South Babione Project, Bighorn National Forest, Sheridan and Johnson Counties, Wyoming

Federal RegisterAug 28, 1997

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DEPARTMENT OF AGRICULTURE

Forest Service

South Babione Project, Bighorn National Forest, Sheridan and

Johnson Counties, Wyoming

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare environmental impact statement.

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SUMMARY: The Forest Service will prepare an environmental impact

statement to disclose the environmental impacts on a proposal to

harvest timber in the South Babione area, located on the Bighorn

National Forest within Sheridan and Johnson Counties, Wyoming.

The proposal provides for: (1) timber harvest of approximately 350

acres of forested land and would result in approximately 3 million

board feet of sawlog and utility timber; (2) construction of

approximately 8 miles of permanent and temporary road and

reconstruction of approximately 2 miles of road; and (3) a change in

travel management by closing the area to off-road motorized travel.

The Forest Service invites comments and suggestions on the draft

environmental impact statement (DEIS) from federal, state and local

agencies, as well as individuals and organizations who may be

interested in, or affected by the proposed action.

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

in writing by September 30, 1997.

ADDRESSES: Send written comments to Craig Yancy, District Ranger,

Tongue Ranger District, 1969 South Sheridan Avenue, Sheridan, Wyoming

82801.

FOR FURTHER INFORMATION CONTACT:

Trish Clabaugh, Interdisciplinary team leader, (307) 674-2683.

SUPPLEMENTARY INFORMATION:

Background

In 1991, the Babione Timber Sale Environmental Assessment was

signed which included the South Babione area currently proposed for

study. Since that time, a different road location has been proposed and

revised harvest methods have been proposed to better meet the

management area objectives in the 4B wildlife area within the project

area.

The environmental impact statement for the South Babione Project

will tier to the Final Environmental Impact Statement for the Bighorn

National Forest Land and Resource Management Plan of 1985. The project

area is located south of Forest Development Road 299 and west of Antler

Creek. The project area covers approximately 5,000 acres.

Purpose and Need

The South Babione Project is being scheduled to provide

supplemental environmental analysis for the South Babione area. The

purpose and need for this project is: (1) to implement the direction

contained in the Bighorn National Forest Land and Resource Management

Plan of 1985, including goals, objectives, management prescriptions,

and standards and guidelines; (2) to improve the overall diversity and

wildlife habitat of management indicator species; (3) to maintain wood

production from suitable timber lands; (4) to help provide a supply of

timber from the Bighorn National Forest which meets existing and

potential market demand and is consistent with sound multiple use and

sustained yield objectives; and (5) to determine proper travel

management in the area.

Public Comment

Although scoping is reinitiated through this Notice of Intent, most

comments received during earlier scoping efforts are considered

applicable and will be retained. People who wish to update their

earlier comments based on the revised purpose and need are encouraged

to do so.

Following the publication of this notice, a scoping letter will be

mailed to interested people and organizations. The letter will briefly

describe the project and area, purpose and need for the action and will

invite public comment.

Following scoping, the interdisciplinary team will review comments

received during scoping to determine which issues are significant. The

team will then develop a range of alternatives including the ``no

action'' alternative, in which no timber harvest or road construction

is proposed. Other alternatives will consider various levels and

locations of timber harvest.

The draft environmental impact statement is expected to be filed

with

[[Page 45620]]

the Environmental Protection Agency in April 1998. The comment period

on the draft is 45 days from the date the Environmental Protection

Agency publishes the Notice of Availability in the Federal Register.

Agencies and other interested persons or groups are invited to write or

speak with Forest Service officials at any time during the planning

process until the 45 day comment period on the draft ends. The final

environmental impact statement and record of decision is expected to be

completed in June 1998.

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 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, 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.) Please note that comments

you make on the draft environmental impact statement will be regarded

as public information.

Decisions to be Made

Abigail Kimbell, Forest Supervisor, is the Responsible Official and

will decide whether or not to authorize timber harvest within the South

Babione Project Area. The Responsible Official will make a decision

regarding this proposal after considering public comments and the

information in the final environmental impact statement, and applicable

laws, regulations and policies. The decision and supporting reason will

be documented in the Record of Decision.

Dated: August 20, 1997.

Abigail R. Kimbell,

Forest Supervisor.

[FR Doc. 97-22901 Filed 8-27-97; 8:45 am]

BILLING CODE 3410-11-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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