[Federal Register Volume 64, Number 246 (Thursday, December 23, 1999)]
[Notices]
[Pages 72066-72067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33284]
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DEPARTMENT OF AGRICULTURE
Forest Service
State Road Use Permit To Access Damfino Section 16, Medicine Bow-
Routt National Forests, Brush Creek/Hayden Ranger District, Carbon
County, WY
AGENCY: USDA, Forest Service.
ACTION: Notice of intent to prepare an Environmental Impact Statement.
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SUMMARY: The U.S. Department of Agriculture, Forest Service, Medicine
Bow-Routt National Forests, Brush Creek/Hayden Ranger District, will
prepare an Environmental Impact Statement (EIS) to assess and disclose
the environmental effects of issuing a Road Use Permit to the State of
Wyoming to access its lands in Section 16, T. 12 N., R. 83 W., 6th
P.M.; across National Forest System lands. The State of Wyoming has
completed application for a Forest Road Special Use Permit to exercise
its right under the Alaska National Interest Lands Conservation Act of
December 2, 1980. The permit would allow the State of Wyoming to
transport logs from a commercial timber sale on its land across
National Forest System lands over existing Forest Development Roads.
The analysis area is southeast of Encampment, Wyoming. All roads across
National Forest System lands needed to access the State of Wyoming
lands in School Section 16 already exist as Forest Development Roads,
which are in suitable condition and capable of supporting the proposed
use. No new road construction or reconstruction on National Forest
System lands would be needed for the state to access its lands.
This Notice of Intent is being issued under the authority of the
Medicine Bow National Forest Land and Resource Management Plan and
Final EIS of October 1985. The Medicine Bow National Forest formally
initiated plan revision on October 7, 1999 with a Notice of Intent
published in the Federal Register. It is anticipated that the 1985
Forest Plan will still be in effect when the Record of Decision for
this EIS is issued.
DATES: Public scoping for a Road Use Permit to Louisiana Pacific, an
agent of the State of Wyoming, was initiated on January 28, 1999. A
total of 83 comment letters were received. Additional scoping was
initiated on August 10, 1999 for a Road Use Permit to the State of
Wyoming. A total of 53 comment letters were received. All comments
received from these previous scoping efforts related to the issuance of
a Road Use Permit to access State of Wyoming lands in Damfino Section
16 will be combined with comments received as a result of this Notice
of Intent and reviewed to identify potential issues for this analysis.
Since these previously received comments will be incorporated into this
analysis, individuals who responded to either the January 28, 1999 or
August 10, 1999 scoping requests need provide comment at this time only
if they wish to provide additional information to what they previously
submitted. Written comments and suggestions should be postmarked by
January 21, 2000 to receive consideration. The estimated time for
filing the draft EIS is March 2000 followed by the final decision in
May 2000.
ADDRESSES: The Responsible Official is Don Carroll, District Ranger;
Brush Creek/Hayden Ranger District; Medicine Bow-Routt National
Forests; PO Box 249; South HWY 130/230; Saratoga, WY 82331. Written
comments and suggestions concerning the scope of the analysis may be
sent to him at that address.
FOR FURTHER INFORMATION CONTACT: John Baumchen, Interdisciplinary Team
Leader. Phone: 307-326-5258.
SUPPLEMENTARY INFORMATION:
Background: Under authorities provided for in 36 CFR 261.12 and 36
CFR 261.54, Forest Supervisor Jerry Schmidt issued Supervisor's Order
98-10 on July 8, 1998. This order requires written authorization for
commercial use of any Forest Development Road on the Medicine Bow-Routt
National Forest. In response to this requirement, the State of Wyoming,
has applied for a Forest Road Special Use Permit for commercial haul
related to a timber sale on State lands over Forest Development Roads
(FDR's) 409, 416, 416.1D and 416.2D. The Wyoming lands are located
adjacent to the Wyoming border with Colorado in Section 16, T.12N.,
R.83W., 6th P.M. The State of Wyoming would thus exercise its right
under the Alaska National Interest Lands Conservation Act of December
2, 1980 (ANILCA) to access these lands. The Forest Road Special Use
Permit is not a general authorization. The permit would provide
specific authority to the permittee for the activities listed, subject
to stipulations included in the permit.
[[Page 72067]]
Forest Development Roads suitable for commercial haul already exist
to a termination point within School Section 16. The National Forest
roads to be used include both roads that are open system roads as well
as roads originally constructed as part of the Coon Creek Pilot
Project, which are normally closed.
Scoping process: All comments received from previous scoping
efforts related to the issuance of a Road Use Permit to access State of
Wyoming lands in Damfino Section 16 will be combined with comments
received as a result of this Notice of Intent and reviewed to identify
potential issues for this analysis. Since previously received comments
will be incorporated into this analysis, individuals who responded to
either the January 28, 1999 or August 10, 1999 scoping requests need to
provide comment at this time only if they wish to provide information
additional to what they previously submitted.
Proposed Action: The proposed action is to issue a Road Use Permit
to the State of Wyoming for commercial haul over National Forest Roads
from State of Wyoming land in Section 16 in T.12N., R.83W.
Potential alternatives: The Interdisciplinary Team will review
scoping comments from all three scoping processes to identify key
issues and will develop a recommendation concerning alternatives to the
Proposed Action warranting analysis in the Environmental Impact
Statement. As a minimum, the alternatives to be analyzed in the EIS
would include the No Action Alternative (do not issue a Road Use
Permit); and the Proposed Action (issue a road use permit to the State
of Wyoming over the requested route).
Preliminary Issues: The following preliminary issues have been
identified through past scoping of projects in the area:
What are the FS authorities and Wyoming's rights under ANILCA
concerning the issuance of a Road Use Permit to Section 16?
Under what conditions would a Road Use Permit needed for commercial
haul for a commercial timber sale be issued to the State of Wyoming?
What would be the effects of a timber sale on lands owned by the
State of Wyoming to adjacent National Forest System resources,
particularly, what are the effects to recreation, wildlife, soil and
water?
What are appropriate alternatives for the analysis?
What interpretations and positions concerning effects to resources,
roadless character, fragmentation and environmental laws should be used
to analyze activities on lands not under the jurisdiction of the U.S.
Forest Service?
Decision to be made: The Responsible Official will decide which
alternative of those considered in the draft Environmental Impact
Statement to select. Based on the decision that is made, he will also
decide what mitigation measures and permit stipulations will be
required. The issues and alternatives developed from public comment and
Interdisciplinary Team analysis will be clearly disclosed in the
Environmental Impact Statement. From the project record, the
Responsible Official and others who may review the decision will be
able to fully understand the consequences of implementing the selected
alternative.
Reviewer Obligations: The comment period on the draft environmental
impact statement will be 45 days from the date the Environmental
Protection Agency publishes the notice of availability in the Federal
Register.
The Forest Service believes, at this early stage, it is important
to give reviewers notice 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. v. 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. City of Angoon 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 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.
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.
Release of Names: Comments received in response to this
solicitation, including names and addresses of those who comment, will
be considered part of the public record on this Proposed Action and
will be available for public inspection. Comments submitted anonymously
will be accepted and considered; however, those who submit anonymous
comments will not have standing to appeal the subsequent decision under
36 CFR parts 215 or 217. Additionally, pursuant to 7 CFR 1.27(d), any
person may request the agency to withhold a submission from the public
record by showing how the Freedom of Information Act (FOIA) permits
such confidentiality. Persons requesting such confidentiality should be
aware that, under the FOIA, confidentiality may be granted in only very
limited circumstances, such as to protect trade secrets. The Forest
Service will inform the requester of the agency's decision regarding
the request for confidentiality, and where the request is denied, the
agency will return the submission and notify the requester that the
comments may be resubmitted with or without name and address within ten
(10) days.
Responsible Official: Don Carroll, District Ranger; Brush Creek/
Hayden Ranger District; Medicine Bow-Routt National Forests; P.O. Box
249; Saratoga, WY 82331.
As the Responsible Official, I will decide which, if any of the
alternatives to be described in the draft Environmental Impact
Statement will be implemented. I will document the decision and reasons
for my selection of the decision in the Record of Decision.
Dated: December 16, 1999.
Don G. Carroll,
District Ranger.
[FR Doc. 99-33284 Filed 12-22-99; 8:45 am]
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