I-90 Wilderness Study for the Wenatchee National Forest, Kittitas County, WA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 4, 2001 (Volume 66, Number 87)]
[Notices]
[Page 22514-22515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my01-40]
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DEPARTMENT OF AGRICULTURE
Forest Service
I-90 Wilderness Study for the Wenatchee National Forest, Kittitas
County, WA
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent to Prepare a Legislative Environmental Impact
Statement.
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SUMMARY: Title VI of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act for Fiscal Year 1999 (also known as the
Interstate 90 Land Exchange Act) directed the Secretary of Agriculture
to review an area of land comprising approximately 15,000 acres, as
generally depicted on an October 1998 map entitled ``Alphine Lakes
Wilderness Study Area'', for its suitability for preservation as
wilderness. This study is to be completed no later than three years
after the date of enactment of the Act. As directed by section 610 of
the Interstate 90 Land Exchange Act, the Forest Service is undertaking
the I-90 Wilderness Study in accordance with the process outlined in 40
CFR 1506.8. This process includes development of a legislative
environmental impact statement (EIS) to provide a basis for the
Secretary's recommendations as to suitability of specific lands for
wilderness designation by Congress. This is a non-ground disturbing
action that may result in a land management allocation change and
Wenatchee National Forest Plan amendment. The agency invites written
comments on the scope of this project. In addition, the agency gives
notice of this analysis so that interested and affected people are
aware of how they may participate and contribute to the final decision.
ADDRESSES: Submit written comments and suggestions to the Cle Elum
Ranger District, Attn: Floyd Rogalski, Project Manager, 803 West 2nd
Street, Cle Elum, WA 98922.
FOR FURTHER INFORMATION CONTACT: Floyd Rogalski, Project Manager, Cle
Elum Ranger District 803 West 2nd Street, Cle Elum, WA 98922, (509)
674-4411.
SUPPLEMENTARY INFORMATION: The Omnibus Consolidated and Emergency
Supplemental Appropriations Act for Fiscal Year 1999 (Pub. L. 105-277,
122 Stat. 2681) included special Title VI legislation known as the
Interstate 90 Land Exchange Act of 1998. Section 610 of this act
provides that:
In furtherance of the purposes of the Wilderness Act, if the
land exchange directed by this Act is consummated, the area of land
comprising approximately 15,000 acres, as generally depicted on a
map entitled ``Alpine Lakes Wilderness Study Area,'' dated October
1998, shall be reviewed by the Secretary of Agriculture as to its
suitability for preservation as wilderness. The Secretary shall
submit a report and findings to the President, and the President
shall submit his recommendation to the United States House of
Representatives and United States Senate no later than three years
after the date of enactment of this Act.
As a result of the passage of this Act, the Forest Service is
undertaking the preparation of a legislative EIS to support the
recommendation to be made to Congress in accordance with 40 CFR 1506.8.
Enactment of the I-90 Exchange Act occurred with the exchange of deeds
between the Forest Service and their partners in the exchange, Plum
Creek Timber Company, L.P. on December 28, 1999. Accordingly, the EIS
and subsequent wilderness recommendations must be presented to Congress
no later than December 28, 2002.
The area subject to this study is comprised of Forest Service
System lands adjacent to the existing Alpine Lakes Wilderness boundary
north of the I-90 corridor on the Cle Elum Ranger District. The major
issues that have been identified to date include: the impacts on the
mineral potential of the lands in the study area; the impacts to
existing recreation uses and to existing special use permittees;
identification of those lands having the characteristics that would
make them valuable as designated wilderness; and the nature and effect
of the management restrictions or opportunities that would exist with
respect to any lands allocated as wilderness. Based on these and other
issues, a range of alternatives will be
[[Page 22515]]
developed to serve as the basis for the recommendation to be made to
Congress.
Public participation will be especially important at several points
during the analysis. The Forest Service will be seeking information,
comments, and assistance from Federal, State, Tribe, and local
agencies, and other individuals or organizations who may be interested
in or affected by the proposed actions. This information will be used
in preparation of the draft legislative EIS. Public open houses to
discuss this study are scheduled from 4 to 8 p.m. at the following
locations: Monday, May 7, 2001, Snoqualmie Ranger District, 42404 SE
North Bend Way, North Bend, Washington; Tuesday, May 8, 2001, Summit
Inn, 603 State Route 906, Snoqualmie Pass, Washington; and Thursday,
May 10, 2001, Hal Holms Community Center, 201 N. Ruby, Ellensburg,
Washington.
The draft legislative EIS is expected to be filed with the
Environmental Protection Agency (EPA) and is to be available for public
review by October 2001. The comment period on the draft legislative EIS
will be 60 days from the date the EPA 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 ruling related to public
participation in the environmental review process. First, reviewers of
a draft legislative 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 Cor. v. NRDC, 435 U.S. 519, 553 (1978). Also,
environmental objections that could be raised at the draft legislative
EIS stage but that are not raised until after completion of the final
legislative 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 60
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 legislative EIS.
To assist the Forest Service is identifying and considering issues
and concerns on the proposed action, comments on the draft legislative
EIS 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 legislative 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 legislative EIS is schedule to be completed by October
2002. The Forest Service will respond to the comments received during
the comment period in the final legislative EIS. These comments will be
forwarded to the Congressional committee with jurisdiction over the
proposal along with the final legislative EIS and study report.
Dated: April 24, 2001.
Sonny J. O'Neal,
Forest Supervisor.
[FR Doc. 01-11214 Filed 5-3-01; 8:45 am]
BILLING CODE 3410-11-M
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