[Federal Register: December 4, 2008 (Volume 73, Number 234)]
[Notices]
[Page 73902-73904]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de08-16]
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DEPARTMENT OF AGRICULTURE
Forest Service
Clearwater National Forest; Idaho; Upper Lochsa Land Exchange EIS
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent to Prepare an Environmental Impact Statement.
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SUMMARY: In April 2006 the Forest Service received a proposal from
Western Pacific Timber LLC (WPT) in which a major exchange of land was
proposed. The WPT proposal included approximately 40,000 acres of
checkerboard land intermingled with the Clearwater National Forest near
Powell, Idaho. These checkerboard lands are of interest to the Forest
Service because they encompass the headwaters of the Lochsa River and
hold outstanding values for many fish and wildlife species. The
checkerboard lands also hold significant cultural resources including
the Lewis and Clark National Historic Trail and Nez Perce Tribe treaty
area.
In September 2008 the Clearwater National Forest completed a
feasibility analysis of the proposed exchange as a first level screen
to review forest management plans, identify public benefit, identify
availability of resources to complete the proposed exchange, identify
title and property descriptions and identify potential support and
opposition. The outcome of the feasibility analysis was a
recommendation to enter into an Agreement to Initiate a land exchange
with WPT. The agreement, signed by both parties in September, specifies
the roles and responsibilities of each party involved in the exchange.
In the proposed land exchange the Forest Service would acquire
approximately 39,371 acres of land in the upper Lochsa River drainage
in exchange for up to approximately 28,212 acres of National Forest
System (NFS) land. It is anticipated that this is more than adequate
federal acreage to complete an equal value land exchange. The NFS lands
are located on the Clearwater, Nez Perce and Idaho Panhandle National
Forests.
DATES: Comments concerning the scope of the analysis should be received
by January 5, 2009. The draft environmental impact statement is
expected Summer 2009, and the final environmental impact statement is
expected Spring 2010.
ADDRESSES: Send written comments to: Tom Reilly, Forest Supervisor,
Clearwater National Forest, c/o Teresa Trulock, Project Manager, 903
3rd Street, Kamiah, Idaho 83536. Electronic comments may be sent to
comments-northem-clearwater@fs.fed.us with the subject line ``Upper
Lochsa Land Exchange''. Acceptable formats are MS Word or RTF.
FOR FURTHER INFORMATION CONTACT: Teresa Trulock, Project Manager at the
Clearwater National Forest (208) 935-4256.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The purpose of this proposed land exchange is to consolidate land
ownership in the upper Lochsa River drainage to provide more efficient
and effective resource management. This purpose can be achieved by
exchanging parcels of federal lands for WPT lands. The current
ownership pattern has a considerable effect on how the Forest Service
manages NFS lands in the upper Lochsa River drainage. Over the years,
differing management practices on the private lands have influenced
resource management decision on the NFS lands. The mixed ownership
pattern also reduces the ability to apply ecosystem management
principles across the landscape. More effective conservation and
management of natural resources can be achieved by consolidating these
lands and managing the ecosystem as a whole. For example, current
ownership results in an inability to use fuel and topography to engage
fires on a cost effective basis. Also more efficiency can be gained by
reducing administrative costs associated with boundary maintenance and
cost share roads.
In general the land exchange provides the opportunity for the
Forest Service to acquire checkerboard lands which encompass the
headwaters of the Lochsa
[[Page 73903]]
River, and hold outstanding values for aquatic and terrestrial species
along with significant cultural resources.
Proposed Action
The Forest Service proposes to exchange up to 28,212 acres, more or
less, of NFS land for approximately 39,371 acres of WPT land. The lands
included in this proposed exchange are located within Benewah,
Clearwater, Latah, Shoshone, Bormer, Kootenai and Idaho Counties.
The proposed federal lands are 46 scattered tracts of land ranging
in size from the 6.35 acre FS district compound in Elk City, Idaho to a
contiguous tract approximately 7,680 acres northeast of Elk City.
Forty-three of the NFS tracts are relatively small (from 6.35 to about
1,300 acres) and for the most part are timbered. The three remaining
NFS tracts are relatively large. One large block of land near Elk River
on the Clearwater NF is about 6,000 acres. This is timbered land
intermingled with private timber lands and has one common border with
other NFS lands. Two large blocks on the Nez Perce NF near Elk City are
approximately 3,200 and 7,680 acres, are timbered and are contiguous to
other NFS lands except on one side which borders private timberlands or
BLM. Federal lands proposed for trade are characterized by intermingled
ownerships, irregular boundaries, and inholdings.
The WPT lands proposed for exchange are checkerboard lands
intermingled with Clearwater National Forest lands in the upper Lochsa
River drainage. For the past 50 years, WPT lands were managed primarily
for timber production. For the most part these lands currently meet
State Best Management Practices for timber production lands. The
proposed action would authorize the transfer of land ownership and
management authority, including the mineral estate, between the two
parties. The proposed action would not authorize any site-specific
management activities by either party.
Possible Alternatives
At a minimum, the following alternatives must be considered and
evaluated appropriately. Proposed Action--Described above. No Action--
Under this alternative the proposed land exchange between the Forest
Service and WPT would not occur. Purchase Alternative--Land exchange
evaluations shall consider a purchase alternative in the environmental
analysis and document the non-Federal party's position on the United
States' direct purchase of all or portion of the proposed exchange
parcels documented in the administrative record. Deed Restriction
Alternative--An alternative that considers requiring specific deed
restrictions on federal lands being conveyed to comply with legal,
regulatory requirements, executive orders, policy, and/or to meet
respective Forest Plan management requirements.
Responsible Official
Thomas K. Reilly, Forest Supervisor, Clearwater National Forest,
12730 Highway 12, Orofino, Idaho 83544.
Nature of Decision To Be Made
Authorization to permit land exchange between the Forest Service
and Western Pacific Timber of up to 28,145 acres of NFS land for
approximately 40,023 acres of Western Pacific Timber land. In the
decision, the Forest Supervisor will answer the following questions
based on the environmental analysis: (1) Whether the proposed action
will proceed as proposed, as modified by an alternative, or not at all?
(2) Whether the project requires any Forest Plan amendments. This
decision will be documented in the Record of Decision for the Upper
Lochsa Land Exchange Environmental Impact Statement (EIS). If the
decision that is made would require an amendment to any of the Forest
Plans, the analysis and documentation for the amendment will be
included. The decision will be subject to appeal in accordance with 36
CFR part 215.
Scoping Process
The Forest Service is seeking information, comments, and assistance
from individuals, organizations and federal, state, and local agencies
that may be interested in or affected by the proposed action. The
Clearwater National Forest has scheduled the preparation of an EIS to
disclose the environmental effects of the proposed project and
determine whether the proposed land exchange meets Forest Plan
objectives. Public comments will be considered and disclosed in the
environmental analysis documented in the Upper Lochsa Land Exchange
EIS. The EIS will evaluate the proposed action, no action, purchase and
deed restriction alternatives along with other alternatives that may be
developed during this process.
Public involvement was initiated November 7, 2008 by sending a
scoping notice to parties on a mailing list prepared by the Clearwater
National Forest. Public participation is being solicited by notifying
in person and/or by mail known interested and affected parties.
Announcements in area newspapers were used to give local notice of
three public meetings held in Elk River, Moscow and Elk City, Idaho in
late November 2008. A legal notice in the Lewiston Tribune and
Spokesman Review, the newspapers of record for the Clearwater, Nez
Perce and Idaho Panhandle National Forests, are being used to give the
public general notice of the scoping period. The first formal
opportunity to comment is to respond to the scoping notice or this
Notice of Intent, which initiate the scoping process (40 CFR 1501.7).
Scoping includes: (1) Identifying potential issues, (2) narrowing the
potential issues and identifying significant issues from those that
have been covered by prior environmental review, (3) exploring
alternatives in addition to no action, and (4) identifying potential
environmental effects of the proposed action and alternatives. Comments
are invited on the proposed action, possible alternatives, and issues
that should be considered. The Forest Service is asking for public
comment by January 5, 2009. If you decide to comment on the Upper
Lochsa Land Exchange proposal, please include the following: (1) Your
name, address, and organization represented, if any; (2) title of the
project for which comments are being submitted; and (3) specific facts
and supporting reasons for the Responsible Official to consider. Those
who comment will be put on the project mailing list.
Preliminary Issues
The Forest Service has identified the following potential issues.
No determination has been made as to which issues will be examined in
detail in the environmental analysis. Your input will help identify
additional issues related to the proposed action that may not be listed
here. Impacts to Idaho County tax base from increased federal lands
Treaty Rights.
The loss of the Elk City Forest Service compound and
associated impacts to the Nez Perce NF and the community of Elk City.
Cultural Resources.
Threatened and Endangered Species.
Public Access.
Timber Management.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: A draft environmental impact statement will be
prepared for comment. 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
[[Page 73904]]
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,
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 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.
Comments received, including the names and addresses of those who
comment, will be considered part of the public record on this proposal
and will be available for public inspection.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21.
Dated: November 26, 2008.
Thomas K. Reilly,
Forest Supervisor, Clearwater National Forest.
[FR Doc. E8-28670 Filed 12-3-08; 8:45 am]
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