# Hemlock Point ANILCA Access Easement, Flathead National Forest, Missoula County, MT > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-6491 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** March 21, 1994 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 3410-11-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-6491. Public record. Not legal advice.