Beaver/Cedar Land Exchange; Clearwater National Forest; Clearwater and Latah Counties, Idaho

Federal RegisterMar 17, 1995

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DEPARTMENT OF AGRICULTURE

Beaver/Cedar Land Exchange; Clearwater National Forest;

Clearwater and Latah Counties, Idaho

AGENCY: Forest Service, USDA.

ACTION: Notice; Intent to prepare an environmental Impact statement.

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SUMMARY: The Department of Agriculture, Forest Service, Clearwater

National Forest, with assistance from Potlatch Corporation, will

prepare an EIS (environmental impact statement) for a proposal to

exchange National Forest land for Potlatch owned land. The project area

is located on the North Fork Ranger District on the Clearwater National

Forest and the Palouse Ranger District on the St. Joe National Forest

and administered by the Clearwater National Forest, head-quartered in

Orofino, Idaho. The Agreement to Initiate a land exchange was signed by

Potlatch Corporation on September 17, 1993, and the Forest Service on

October 8, 1993. This exchange is proposed pursuant to the General

Exchange Acts of March 1, 1911 and March 20, 1922, as amended, and the

Federal Land Policy Management Act of October 21, 1976.

The EIS will tier to the Clearwater National Forest Land and

Resource Management Plan Final EIS of September, 1987, which provides

overall guidance of all land management activities on the Clearwater

National Forest. Analyses will also be conducted in compliance with the

Stipulation of Dismissal agreed to for the lawsuit between the Forest

Service and the Sierra Club, et al (signed September 13, 1993).

The agency invites written comments and suggestions on the issues

and management opportunities for the area being analyzed.

DATES: Comments concerning the scope of the analysis should be received

within 45 days following publication of this notice to receive timely

consideration in the preparation of the Draft EIS. The Draft EIS is

anticipated to be filed with the Environmental Protection Agency in

August 1995. The Final EIS and Record of Decision are expected to be

issued in December of 1995.

ADDRESSES: Submit written comments and suggestions on the proposed

action or requests to be placed on the project mailing list to James L.

Caswell, Forest Supervisor, Clearwater National Forest, 12730 U.S.

Highway 12, Orofino, ID, 83544. FAX: 208-476-8329.

FOR FURTHER INFORMATION CONTACT:

Bill Jones, Interdisciplinary Team Leader, Clearwater National Forest,

Supervisor's Office, telephone (208) 476-4541.

SUPPLEMENTARY INFORMATION: Potlatch Corporation owns approximately

thirty-seven sections of land, each containing approximately 640 acres,

within the Cedars-Trout area of the North Fork Ranger District. These

sections alternate with National Forest sections, and together they

comprise what is referred to as a ``checkerboard'' area on the

Clearwater National Forest. The majority of this area is unroaded and

is adjacent to the Upper North Fork and Great Burn roadless areas.

Large portions of the area were impacted by the 1910 burn and have

returned to stands of lodgepole pine, where as, the unburned areas

support stands of western redcedar, grand fir, Douglas-fir, western

larch, Engelmann spruce, and subalpine fir. A good elk population

inhabits the area, as do mule deer, white tail deer, moose, mountain

lion, river otter, black bear, and maybe some mountain goats in the

higher elevations. Fishing is excellent with an abundance of cutthroat

trout and bull trout, with some brook trout in the smaller cold

streams. The area contains the popular Cedars Campground and is

adjacent to a lot of historic gold mining activity in Moose City and

the surrounding country.

The Beaver Block, owned by the Forest Service, is characterized as

an island of timber surrounded by cut-over private lands. It has a good

gravel road [[Page 14415]] system and has been intensively managed

since the 1940's. The area is very productive due to a good ash cap,

that once supported large stands of western white pine. Western

redcedar, grand fir, Douglas-fir, and minor amounts of Engelmann

spruce, western white pine, ponderosa pine, and western larch now

inhabit the area. The area provides excellent habitat for elk, and its

rolling dissected topography is a favorite place for big-game hunters.

Also present are moose, black bear, and white tail deer. Fishing is

fair and is limited to brook trout in the South Fork of Beaver Creek.

There is a lot of historic evidence of old logging cord wood roads and

camp sites within the area.

The Clearwater Forest Plan provides guidance for land exchange

within the potentially affected area through its goals, objectives,

standards, guidelines and management area direction. The areas of

proposed land exchange would occur mostly within Management Area E1.

There are several inclusions of Management Area C4 within the Beaver

Block area. Below is a brief description of the applicable management

direction.

Management Area E1--Timber Management--Provide optimum, sustained

production of timber products in a cost-effective manner while

protecting soil and water quality. Lands Goal--Seek opportunities to

consolidate land ownership through land exchange.

Management Area C4--Elk Winter Range/Timber--Provide sufficient

winter forage and thermal cover for existing and projected big game

populations while achieving timber production outputs. Lands Goal--

Acquire private inholdings.

Initial negotiations began in 1985 with DAW Forest Products Company

on a land exchange involving federal and non-federal parcels within the

Cedars-Trout area. DAW later decided to get out of the area totally in

favor of acquiring federal property on the Lolo National Forest to

facilitate their mill in Superior, Montana. As this would take

legislative action, DAW did not pursue this action and decided to not

engage in a land exchange.

In January 1993, the Clearwater National Forest was approached by a

local real estate representative wanting to know if the Forest would be

interested in a land exchange involving DAW, the State of Idaho, and

the Forest Service. Under this proposal, DAW would exchange their lands

in the Cedars-Trout area to the State of Idaho for some State land near

St. Maries, Idaho. The State would in turn exchange their newly

acquired Cedars-Trout parcels for the federally owned Beaver Block.

Before this proposal could be acted upon, all of the property owned by

DAW went up for sale.

Later that year Potlatch Corporation informed the Forest that they

were interested in purchasing the Cedars-Trout area from DAW, and asked

if the Forest would be interested in a land exchange for the Beaver

Block. On August 19, 1993, a letter was sent to Potlatch Corporation

stating the Forest was interested in the exchange, but, with no

guarantees that the exchange would be consummated. After some internal

scoping, an Agreement to initiate was signed by both Potlatch

Corporation and the Forest Service. Later in September, Potlatch

Corporation and Bennett Lumber Company co-purchased the Cedars-Trout

area as well as the other DAW owned lands on the Palouse Ranger

District. Potlatch Corporation is currently giving Bennett Lumber

Company some of their other land holdings in exchange for sole

ownership of the newly acquired DAW lands.

As a result of internal scoping and negotiations with Potlatch, the

following tracts are being proposed for exchange: Nonfederal Land

(Property that Potlatch Corporation will consider exchanging)

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Location Acres Total

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T40N, R10E, Clearwater County, North Fork Ranger

District:

Sec 1 Lots 1-4, S\1/2\N\1/2\,S\1/2\........... .......... 650.08

T40N, R11E, Clearwater County, North Fork Ranger

District:

Sec 1 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/

4\,S\1/2\.................................... 649.28

Sec 3 Lots 1-4, S\1/2\N\1/2\,S\1/2\........... 652.24

Sec 4 Lots 2,4, S\1/2\NW\1/4\, SW\1/4\........ 368.27

Sec 5 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/

4\,S\1/2\.................................... 650.08

Sec 7 Lots 1,2, E\1/2\NW\1/4\, NE\1/4\,E\1/

2\SE\1/4\.................................... 388.49

Sec 8 N\1/2\,W\1/2\SW\1/4\.................... 400.00

Sec 9 all..................................... 640.00

Sec 10 all.................................... 640.00

Sec 11 all.................................... 640.00

Sec 13 all.................................... 640.00

Sec 14 all.................................... 640.00

Sec 15 N\1/2\,SE\1/4\, E\1/2\SW\1/4\.......... 560.00

Sec 23 E\1/2\NE\1/4\.......................... 080.00

6,948.36

T40N, R12E, Clearwater County, North Fork Ranger

District:

Sec 5 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/

4\,S\1/2\.................................... 648.88

Sec 7 Lots 1-4, E\1/2\NW\1/4\, E\1/2\SW\1/

4\,E\1/2\.................................... 618.80

Sec 9 all..................................... 640.00

Sec 17 all.................................... 640.00

Sec 19 Lots 1,2, E\1/2\NW\1/4\, NE\1/4\,E\1/

2\SE\1/4\.................................... 390.48

2,938.16

T41N, R10E, Clearwater County, North Fork Ranger

District:

Sec 13 all.................................... 640.00

Sec 23 all.................................... 640.00

Sec 25 all.................................... 640.00

Sec 27 all.................................... 640.00

Sec 33 all.................................... 640.00

Sec 35 all.................................... 640.00

3,840.00

T41N, R11E, Clearwater County, North Fork Ranger

District:

Sec 3 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/

4\,S\1/2\.................................... 644.04

Sec 9 all..................................... 640.00

Sec 11 all.................................... 640.00

Sec 15 all.................................... 640.00

Sec 17 all.................................... 640.00

Sec 19 Lots 1-4, E\1/2\NW\1/4\, E\1/2\SW\1/

4\,E\1/2\.................................... 631.36

Sec 21 all.................................... 640.00

Sec 23 all.................................... 640.00

Sec 25 all.................................... 640.00

Sec 28 SE\1/4\SW\1/4\, S\1/2\SE\1/4\, NE\1/

4\SE\1/4\.................................... 160.000

Sec 29 all.................................... 640.00

Sec 31 Lots 1-4, E\1/2\NW\1/4\, E\1/2\SW\1/

4\,E\1/2\.................................... 638.00

Sec 32 all.................................... 640.00

Sec 33 all.................................... 640.00

Sec 35 all.................................... 640.00

9,113.40

Subtotal acres in Cedars-Trout area......... 23,490.00

Nonfederal Land in the Neva Hill Area

T40N, R1E, Clearwater County, Palouse Ranger

District:

Sec 22 NE\1/4\SE\1/4\......................... .......... 40.00

[[Page 14416]]

Nonfederal Land in the Elk Creek Drainage

T39N, R2E, Clearwater County, Palouse Ranger

District:

Sec 11 SW\1/4\SE\1/4\......................... 40.00

Sec 14 E\1/2\, SE\1/4\NW\1/4\, E\1/2\SW\1/4\,

SW\1/4\SW\1/4\............................... 480.00

Sec 15 Lots 3,4, E\1/2\SW\1/4\, NW\1/4\SE\1/

4\, S\1/2\SE\1/4\............................ 279.08

Sec 21 Lots 2,3,.............................. 86.10

Sec 22 E\1/2\, NE\1/4\SW\1/4\, E\1/2\NW\1/4\,

NW\1/4\NW\1/4\............................... 480.00

1,365.18

Nonfederal Land in the Columbia Mine Area

T42N, R1W, Latah County, Palouse Ranger

District:

Sec 7 Mineral Survey 3311..................... 34.09

Sec 8 Mineral Survey 3311..................... 45.00

79.09

Nonfederal Land in the Mt. Gulch Area

T43N, R1W, Latah County, Palouse Ranger

District:

Sec 31 Mineral Survey 2425...................... .......... 56.62

Subtotal acres on Palouse Ranger District....... 1,540.89

Total Nonfederal land for possible acquisition.. 25,030.89

Outstanding Rights: Subject to the rights of the

United States and third parties recited in the

patent from the United States.

Federal lands (Property the Forest Service Will

Consider Exchanging)

T40N, R6E, Clearwater County, North Fork Ranger

District:

Sec 31 Lots 1-4, E\1/2\W\1/2\, E\1/2\......... 633.96

Sec 32 W\1/2\,SE\1/4\, S\1/2\NE\1/4\.......... 560.00

Sec 33 N\1/2\NE\1/4\, NW\1/4\SE\1/4\, NW\1/4\,

N\1/2\SW\1/4\, SE\1/4\NE\1/4\................ 400.00

Sec 30 Lots 3,4, SE\1/4\SW\1/4\, SE\1/4\SE\1/

4\........................................... 156.56

1,750.52

T39N, R6E, Clearwater County, North Fork Ranger

District:

Sec 4 Lots 3,4, S\1/2\NW\1/4\, W\1/2\SW\1/4\,

SE\1/4\SW\1/4\............................... 285.66

Sec 5 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/

4\S\1/2\..................................... 649.20

Sec 6 Lots 1-7, SE\1/4\NW\1/4\, S\1/2\NE\1/4\,

E\1/2\SW\1/4\, SE\1/4\....................... 638.49

Sec 7 Lots 1-4, E\1/2\W\1/2\,E\1/2\........... 637.20

Sec 8 all..................................... 640.00

Sec 9 W\1/2\NE\1/4\, NW\1/4\, N\1/2\SW\1/4\,

SW\1/4\SW\1/4\............................... 360.00

Sec 16 NW\1/4\................................ 160.00

Sec 17 all.................................... 640.00

Sec 18 Lots 1-4, E\1/2\W\1/2\, E\1/2\......... 637.64

Sec 19 Lots 1-4, E\1/2\W\1/2\, E\1/2\......... 637.32

Sec 20 N\1/2\, N\1/2\S\1/2\, SW\1/4\SW\1/4\,

SE\1/4\SE\1/4\............................... 560.00

Sec 30 Lots 1-4, NE\1/4\SW\1/4\, E\1/2\NW\1/

4\, W\1/2\NE\1/4\............................ 358.72

Sec 31 Lot 1.................................. 39.82

6,244.05

T39N, R5E, Clearwater County, North Fork Ranger

District:

Sec 1 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/

4\,S\1/2\.................................... 639.44

Sec 2 Lots 1-4, S\1/2\NW\1/4\, S\1/2\NE\1/

4\,S\1/2\.................................... 637.72

Sec 11 NE\1/4\, E\1/2\NW\1/4\, SE\1/4\, S\1/

2\SW\1/4\, NE\1/4\SW\1/4\.................... 520.00

Sec 12 all.................................... 640.00

Sec 13 all.................................... 640.00

Sec 14 all.................................... 640.00

Sec 15 E\1/2\NE\1/4\, SE\1/4\, S\1/2\SW\1/4\.. 320.00

Sec 23 E\1/2\, NE\1/4\NW\1/4\................. 360.00

Sec 24 all.................................... 640.00

Sec 25 all.................................... 640.00

Sec 26 all.................................... 640.00

Sec 27 E\1/2\, S\1/2\SW\1/4\, NE\1/4\SW\1/4\.. 440.00

Sec 34 NW\1/4\, N\1/2\NE\1/4\, W\1/2\SW\1/4\.. 320.00

Sec 35 NE\1/4\NE\1/4\, S\1/2\SE\1/4\, NW\1/

4\NE\1/4\, N\1/2\NW\1/4\, SE\1/4\NW\1/4\..... 280.00

Sec 36 N\1/2\NE\1/4\, W\1/2\,W\1/2\SE\1/4\.... 480.00

7,837.16

Total Federal Acres Identified for Exchange. 15,831.73

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Land reservations of the United States, exceptions to title and

uses to be recognized.

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

alternative and the proposal identified above. Based on the issues

identified through scoping, all action alternatives will vary in the

number of acres to be exchanged, the location of the acres to be

exchanged, and the kind of mitigation measures. Issues will drove the

formulation of feasible alternatives, as will acceptance of each

alternative by Potlatch Corporation and the Forest Service.

The EIS will analyze the direct, indirect and cumulative

environmental effects of the alternatives. Past, present and projected

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.

Comments from the public and other agencies will be used in

preparation of the Draft EIS.

The scoping process will continue to 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 as the Clearwater 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.

[[Page 14417]] Preliminary issues identified as a result of

internal and public scoping include: equal value of land being

exchanged, plus, effects of the proposal on wildlife habitat, old

growth habitat, water quality, riparian areas, fisheries, roadless

areas, federal investigations already made, revenues to the counties,

road access, deferred road maintenance, fire protection boundaries,

timber program, visual quality of the area, recreation, and effects on

threatened, endangered and sensitive species. This list will be

verified, expanded and/or modified based on continued scoping for this

proposal.

Public participation is important all through the analysis process.

Two key time periods have been identified for receipt of formal

comments on the proposal and analysis:

1. Scoping period, which starts with publication of this notice and

continues for the next 45 days; and

2. Review of the Draft EIS in September and October, 1995.

The Forest Service expects to file the Draft EIS with the Environmental

Protection Agency in August 1995. 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 Final

EIS and Record of Decision are expected in December 1995.

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

a draft EIS 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 EIS stage but that are not raised

until after completion of the final EIS may be waived or dismissed by

the courts. Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334,

1338 (E.D. Wisc. 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 EIS.

To assist the Forest Service in identifying and considering issues

on the proposed action, comments on the Draft EIS should be as specific

as possible. It is also helpful if comments refer to specific pages or

chapters of the Draft EIS.

Comments may also address the adequacy of the Draft EIS 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.)

I am the responsible official for this environmental impact

statement. My address is Clearwater National Forest, Forest

Supervisor's Office, 12730 Highway 12, Orofino, ID 83544.

Dated: March 8, 1995.

James L. Caswell,

Forest Supervisor.

[FR Doc. 95-6551 Filed 3-16-95; 8:45 am]

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