State Road Use Permit To Access Damfino Section 16, Medicine Bow- Routt National Forests, Brush Creek/Hayden Ranger District, Carbon County, WY

DEPARTMENT OF AGRICULTURE

Forest Service

State Road Use Permit To Access Damfino Section 16, Medicine Bow-

Routt National Forests, Brush Creek/Hayden Ranger District, Carbon

County, WY

AGENCY: USDA, Forest Service.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: The U.S. Department of Agriculture, Forest Service, Medicine

Bow-Routt National Forests, Brush Creek/Hayden Ranger District, will

prepare an Environmental Impact Statement (EIS) to assess and disclose

the environmental effects of issuing a Road Use Permit to the State of

Wyoming to access its lands in Section 16, T. 12 N., R. 83 W., 6th

P.M.; across National Forest System lands. The State of Wyoming has

completed application for a Forest Road Special Use Permit to exercise

its right under the Alaska National Interest Lands Conservation Act of

December 2, 1980. The permit would allow the State of Wyoming to

transport logs from a commercial timber sale on its land across

National Forest System lands over existing Forest Development Roads.

The analysis area is southeast of Encampment, Wyoming. All roads across

National Forest System lands needed to access the State of Wyoming

lands in School Section 16 already exist as Forest Development Roads,

which are in suitable condition and capable of supporting the proposed

use. No new road construction or reconstruction on National Forest

System lands would be needed for the state to access its lands.

This Notice of Intent is being issued under the authority of the

Medicine Bow National Forest Land and Resource Management Plan and

Final EIS of October 1985. The Medicine Bow National Forest formally

initiated plan revision on October 7, 1999 with a Notice of Intent

published in the Federal Register. It is anticipated that the 1985

Forest Plan will still be in effect when the Record of Decision for

this EIS is issued.

DATES: Public scoping for a Road Use Permit to Louisiana Pacific, an

agent of the State of Wyoming, was initiated on January 28, 1999. A

total of 83 comment letters were received. Additional scoping was

initiated on August 10, 1999 for a Road Use Permit to the State of

Wyoming. A total of 53 comment letters were received. All comments

received from these previous scoping efforts related to the issuance of

a Road Use Permit to access State of Wyoming lands in Damfino Section

16 will be combined with comments received as a result of this Notice

of Intent and reviewed to identify potential issues for this analysis.

Since these previously received comments will be incorporated into this

analysis, individuals who responded to either the January 28, 1999 or

August 10, 1999 scoping requests need provide comment at this time only

if they wish to provide additional information to what they previously

submitted. Written comments and suggestions should be postmarked by

January 21, 2000 to receive consideration. The estimated time for

filing the draft EIS is March 2000 followed by the final decision in

May 2000.

ADDRESSES: The Responsible Official is Don Carroll, District Ranger;

Brush Creek/Hayden Ranger District; Medicine Bow-Routt National

Forests; PO Box 249; South HWY 130/230; Saratoga, WY 82331. Written

comments and suggestions concerning the scope of the analysis may be

sent to him at that address.

FOR FURTHER INFORMATION CONTACT: John Baumchen, Interdisciplinary Team

Leader. Phone: 307-326-5258.

SUPPLEMENTARY INFORMATION:

Background: Under authorities provided for in 36 CFR 261.12 and 36

CFR 261.54, Forest Supervisor Jerry Schmidt issued Supervisor's Order

98-10 on July 8, 1998. This order requires written authorization for

commercial use of any Forest Development Road on the Medicine Bow-Routt

National Forest. In response to this requirement, the State of Wyoming,

has applied for a Forest Road Special Use Permit for commercial haul

related to a timber sale on State lands over Forest Development Roads

(FDR's) 409, 416, 416.1D and 416.2D. The Wyoming lands are located

adjacent to the Wyoming border with Colorado in Section 16, T.12N.,

R.83W., 6th P.M. The State of Wyoming would thus exercise its right

under the Alaska National Interest Lands Conservation Act of December

2, 1980 (ANILCA) to access these lands. The Forest Road Special Use

Permit is not a general authorization. The permit would provide

specific authority to the permittee for the activities listed, subject

to stipulations included in the permit.

[[Page 72067]]

Forest Development Roads suitable for commercial haul already exist

to a termination point within School Section 16. The National Forest

roads to be used include both roads that are open system roads as well

as roads originally constructed as part of the Coon Creek Pilot

Project, which are normally closed.

Scoping process: All comments received from previous scoping

efforts related to the issuance of a Road Use Permit to access State of

Wyoming lands in Damfino Section 16 will be combined with comments

received as a result of this Notice of Intent and reviewed to identify

potential issues for this analysis. Since previously received comments

will be incorporated into this analysis, individuals who responded to

either the January 28, 1999 or August 10, 1999 scoping requests need to

provide comment at this time only if they wish to provide information

additional to what they previously submitted.

Proposed Action: The proposed action is to issue a Road Use Permit

to the State of Wyoming for commercial haul over National Forest Roads

from State of Wyoming land in Section 16 in T.12N., R.83W.

Potential alternatives: The Interdisciplinary Team will review

scoping comments from all three scoping processes to identify key

issues and will develop a recommendation concerning alternatives to the

Proposed Action warranting analysis in the Environmental Impact

Statement. As a minimum, the alternatives to be analyzed in the EIS

would include the No Action Alternative (do not issue a Road Use

Permit); and the Proposed Action (issue a road use permit to the State

of Wyoming over the requested route).

Preliminary Issues: The following preliminary issues have been

identified through past scoping of projects in the area:

What are the FS authorities and Wyoming's rights under ANILCA

concerning the issuance of a Road Use Permit to Section 16?

Under what conditions would a Road Use Permit needed for commercial

haul for a commercial timber sale be issued to the State of Wyoming?

What would be the effects of a timber sale on lands owned by the

State of Wyoming to adjacent National Forest System resources,

particularly, what are the effects to recreation, wildlife, soil and

water?

What are appropriate alternatives for the analysis?

What interpretations and positions concerning effects to resources,

roadless character, fragmentation and environmental laws should be used

to analyze activities on lands not under the jurisdiction of the U.S.

Forest Service?

Decision to be made: The Responsible Official will decide which

alternative of those considered in the draft Environmental Impact

Statement to select. Based on the decision that is made, he will also

decide what mitigation measures and permit stipulations will be

required. The issues and alternatives developed from public comment and

Interdisciplinary Team analysis will be clearly disclosed in the

Environmental Impact Statement. From the project record, the

Responsible Official and others who may review the decision will be

able to fully understand the consequences of implementing the selected

alternative.

Reviewer Obligations: The comment period on the draft environmental

impact statement 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 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,

533 (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.

Release of Names: 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 parts 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 confidentiality should be

aware that, under the FOIA, confidentiality may be granted in only very

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 ten

(10) days.

Responsible Official: Don Carroll, District Ranger; Brush Creek/

Hayden Ranger District; Medicine Bow-Routt National Forests; P.O. Box

249; Saratoga, WY 82331.

As the Responsible Official, I will decide which, if any of the

alternatives to be described in the draft Environmental Impact

Statement will be implemented. I will document the decision and reasons

for my selection of the decision in the Record of Decision.

Dated: December 16, 1999.

Don G. Carroll,

District Ranger.

[FR Doc. 99-33284 Filed 12-22-99; 8:45 am]

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