Nicholson Land Exchange, Boise National Forest, Boise and Elmore Counties, ID

DEPARTMENT OF AGRICULTURE

Forest Service

Nicholson Land Exchange, Boise National Forest, Boise and Elmore

Counties, ID

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare Environmental Impact Statement.

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SUMMARY: The Boise National Forest will prepare an Environmental Impact

Statement (EIS) to document the analysis and disclose the environmental

impacts of a proposed land exchange with Thomas T. and Diana R.

Nicholson.

In this exchange, the Boise National Forest would trade parcels

totaling approximately 5,890 acres to the Nicholsons in exchange for

parcels totaling approximately 573 acres. In order for the exchange to

take place, the appraised values of the lands exchanged must be equal.

Because of the different character, location, and potential uses of the

different parcels, it is possible for appraised values to be equal even

when acreage figures are not. Any or all of the acres proposed for

exchange may be exchanged provided the values are equal. In the event

the values are not equal, either party may equalize the value by

payment in cash, provided the cash equalization does not exceed 25

percent of the appraised value of the Federal lands to be conveyed in

the exchange.

DATES: Written comments concerning the scope of the analysis described

in this Notice should be received by November 14, 1997, to ensure

timely consideration. No scoping meetings are planned at this time.

ADDRESSES: Send written comments to Sharon Paris, Project Coordinator,

Boise National Forest, 1249 South Vinnell Way, Boise, ID 83709.

FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed

action and EIS should be directed to Sharon Paris at (208) 373-4157.

SUPPLEMENTARY INFORMATION: In September 1995, the Boise National Forest

completed an Environmental Assessment (EA) titled ``Nicholson #3 Land

Exchange Project.'' This EA was distributed to the public as a

predecisional EA.

Based on the information in the EA, the Boise National Forest

concluded the proposal may have a significant effect on the roadless

resource and decided to prepare an EIS. The proposal may result in the

reduction of approximately 1,745 acres of the Mount Hienen Inventoried

Roadless Area (IRA) from the National Forest System. The IRA is

currently 12,390 acres. Proposals that may substantially alter the

undeveloped character of an IRA require the preparation of an EIS.

The previous scoping and analysis identified that the proposed

exchange would result in the reduction of approximately 1,745 acres of

the Mount Heinen IRA from the National Forest System. Other potential

issues may be identified during the current scoping period.

The Forest Service is seeking information and comments from

Federal, State, and local agencies, as well as individuals and

organizations who may be interested in, or affected by, the proposed

action. The Forest Service invites written comments and suggestions on

the issues related to the proposal and the area being analyzed.

[[Page 52965]]

Information received will be used in preparation of the draft EIS

and final EIS. For the most effective use, comments should be submitted

to the Forest Service within 30 days from the date of publication of

this Notice in the Federal Register.

The Responsible Official is Robert W. Ross, Jr., Director of

Recreation and Lands, Intermountain Region, Ogden, Utah. The decision

to be made is whether to exchange National Forest System lands for

private lands that would be of equal appraised value and of benefit to

the public. The draft EIS is expected to be available for public review

in February 1998, with a final EIS estimated to be completed in May

1998. 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 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 EIS's 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. 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 EIS.

To assist the Forest Service in identifying and considering issues

and concerns 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 chapter 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 draft EIS. 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.

Comments received in response to this solicitation, including names

and addresses of those who comment, will be considered part of the

public record on this proposed action and will be available for public

inspection. Comments submitted anonymously will be accepted and

considered; however, those who submit anonymous comments will not have

standing to appeal the subsequent decision under 36 CFR 215 or 217.

Additionally, pursuant to 7 CFR 1.27(d), any person may request the

agency to withhold a submission from the public record by showing how

the Freedom of Information Act (FOIA) permits such confidentiality.

Persons requesting such confidentially should be aware that, under the

FOIA, confidentiality may be granted in only limited circumstances,

such as to protect trade secrets. The Forest Service will inform the

requester of the agency's decision regarding the request for

confidentiality, and where the request is denied, the agency will

return the submission and notify the requester that the comments may be

resubmitted with or without name and address within 10 days.

Dated: October 3, 1997.

Jack A. Blackwell,

Deputy Regional Forester, Intermountain Region, USDA Forest Service.

[FR Doc. 97-26790 Filed 10-9-97; 8:45 am]

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