# Beaver-Woods Vegetation Management Project; Bitterroot National Forest, Ravalli County, MT > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-8037 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** April 5, 1994 ## Text DEPARTMENT OF AGRICULTURE Forest Service Beaver-Woods Vegetation Management Project; Bitterroot National Forest, Ravalli County, MT AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. ----------------------------------------------------------------------- SUMMARY: The USDA, Forest Service, will prepare an environmental impact statement (EIS) to disclose the environmental effects of prescribed fire, timber harvest, reforestation, and road construction in the southern tributary drainages of the West Fork of the Bitterroot River. A proposal to determine the effects on and response of three sensitive plant species to prescribed fire is also proposed and will be analyzed. The area is located approximately 50 miles southwest of Hamilton, Montana, Bitterroot National Forest, West Fork Ranger District, Ravalli County, Montana. The proposal's actions to use prescribed fire, harvest timber, construct roads, perform reforestation, and monitor the effects of fire on listed sensitive plant species are being considered together because they represent either connected or cumulative actions as defined by the Council on Environmental Quality (40 CFR 1508.25). The purposes of the project are (1) to maintain or restore ecosystem diversity, function, and health, (2) to provide raw materials for timber products for the citizens of the United States, and (3) to monitor the effects of fire on plants that are currently listed as ``sensitive'' by the Regional Forester. This project-level EIS will tier to the Bitterroot National Forest Land and Resource Management Plan (Forest Plan) and Final EIS (September, 1987), which provides overall guidance of all land management activities on the Bitterroot National Forest. DATES: Written comments and suggestions should be received May 20, 1994. ADDRESSES: Submit written comments and suggestions on the proposed management activities or a request to be placed on the project mailing list to Nora Rasure, District Ranger, West Fork Ranger District, Bitterroot National Forest, Darby, Montana, 59829. FOR FURTHER INFORMATION CONTACT: Stuart Lovejoy, Interdisciplinary Team Leader, Sula Ranger District, Bitterroot National Forest, Phone (406) 821-3201. SUPPLEMENTARY INFORMATION: Prescribed burning and timber harvest are proposed on approximately 3600 acres and 1600 acres, respectively. Timber harvest is proposed on lands which have been designated as suitable for timber management by the Bitterroot Forest Plan, with some isolated exceptions designed to maintain ponderosa pine on some sites. This aspect of the proposed action would require a site specific amendment to the Forest Plan to change the standard for harvest on unsuitable lands. The timber harvest operations and general administration of National Forest lands would require construction of approximately three miles of new road and less than one mile of temporary road. The study to determine effects caused by fire on three species of sensitive plants will delineate plant populations to be exposed to prescribed fire and delineate plant populations of the same species which would be protected from fire and which would act as controls. An analysis of the Beaver Woods area shows a marked change in how the forest vegetation currently looks and functions compared to the past. Natural patterns and stand structures have changed, largely due to effective fire suppression. Forested areas once diverse in age classes and species are trending toward larger, denser, and more uniform blocks of climax species. The primary purpose of prescribed fire and timber harvest in the Beaver Woods area is to respond to the need to maintain or restore ecosystem diversity, function, and health. Another purpose of timber harvest is to provide raw materials to the timber industry and help satisfy the American public's need for timber products. The purpose of road construction is to facilitate access to some of the timber stands to be harvested. The purpose of treating some sensitive plant populations with prescribed fire is to learn more about these species. They are believed to have developed adaptations to periodic fire. The project area encompasses approximately 37,000 acres of National Forest land located in T3S, R23W, Sec. 15, 20-29, and 33-36; T3S, R22W, Sec. 3, 9-11, 14-17, and 19-36, T4S, R23W, Sec. 1-3, 11 and 12, and T4S, R22W, Sec. 1-12, 14-22, 28, and 29, P.M. MT. Proposed activities are scattered throughout the project area. The decision to be made in what, if anything, should be done in the Beaver Woods area to: (a) Maintain and restore a level of vegetation diversity in the project area that more closely approximates the historic condition, (b) Amend the Forest Plan on a site specific basis to allow improvement cutting on the unsuitable lands, thereby reducing tree density and providing for the establishment of ponderosa pine, (c) Develop and manage the road system to facilitate removal of timber and manage Forest lands, and (d) learn more about how some plants respond to fire. The Bitterroot Forest Plan provides guidance for management activities within the potentially affected area through its goals, objectives, standards and guidelines, and management area direction. The area of proposed timber harvest would occur within Management Areas 1, 2, and 3A. Timber harvest would occur primarily on suitable timber land, with some isolated exceptions which are proposed in order to help provide for the establishment of ponderosa pine. Prescribed burning is proposed on lands within Forest Plan Management Areas 1, 2, 3a, 3b and 5. Road construction would occur in Management Area 1. A brief description of the applicable management direction follows: Management Area 1--These are areas where timber management, livestock and big game forage production, and roaded dispersed recreation activities are emphasized. Management Area 2--These are areas where elk winter range habitat is emphasized, timber management is allowed, and roaded dispersed recreation opportunities are provided. Management Area 3a--These are areas where visual quality is emphasized, timber management is allowed, and roaded dispersed recreation opportunities are provided. Management Area 3b--These are areas where riparian habitats, water quality, and water-related recreation are emphasized. Management Area 5--These are areas where semi-primitive recreation and elk security are emphasized. The Forest Service will consider a range of alternatives. One of these will be the ``no action'' alternative, in which none of the proposed activities would be implemented. Additional alternatives will examine varying levels and locations for the proposed activities to achieve the proposal's purposes, as well as to respond to the issues and other resource values. The EIS will analyze the direct, indirect, and cumulative environmental effects of the alternatives. Past, present, and scheduled 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. Public participation is an important part of the analysis, commencing with the initial scoping process (40 CFR 1501.7), which will occur during March and April, 1994. In addition, the public is encouraged to visit with Forest Service officials at any time during the analysis and prior to the decision. The Forest Service will be seeking information, comments, and assistance from Federal, State, and local agencies and other individuals or organizations who may be interested in or affected by the proposed action. No additional public meetings are scheduled at this time. Comments from the public and other agencies will be used in preparation of the Draft EIS. The scoping process will 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 at the Bitterroot 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. Some public comments have already been received in conjunction with an analysis and associated public involvement to determine existing and desired conditions for the Beaver Woods area. The following preliminary issues have been identified: 1. How would the proposed timber harvest change the undeveloped character of ``defacto'' roadless lands adjacent to the Allen Mountain Roadless Area (No. 01946)? 2. How would the proposed activities affect Forest Service Region 1 listed sensitive species known to inhabit the area, such as bull trout? 3. How would the proposed activities affect the movement through the area and potential for habitation by species that no longer inhabit the area, such as grizzly bears? 4. Can the vegetation diversity and ecological purposes of the project be met without any further timber harvesting or road building? 5. To what degree would the proposed activities contribute to the spread of noxious weeds in the area? Other issues commonly associated with prescribed fire, timber harvesting, and road construction include: effects on cultural resources, water quality, soils, old growth, and scenery values. This list may be verified, expanded, or modified based on public scoping for this proposal. The Draft EIS is expected to be filed with the Environmental Protection Agency (EPA) and available for public review in August of 1994. At that time, the EPA will publish a Notice of Availability of the Draft EIS in the Federal Register. The comment period on the Draft EIS will be 45 days from the date the EPA's notice of availability appears in the Federal Register. It is very important that those interested in management of the Beaver Woods area participate at that time. To be most helpful, comments on the Draft EIS should be as site- specific as possible. The Final EIS is scheduled to be completed in February, 1995. 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, 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 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 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 scoping 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 developing issues and alternatives. To assist the Forest Service in identifying and considering issues on the proposed action, comments should be as specific as possible. 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 Bitterroot National Forest, 1801 N. 1st., Hamilton, MT 59840. Dated: March 21, 1994. Stephen K. Kelly, Forest Supervisor. [FR Doc. 94-8037 Filed 4-4-94; 8:45 am] BILLING CODE 3410-11-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-8037. Public record. Not legal advice.