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[Federal Register: August 13, 2007 (Volume 72, Number 155)]
[Notices]              =20
[Page 45217-45218]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au07-28]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

=20
Fuel Reduction Activities Within the City of Bozeman's Municipal=20
Watershed on the Gallatin National Forest and City of Bozeman Lands, MT=20
Gallatin National Forest; Gallatin County, MT

AGENCY: Forest Service, USDA.

ACTION: Revised notice; intent to prepare environmental impact=20
statement. The original notice was published in the Federal Register/
Vol. 70, No. 200, October 18, 2005/notices, pages 60488-60489.

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SUMMARY: On October 18, 2005, the USDA Forest Service announced its=20
intent to prepare an environmental impact statement (EIS) to disclose=20
the environmental effects of a proposed fuels reduction project in the=20
municipal watershed of the City of Bozeman, Montana. This Revised=20
Notice is being published because the projected date of June, 2006 for=20
filing the Draft EIS with the U.S. Environmental Protection Agency=20
(EPA) was not met and the Draft EIS is now expected to be filed in=20
September of 2007.
    The project's purpose and need is to begin reducing the potential=20
severity and extent of future wildland fires in the Bozeman and Hyalite=20
Municipal Watersheds, begin creating vegetation and fuel conditions=20
that will reduce the risk of excess sediment and ash reaching the=20
municipal water treatment plant in the event of a severe wildland fire,=20
begin creating vegetation and fuel conditions that will provide for=20
firefighter and public safety by modifying potential fire behavior, and=20
reduce fuel conditions in the wildland/urban interface (WUI). A range=20
of 3 to 5 alternatives are targeted for consideration in this planning=20
process.

DATES: Initial comments on this proposal were received by November 11,=20
2005.

ADDRESSES: Written comments should be sent to Jim Devitt, Gallatin=20
National Forest Supervisors Office, P.O. Box 130, Bozeman, Montana=20
59771-0130.

FOR FURTHER INFORMATION CONTACT: Jim Devitt, Bozeman Municipal=20
Watershed Project Interdisciplinary Team Leader, Gallatin National=20
Forest Supervisors Office, (406) 587-6749.

SUPPLEMENTARY INFORMATION: The need of this project, as identified by=20
the Gallatin National Forest and the City of Bozeman, is to maintain a=20
high-quality, long term, and predictable water supply for Bozeman area=20
residents. The Bozeman Municipal Watershed analysis area is a landscape=20
dominated by steep canyons and timbered slopes. The two drainages are=20
very popular and receive heavy use for outdoor recreation activities=20
such as pleasure driving, hiking, biking, camping, picnicking, fishing,=20
and hunting, to name a few. The Bozeman Municipal Water project will=20
apply to portions of National Forest System Lands and City of Bozeman=20
land within the Bozeman and Hyalite Watersheds. There are several homes=20
and sub-divisions within one half mile of the forest boundary or within=20
the WUI. Fire simulation models showed that a large fire started in=20
either Bozeman Creek or Hyalite Creek could easily burn into the=20
adjacent drainage, resulting in a situation where both major sources of=20
city water supply are simultaneously impacted. The Forest Service and=20
City of Bozeman believe it is timely to begin addressing this project's=20
purpose. The purpose and need for this project would be achieved by:=20
(1) Partial harvesting and thinning in about 2,200 acres of mature=20
timber stands. Ground based, skyline, and helicopter harvest systems=20
would be used to implement this harvest and thinning.
    (2) Mechanical cutting and piling of younger, small diameter trees=20
on about 1,150 acres. Hand piling would be used in some places.
    (3) Prescribed burning in the thinned stands after harvest or=20
cutting.
    (4) Broadcast burning in less dense stands of timber.
    To facilitate public comment, the Forest Service prepared a scoping=20
document. This document identified one possible set of treatment=20
options and can be viewed on the Gallatin National Forest Web site at=20
<A =
href=3D"http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleavin=
gFR.html&amp;log=3Dlinklog&amp;to=3Dhttp://www.fs.fed.us/r1/gallatin">htt=
p://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&am=
p;log=3Dlinklog&amp;to=3Dhttp://www.fs.fed.us/r1/gallatin</A>. A copy =
can also be obtained by calling or=20

writing the contact person identified above.
    The Draft EIS was originally expected to be filed with the=20
Environmental Protection Agency (EPA) and available for public review=20
in June of 2006. That time period was not met and the Draft EIS is now=20
expected to be filed with the EPA in September of 2007. At that time,=20
the EPA will publish a Notice of Availability of the Draft EIS in the=20
Federal Register. The comment period on the Draft EIS is estimated to=20
be 45 days from the date the EPA's notice of availability appears in=20
the Federal Register. The Final EIS is scheduled for completion in the=20
spring of 2008.
    To assist the Forest Service in identifying and considering issues,=20
comments should be specific to concerns associated with fuel reduction=20
activities within a municipal watershed. Reviewers may wish to refer to=20
the Council on Environmental Quality Regulations for implementing the=20
procedural provisions of the National Environmental Policy Act at 40=20
CFR 1503.3 in structuring comments.
    The Forest Service believes, at this stage, it is important to give=20
reviewers notice of several court rulings related to public=20
participation in the environmental review process. First, reviewers of=20
draft environmental impact statements must structure their=20
participation in the environmental review of the proposal so that it is=20
meaningful and alerts an agency to the reviewer's position and=20
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,=20
553 (1978). Also, environmental objections that could be raised at the=20
draft environmental impact statement stage but that are not raised=20
until after completion of the final environmental impact statement may=20
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d=20
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490=20
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,=20
it is very important that those interested in this proposed action=20
participate during comment periods provided so that substantive=20
comments and objections are made available to the Forest Service at a=20
time when they can meaningfully consider them. To assist the Forest=20
Service in identifying and considering issues, comments should be=20
specific to concerns associated with the management of roads and trails=20
on the Gallatin National Forest. Reviewers may wish to refer to the=20
Council on Environmental Quality Regulations for implementing the=20
procedural provisions of the National Environmental Policy Act at 40=20
CFR 1503.3 in structuring comments.

[[Page 45218]]

    I am the responsible official for this Environmental Impact=20
Statement and the ultimate decision for a Bozeman Watershed Project. My=20
address is Forest Supervisor, Gallatin National Forest, P.O. Box 130,=20
Federal Building, Bozeman, MT 59771.

    Dated: August 3, 2007.
John Allen,
Deputy Forest Supervisor.
[FR Doc. 07-3922 Filed 8-10-07; 8:45 am]

BILLING CODE 3410-11-M
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