[Federal Register Volume 60, Number 185 (Monday, September 25, 1995)]
[Notices]
[Pages 49393-49394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23655]
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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. 60, No. 185 / Monday, September 25, 1995 /
Notices
[[Page 49393]]
DEPARTMENT OF AGRICULTURE
Forest Service
Beaverhead and Deerlodge Forest Plan Amendments; Beaverhead and
Most of Deerlodge National Forests; Beaverhead, Madison, Gallatin,
Silver Bow, Deerlodge, Powell, Granite and Jefferson Counties, Montana
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 amend the Forest Plans of the Beaverhead and
Deerlodge National Forests to include further riparian area direction.
The purpose is to determine what combination of goals, objectives and
standards will restore and/or maintain riparian function.
DATES: Initial comments concerning the scope of the analysis should be
received in writing no later than November 15, 1995.
ADDRESSES: Send written comments to Deborah L.R. Austin, Forest
Supervisor, Beaverhead National Forest, 420 Barrett Street, Dillon, MT,
59725.
FOR FURTHER INFORMATION CONTACT:
Diane Petroni, Environmental Analysis Team Leader, Madison Ranger
District, 5 Forest Service Road, Ennis, MT, 59729, or phone: (406)682-
4253.
SUPPLEMENTARY INFORMATION: The Forest Service proposes to amend the
Beaverhead and Deerlodge Forest Plans to include a goal statement
calling for restoration and maintenance of riparian function of all
streams on the forest. Also included would be objectives stated as
parameters within which riparian attributes would need to fall for the
stream to be considered functioning. The only numerical standard would
be a riparian forage utilization table applied to areas without site-
specific riparian direction. This would result in non-significant
amendments to the plans.
Lands affected are riparian areas within the entire Beaverhead
National Forest, and all of the Deerlodge except the Elkhorn Wildlife
Management Unit. The analysis will include Bureau of Land Management
(BLM) lands located within grazing allotments administered jointly by
the Forest Service and BLM. The affected lands are roughly within 75
air miles of Dillon, Montana, or within 65 air miles of Butte, Montana.
Riparian areas comprise about 5% of the total forest acreage.
A lawsuit against the Beaverhead National Forest grazing program
resulted in a court approved settlement agreement stipulating that the
Forest would propose an amendment to the Forest Plan to incorporate
revised riparian guidelines.
Since the Beaverhead Forest Plan was adopted in 1986, monitoring
has shown ``(t)he one quantifiable forest plan standard (Range #7) is
not adequately protecting riparian dependent values'' (1993 Beaverhead
National Forest Land and Resource Management Plan Five Year Review).
The Beaverhead Forest Supervisor recommended to ``Amend the Forest
Plan to include specific riparian goals and objectives (including
Desired Future Condition statements describing a fully functioning
riparian ecosystem). In the Forest Plan, detail the analysis process
(through a procedural guideline and an appendix document) to be used in
the determination of site specific riparian management in the
development of Allotment Management Plans.''
The Deerlodge Forest Plan was adopted in 1987. Since then,
monitoring has been conducted to determine and evaluate the effects of
management practices. Based on initial findings, riparian standard #8,
which states grazing utilization standards in riparian areas, does not
appear to meet the physical and biological needs of all riparian areas
within grazing allotments.
Potential issues identified are the effects of the amendment on
sensitive and other fish species, water quality, economics, wildlife
habitat, recreation opportunity, lifestyle, and grazing capacity.
Public participation will be important to the analysis. Part of the
goal of public involvement is to identify additional issues and to
refine the general, tentative issues identified above. 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
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. A scoping document will be prepared and mailed to parties
known to be interested in the proposed action by September 29, 1995.
The agency invites written comments and suggestions on this action,
particularly in terms of identification of issues and alternative
development.
In addition to the proposed action, a range of alternatives will be
developed in response to issues identified during scoping. One of these
will be the ``no-action'' alternative, in which no changes would be
made to the forest plans. The Forest Service will analyze and document
the direct, indirect, and cumulative effects of all alternatives.
The Forest Service will continue to involve the public and will
inform interested and affected parties as to how they may participate
and contribute to the final decision. Another formal opportunity for
response will be provided following completion of a DEIS.
The draft EIS should be available for review in November, 1996. The
final EIS is scheduled for completion in August, 1997.
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
[[Page 49394]]
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, 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.
The Forest Supervisors of the Beaverhead and Deerlodge National
Forests are the responsible officials who will make the decision. They
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: September 18, 1995.
Deborah L.R. Austin,
Forest Supervisor, Beaverhead National Forest and Acting Forest
Supervisor, Deerlodge National Forest.
[FR Doc. 95-23655 Filed 9-22-95; 8:45 am]
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