Hemlock Point ANILCA Access Easement, Flathead National Forest, Missoula County, MT

DEPARTMENT OF AGRICULTURE

Forest Service

Hemlock Point ANILCA Access Easement, Flathead National Forest,

Missoula County, MT

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare an environmental impact statement.

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SUMMARY: The notice is hereby given that the Flathead National Forest

is gathering information to prepare an Environmental Impact Statement

(EIS) for a proposal to grant easement and authorize construction of

roads across certain National Forest System lands located in the Swan

Valley. The action is proposed in response to an applicant seeking

legal access to 640 acres of non-Federal land located within the Forest

boundary. The proposed action is located approximately 45 miles south

of Kalispell, Montana. The non-Federal land to be accessed is described

as Section 29, Township 20 North, Range 17 West, P.M.M., Missoula

County, Montana.

DATES: Written comments concerning the scope of the analysis must be

received by May 1, 1994.

ADDRESSES: Send written comments to Forest Supervisor, Flathead

National Forest, 1935 Third Avenue East, Kalispell, MT 59901.

FOR FURTHER INFORMATION CONTACT:

Questions about the proposed action and EIS should be directed to Earl

Sutton, NEPA Coordinator, Flathead National Forest. Phone: (406) 755-

5401.

SUPPLEMENTARY INFORMATION: The Flathead National Forest is initiating

this action in response to an application filed by Plum Creek Timber

Company. The applicant requests easement across National Forest lands

for the purposes of establishing permanent legal access to 640 acres of

land owned by the applicant. The section of land to be accessed is

surrounded by National Forest System lands and no legal road access to

the section currently exists.

The applicant seeks legal access pursuant to the Alaska National

Interest Lands Conservation Act (ANILCA). The ANILCA directs the agency

to grant access to inholdings of non-Federal land within the National

Forest boundary for the reasonable use and enjoyment of those lands by

the landowner. The applicant has stated that it intends to manage the

lands to be accessed for long term timber production utilizing

conventional ground based logging systems. The applicant intends to

build roads on the easement(s) sufficient to support the intended use

of the land. The forest Supervisor has determined (based on

contemporaneous uses of similarly situated lands) that the intended use

of the non-Federal land constitutes reasonable use and enjoyment and

that the requested mode of access is reasonable.

Pursuant to the implementing regulations of the ANILCA, 36 CFR

251.110, the Forest Service will determine the routes and modes of

access which minimize damage or disturbance to National Forest System

lands and resources. The environmental analysis conducted for the EIS

will be used to determine the most appropriate location of easements.

A range of alternatives will be considered, including a no action

alternative. Other alternatives will explore potential easement

locations and may include terms and conditions placed on the use of the

roads to protect forest resources located on Federal lands.

The proposed action is located in designated habitat for four

threatened or endangered species including the gray wolf, grizzly bear,

peregrine falcon and bald eagle. Pursuant to the Endangered Species Act

(ESA) the Forest will prepare a Biological Assessment to determine the

effect of the action on the potentially affected species. The Forest

will consult with the U.S. Fish and Wildlife Service to review the

fundings of the Biological Assessment and to determine what, if any,

actions may be taken to reduce or mitigate adverse effects to listed

species.

Preliminary scoping for this proposed action identified a number of

issues to be considered in the environmental analysis. These include

the effects of resource development on the threatened grizzly bear, the

endangered gray wolf, adjacent Wilderness and roadless resources, water

quality, and a variety of sensitive fish, wildlife and plant species.

Public participation is invited at any time during the analysis

process prior to the final decision, however, two periods are

specifically identified for submission of comments.

During the scoping period initiated by this notice, the Forest

Service is seeking preliminary issues and concerns from Federal, State,

and local agencies and other individuals or organizations who may be

interested in or affected by the proposed action. The scoping period

will extend to May 1, 1994. Issues and concerns identified during this

period will be used to prepare a Draft Environmental Impact Statement

(DEIS). The scoping process includes:

1. Identification of potential issues.

2. Identification of issues to be analyzed in depth.

3. Elimination of insignificant issues or those which have been covered

by a relevant previous environmental analysis.

4. Identification of additional reasonable alternatives.

5. Identification of potential effects associated with the proposed

action.

6. Determination of potential cooperating agencies and task

assignments.

The DEIS will be issued to individuals and organizations who submit

comments or express interest during the scoping period and to other

requesting copies. The Forest Service will accept comments on the DEIS

for a period of at least 45 days from the date the Environmental

Protection Agency's notice of availability appears in the Federal

Register. Comments related to the DEIS will be analyzed and considered

in preparing the Final Environmental Impact Statement (FEIS). The

Forest Service will respond to the comments received in the FEIS.

The Draft Environmental Impact Statement is planned to be completed

and available for public review in May, 1994. The Final Environmental

Impact Statement is scheduled for completion in November, 1994.

The Responsible Official will document the decision and reasons for

the decision in a Record of Decision when the FEIS is completed. The

decision will be subject to Forest Service appeal regulations (36 CFR

part 215). The Responsible Official for this action is Joel D. Holtrop,

Forest Supervisor, Flathead National Forest.

The Forest Service believes it is important to give reivewers

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 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 statement stage but that are not raised

until after completion of the first environmental impact statement may

be waived or dismissed by the courts. 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.)

Dated: March 14, 1994.

Joel D. Holtrop,

Forest Supervisor, Flathead National Forest.

[FR Doc. 94-6491 Filed 3-18-94; 8:45 am]

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