# Stimson ANILCA Access Easement, Colville National Forest, Pend Oreille County, WA > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A99-8726 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** April 8, 1999 - **Citation:** 64 FR 17144 ## Text DEPARTMENT OF AGRICULTURE Forest Service Stimson ANILCA Access Easement, Colville National Forest, Pend Oreille County, WA ACTION: Notice of intent to prepare environmental impact statement. ----------------------------------------------------------------------- SUMMARY: The Forest Service, USDA, will prepare an environmental impact statement (EIS) on a site-specific proposal to grant an easement and authorize construction and reconstruction of specific roads across National Forest System (NFS) lands as requested by Stimson Lumber Company to access their lands. This request seeks legal access to approximately 2,480 acres in five separate sections of non-Federal land located within the Forest Boundary on the Sullivan Lake Ranger District. The proposed action is located approximately six miles south of Ione, Washington, within the LeClerc Creek watershed. The Proposed Action will be in compliance with the 1988 Colville National Forest Land and Resource Management Plan (Forest Plan) as amended, which provides the overall guidance for management of this area. The Colville National Forest invites written comments and suggestions on the scope of the analysis. The agency gives notice of the full environmental analysis and decision making process so that interested and affected people may be able to participate and contribute in the final decision. [[Page 17145]] DATES: Comments concerning the scope of this proposal should be received in writing by May 15, 1999. ADDRESSES: Send written comments and suggestions to Fred C. Gonzalez, District Ranger, 12641 Sullivan Lake Road, Metaline Falls, Washington 99153. FOR FURTHER INFORMATION CONTACT: Questions about this EIS should be directed to Tim Bertram, Interdisciplinary Team Leader, 12641 Sullivan Lake Road, Metaline Falls, Washington 99153 (phone: 509-446-7500). SUPPLEMENTARY INFORMATION: The Proposed Action is to grant an easement to Stimson Lumber Company authorizing the construction, reconstruction, and use of seven segments of road, totaling approximately 2.69 miles, to access their property. Sections of land to be accessed are surrounded by NFS lands and no legal road access to the sections currently exists. Stimson Lumber Company seeks access pursuant to the Alaska National Interest Lands Conservation Act, (ANILCA). The ANILCA directs the Forest Service to grant access to inholdings of non-Federal land within the National Forest boundary for the reasonable use and enjoyment of those lands by the landowner. Stimson has stated that it intends to manage the lands to be accessed for long-term timber production utilizing conventional ground based logging systems. The applicant intends to build roads on the easement sufficient to support the intended use of the land. The proposed Action may result in an amendment to the Forest Plan to provide additional standards and guidelines for the LeClerc Grizzley Bear Management Unit. The standards and guidelines would be based upon recommendations provided in the Interagency Grizzly Bear committee Task Force Report (as revised July 29, 1998). This analysis will evaluate a range of alternatives for granting access for Stimson's inholdings. The access involves approximately 2.69 miles of road on 22 acres of NFS lands. Analysis of effects will include both the project area on NFS lands as well as affects on non-federal Stimson lands accessed by the roads. Analysis areas will differ based on resource being assessed (watershed boundaries, grizzly bear management units, etc.). The Draft EIS will be tiered to the Colville National Forest Land and Resource Management Plan. The Land and Resource Management Plan's Management Area direction for this project area is approximately 3 percent Old Growth Dependent Species Habitat (Management Area 1), 30 percent Wood/Forage Emphasis (Management Area 7), and 67 percent Winter Range (Management Area 8). Preliminary issues include: (1) Under ANILCA and its implementing regulations, what would constitute reasonable access to Stimson land; (2) What would be the effects of granting access to Stimson land on natural resources including proposed, threatened, and endangered species habitat; and (3) Where is access mutually needed by both Stimson and the Forest Service to meet both economic concerns and natural resource objectives? A range of alternatives will be considered, including a no-action alternative. Initial scoping began in May 1992 with notice and mailings to interested parties. An Interdisciplinary team was assigned on May 28, 1992 to identify and clarify issues, to explore and develop alternatives based on key issues, and to review and analyze potential environmental effects. An Environmental Assessment (EA), called the Stimson Cost-Share EA, was issued to the public for comment from July 16, 1997 to August 15, 1997. A Decision Notice/Finding of No Significant Impact was issued on March 6, 1998. The decision document was appealed and reversed by the Appeal Deciding Officer on June 15, 1998. comments from the EA comment period and the appeals have been incorporated in the preparation of this Notice and the Proposed Action. The Environmental Protection Agency (EPA) will publish a Notice of Availability of the draft EIS in the Federal Register. The draft EIS is expected to be available by June, 1999. The comment period on the draft EIS will be 45 days from the date the EPA notice appears in the Federal Register. It is important that those interested in the management of the Colville National forest participate at that time. 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 the 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. 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 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. The final EIS is scheduled to be available by September 1999. In the final EIS, the Forest Service is required to respond to substantive comments received during the comment period for the draft EIS. The Lead Agency is the USDA Forest Service. The responsible official is Colville National Forest Supervisor, Robert L. Vaught, 765 South Main, Colville, WA 99114. The responsible official will decide which, if any, of the alternatives will be implemented. The decision and the rationale for the decision will be documented in the record of Decision, which will be subject to Forest Service Appeal Regulations (36 CFR Part 215). Dated: March 30, 1999. Robert L. Vaught, Forest Supervisor. [FR Doc. 99-8726 Filed 4-7-99; 8:45 am] BILLING CODE 3410-11-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-8726. Public record. Not legal advice.