative and the proposal identified above. Based on the issues 
identified through scoping, all action alternatives will vary in the 
number of acres to be exchanged, the location of the acres to be 
exchanged, and the kind of mitigation measures. Issues will drove the 
formulation of feasible alternatives, as will acceptance of each 
alternative by Potlatch Corporation and the Forest Service.
    The EIS will analyze the direct, indirect and cumulative 
environmental effects of the alternatives. Past, present and projected 
activities on both private and National Forest lands will be 
considered. The EIS will disclose the analysis of site-specific 
mitigation measures and their effectiveness.
    Comments from the public and other agencies will be used in 
preparation of the Draft EIS.
    The scoping process will continue to be used to:

1. Identify potential issues.
2. Identify major issues to be analyzed in depth.
3. Eliminate minor issues or those which have been covered by a 
relevant previous environmental analysis, such as the Clearwater Forest 
Plan EIS.
4. Identify alternatives to the proposed action.
5. Identify potential environmental effects of the proposed action and 
alternatives (i.e., direct, indirect and cumulative effects).
6. Determine potential cooperating agencies and task assignments.

    [[Page 14417]] Preliminary issues identified as a result of 
internal and public scoping include: equal value of land being 
exchanged, plus, effects of the proposal on wildlife habitat, old 
growth habitat, water quality, riparian areas, fisheries, roadless 
areas, federal investigations already made, revenues to the counties, 
road access, deferred road maintenance, fire protection boundaries, 
timber program, visual quality of the area, recreation, and effects on 
threatened, endangered and sensitive species. This list will be 
verified, expanded and/or modified based on continued scoping for this 
proposal.
    Public participation is important all through the analysis process. 
Two key time periods have been identified for receipt of formal 
comments on the proposal and analysis:

1. Scoping period, which starts with publication of this notice and 
continues for the next 45 days; and
2. Review of the Draft EIS in September and October, 1995.

The Forest Service expects to file the Draft EIS with the Environmental 
Protection Agency in August 1995. 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 Final 
EIS and Record of Decision are expected in December 1995.
    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 
a draft EIS 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. Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 
1338 (E.D. Wisc. 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 
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 
chapters 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 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 Clearwater National Forest, Forest 
Supervisor's Office, 12730 Highway 12, Orofino, ID 83544.

    Dated: March 8, 1995.
James L. Caswell,
Forest Supervisor.
[FR Doc. 95-6551 Filed 3-16-95; 8:45 am]
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