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[Federal Register: July 22, 2002 (Volume 67, Number 140)]
[Notices]               
[Page 47761-47762]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy02-27]                         

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DEPARTMENT OF AGRICULTURE

Forest Service

 
Winter Motorized Recreation Forest Plan Amendment, Flathead 
National Forest, Flathead, Lake Missoula, Lincoln and Sanders Counties, 
MT

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare environmental impact statement.

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SUMMARY: The Forest Service will prepare an environmental impact 
statement (EIS) to amend the Flathead National Forest Land and Resource 
Management Plan (hereafter referred to as Forest Plan) management 
direction regarding winter snowmobile use. The amendment covers the 
entire Flathead National Forest.

DATES: Comments concerning the proposed action should be received in 
writing on or before 30 days after publication of this notice in the 
Federal Register. The draft EIS is expected to be filed with the 
Environmental Protection Agency and made available for public review in 
October 2002. No date has yet been determined for filing the final EIS.

ADDRESSES: Send written comments to Terry Chute, Planning Staff 
Officer, 1935 3rd Avenue East, Kalispell, Montana 59901 or call (406) 
758-5243.

FOR FURTHER INFORMATION CONTACT: Terry Chute, Planning Staff Officer, 
1935 3rd Avenue East, Kalispell, Montana 59901 or call (406) 758-5243.

SUPPLEMENTARY INFORMATION: The existing Forest Plan does not adequately 
address winter-motorized access. In response to administrative appeals 
of the Forest Plan, the Associate Chief of the Forest Service directed 
the Regional

[[Page 47762]]

Forester ``to clarify the LRMP management direction to eliminate any 
confusion about motorized use in MA-2A areas.'' For various reasons 
that clarification did not occur.
    In response to a 1999 lawsuit, a federal Magistrate recommended 
that the Flathead National Forest be ordered to close all Management 
Area (MA) 2A areas to motorized use. These MA 2A areas include many 
popular snowmobile play areas, as well as groomed snowmobile trails. 
The parties to the lawsuit agreed to a settlement that included 
preparation of a Forest Plan amendment in an open public forum to 
develop Forest-wide winter motorized recreation direction.
    The Purpose and Need for this amendment is to:
    1. Clarify Forest Plan management direction to eliminate any 
confusion about motorized use in MA-2A areas.
    2. Meet the requirements of a settlement agreement resulting from a 
lawsuit challenging the Flathead Forest Plan.
    3. Determine long-term winter recreation management direction 
related to motorized use.
    The Proposed Action for the Winter Motorized Recreation Amendment 
includes the following features:
    <bullet> A new Forest-wide standard would be added to the Forest 
Plan that would incorporate a set of winter motorized recreation maps 
into the Forest Plan, which would provide direction on where winter 
motorized use may and may not occur.
    <bullet> Forest-wide and management area direction would be 
reviewed and clarified as needed to provide clear direction regarding 
winter motorized access.
    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 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 of the comment period so 
that substantive comments and objections are made available to the 
Forest Service at a time when it can meaningfully consider and respond 
to them.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments should be as specific as 
possible.
    The Responsible Official is the Forest Supervisor of the Flathead 
National Forest, 1935 3rd Avenue East, Kalispell, Montana 59901. The 
Forest Supervisor will make a decision regarding this proposal 
considering the comments and responses, environmental consequences 
discussed in the final EIS, and applicable laws, regulations, and 
policies, The decision and rationale for the decision will be 
documented in a Record of Decision. That decision will be subject to 
appeal under applicable Forest Service regulations.

    Dated: July 15, 2002.
Cathy Barbouletos,
Forest Supervisor--Flathead National Forest.
[FR Doc. 02-18483 Filed 7-19-02; 8:45 am]
BILLING CODE 3410-11-M

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