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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: November 5, 1999 (Volume 64, Number 214)]
[Notices]
[Page 60405-60406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no99-31]

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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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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

[[Page 60406]]

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

 
 

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