[Federal Register: July 1, 2002 (Volume 67, Number 126)]
[Notices]               
[Page 44167-44168]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy02-38]                         





Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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[[Page 44167]]



DEPARTMENT OF AGRICULTURE

Forest Service

 
Judith Restoration EIS--Lewis and Clark National Forest

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Forest Service will prepare an environmental impact 
statement on a proposal to treat dry forest types, whitebark pine, 
limber pine and aspen, the need to reduce fuels near the urban 
interface, the need to improve water quality combined with the timing 
of a State facilitated sub-basin review, and opportunities for 
westslope cutthroat trout habitat enhancement. The analysis area 
encompasses approximately 214,000 acres of the Judith Ranger District, 
Lewis and Clark National Forest, Judith Basin County, Montana.

DATES: It is anticipated that the draft EIS will be released for review 
and comment in the winter 2002/2003.

ADDRESSES: Send written comments to Betty Holder, Judith District 
Ranger, Lewis and Clark National Forest, Box 484, Stanford, MT 59479. 
Electronic mail may be sent to comment/rl--lewisclark@fs.fed.us

FOR FURTHER INFORMATION CONTACT: Jennifer Johnsten, EIS Co-team Leader, 
(406) 791-7700 or Betty Holder, EIS Co-team Leader (406) 566-2292.

SUPPLEMENTARY INFORMATION: The Forest Service proposes vegetation 
treatment and road and trail closures/modifications on the Judith 
Ranger District within the Little Belt Mountains, which includes the 
Middle Fork and South Fork of the Judith River. A preliminary 
assessment determined this area to have a high percentage of dry forest 
types, such as Douglas-fir, which are currently overstocked, largely 
due to fire suppression. This has also led to high fuel loading, which 
is problematic near private inholdings and urban interfaces. In 
addition, water quality in the South Fork and tributaries has been 
affected by past management actions. Several populations of genetically 
pure westslope cutthroat trout are found in the South Fork. Improved 
habitat for these species is key to their survival. The enclosed map 
shows where, within the analysis area, there are opportunities to take 
action to address these objectives and meet the goals outlined below. 
This EIS will review six alternatives.

Decisions To Be Made

    The Forest Supervisor will decide whether and where vegetative 
treatment and road/trail activities would take place in the project 
area. He will decide the number of acres and miles of road/trail, if 
any, on which activity would take place and the types of treatment 
methods to be used. He will decide when any management activities would 
take place, what mitigation measures would be implemented to address 
concerns, and whether the action requires amendment(s) to the Lewis and 
Clark Forest Plan.

Responsible Official

    Rick Prausa, Forest Supervisor, is the Responsible Official for 
making the decision to implement any of the alternatives evaluated. He 
will document his decision and rationale in a Record of Decision.

Preliminary Issues

    Issues associated with this analysis that have been submitted from 
initial scoping efforts include impacts of proposed activities on 
wildlife and fish species and their habitat, soil resources, Wilderness 
Study Area, Inventoried Roadless Areas, water quality and water yield, 
and forest health.

Public Involvement, Rationale, and Public Meetings

    Initial scoping for this project began in April 2001. A letter was 
sent to 120 individuals requesting comment on the proposed action. A 
45-day review period for comments on the Draft EIS will be provided. 
Comments received will be considered and included in documentation of 
the Final EIS. The public is encouraged to take part in the process and 
to visit with Forest Service officials at any time during the analysis 
and prior to the decision. The Forest Service has sought and will 
continue to seek information, comments and assistance from Federal, 
State and local agencies and other individuals or organizations who may 
be interested in, or affected by, the proposed action.

Electronic Access and Filing Addresses

    Comments may be sent by electronic mail (e-mail) to mailroom--r1--
lewis-- and-- clark@fs. fed.us. Please reference the Judith Restoration 
EIS on the subject line. Also, include your name and mailing address 
with your comments so documents pertaining to this project may be 
mailed to you.

Estimated Dates for Filing

    The Draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and to be available for public review by 
winter, 2002/2003. At that time 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 publishes 
the Notice of Availability in the Federal Register. It is very 
important that those interested in the management of this area 
participate at that time.
    The final EIS is scheduled to be completed by July, 2003. In the 
final EIS, the Forest Service is required to respond to comments 
received during the comment period that pertain to the environmental 
consequences of the action, as well as those pertaining to applicable 
laws, regulations, and policies. These will be considered in making a 
decision regarding the proposal.

The Reviewers Obligation To Comment

    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

[[Page 44168]]

waived or dismissed by the courts. 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.

    Dated: June 24, 2002.
Lynn Johnson,
Acting Lewis and Clark Forest Supervisor.
[FR Doc. 02-16420 Filed 6-28-02; 8:45 am]
BILLING CODE 3410-11-M