Issue an Easement To Access Private Land in the Taylor Fork Area; Gallatin National Forest, Gallatin County, MT

DEPARTMENT OF AGRICULTURE

Forest Service

Issue an Easement To Access Private Land in the Taylor Fork Area;

Gallatin National Forest, Gallatin County, MT

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare environmental impact statement.

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SUMMARY: The USDA, Forest Service, will prepare an environmental impact

statement (EIS) to disclose the environmental effects of issuing an

easement to access private land in the Taylor Fork area. The Federal

Land Policy and Management Act (FLPMA, Pub. L. 94-579, 10/21/76)

provided authority for the Forest Service to condition private requests

for road access and use upon the private party's grant of reciprocal

acquisition of USDA easements from the private landowner for the

following facility: Public and administrative trail easement across

Section 1 for the Eldridge Creek Trail and the Lincoln Mountain Trail.

DATES: Written comments and suggestions should be received on or before

December 6, 1999.

ADDRESSES: Submit written comments and suggestions on this proposed

activity or a request to be placed on the project mailing list to Gary

`Stan' Benes, District Ranger, Hebgen Lake Ranger District, Gallatin

National Forest, P.O. Box 520, West Yellowstone, Montana, 59758.

FOR FURTHER INFORMATION CONTACT: Cathey Hardin, EIS Team Leader, Phone

(406) 646-7369.

SUPPLEMENTARY INFORMATION: Private landowner has requested access

across National Forest System land. Section 1323(a) of the Alaskan

National Interest Lands Conservation Act (ANILCA) provides for a right

of access to non-federally owned land. Federal Land Policy and

Management Act of October, 1976 (FLPMA, Pub. L. 94-579) provides

authority for the Forest Service to issue permits to private landowner.

Landowners shall be authorized such access as the authorized officer

deems to be adequate to secure them the reasonable use and enjoyment of

their land (36 CFR 251.110 (c)). The Gallatin National Forest Land and

Resource Management Plan provides guidance for land management

activities, including access to private landowners.

The proposed access is located on Forest Service System land in

Section 12, T.9S., R.3E., in the Taylor Fork area. Access would require

the construction of a bridge across Taylor Fork Creek and approximately

400 feet of road reconstruction, or up to approximately \1/4\ mile of

road construction. The landowner would be responsible for the bridge

and road construction meeting Forest Service design. The private

landowner will be required to obtain a 310 or 124 permit from Montana

State Fish, Wildlife and Parks before any bridge construction.

One of the standards of the Gallatin Forest Plan is that rights-of-

way across National Forest System lands will be granted in situations

involving a statutory right of access, subject to compliance with

applicable rules and regulations of the Secretary of Agriculture. The

proposed access is located within Management Area 15, and Management

Area 7 when crossing Taylor Fork Creek. Below are the management goals.

Management Area 15: 1. Meet grizzly bear mortality reduction goals

as established by the Interagency Grizzly Bear Committee. 2. Manage

vegetation to provide habitat necessary to recover the grizzly bear. 3.

Provide forage for livestock consistent with goal 1. 4. Provide

dispersed recreation opportunities consistent with goal 1.

Management Area 7: Manage the riparian resource to protect the

soil, water, vegetation, fish, and wildlife dependent upon it.

The Forest Service will consider a range of alternatives. The IES

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.

Public participation is an important part of the analysis,

commencing with the initial scoping process (40 CFR 1501.7). A scoping

document was mailed to interested individuals and groups in January of

1999. The comment period has been extended. The public is welcome to

visit Forest Service officials anytime during the analysis and prior to

the decision. No public meetings are scheduled at this time. The

following issues have been identified so far:

1. Potential effects to westslope cutthroat trout and arctic

grayling trout.

2. Potential effects on water quality and stream condition of

Taylor Fork Creek.

3. Potential effects to grizzly bear habitat.

4. Potential effects to elk habitat. Including elk calving,

cumulative effects of road densities, hiding and thermal cover.

5. Potential effects to recreation.

The Draft EIS is expected to be filed with the Environmental

Protection Agency (EPA) and available for public review in February of

2000. 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 this project participate at that time. The Final EIS is

scheduled to be completed by May, 2000.

The Forest Service believes, at this early stage, it is important

to give reviewers notice of several court ruling 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 alters an agency to the reviewers' position and

contention. Vermont Yankee Nuclear Power Corp. v. NRDS, 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 court. City of Angoon v. Hodel, 803 F.2d

1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris. 490

S. 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 30

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days scoping comment 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, comments should be as specific to this proposal 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 40 CFR 1503.3 in addressing these

points.

I am the responsible official for this environmental impact

statement.

Dated: October 26, 1999.

Gary L. `Stan' Benes,

District Ranger.

[FR Doc. 99-28989 Filed 11-4-99; 8:45 am]

BILLING CODE 3410-11-M