Document
Second Notice of Intent To Issue Forest Order Closing Areas Near Beattie Gulch Trailhead and McConnell Fishing Access North and West of Gardiner, Montana to the Discharge of Firearms
The U.S. Department of Agriculture, Forest Service provides this Second Notice of Intent to issue an order closing the Beattie Gulch Trailhead and McConnell Fishing Access areas...
SUPPLEMENTARY INFORMATION:
I. Advance Notice and Public Comment Procedures
Section 4103 of the John D. Dingell, Jr., Conservation, Management, and Recreation Act (Pub. L. 116-9) requires that the Secretary of Agriculture, acting through the Chief of the Forest Service, provide public notice and comment before permanently or temporarily closing any National Forest System lands to hunting, fishing, or recreational shooting. Section 4103 applies to the proposed forest order closing areas near Beattie Gulch and McConnell Fishing Access north and west of Gardiner, Montana to the discharge of firearms. On June 17, 2020, the Forest Service published advanced notice in the
Federal Register
of the 60-day public comment period beginning on June 24, 2020, for this proposed forest order. The Forest Service now provides this second advance notice that it is reopening the public comment period for this proposed forest order for 60 additional days. The purpose of reopening this public comment period is to provide the correct mailing address for comments submitted by mail. The public notice and comment process in section 4103(b)(2) requires the Secretary to publish a notice of intent, in the
Federal Register
, of the proposed closure in advance of the public comment period for the closure. This notice meets the requirement to publish a notice of intent in the
Federal Register
in advance of the public comment period.
Following the notice of intent, section 4103(b)(2) requires an opportunity for public comment. Because the proposed forest order would permanently close areas near Beattie Gulch and McConnell Fishing Access, north and west of Gardiner, Montana to the discharge of firearms, the public comment period must be not less than 60 days. The solicitation for public comment will be posted on
www.fs.usda.gov/main/custergallatin
and
www.fs.usda.gov/about-agency/regulations-policies.
Section 4103(b)(2) requires the Secretary to respond to public comments received on the proposed forest order, explain how the Secretary resolved any significant issues raised by the comments, and show how the resolution led to the closure. The response to comments on the proposed order, justification for the final order, and the issuance of the final forest order will all be posted on the following website:
www.fs.usda.gov/main/custergallatin
and
www.fs.usda.gov/about-agency/regulations-policies.
II. Background and Need for Forest Order
This permanent shooting closure is needed to address potentially imminent harm to human health and safety resulting from the discharge of firearms in these small areas. Bow hunting/shooting would still be allowed. These areas total 23 acres in size collectively, Beattie Gulch is 18 acres and McConnell Fishing access totals 5 acres. The size of both areas has been limited to the minimum necessary to protect public health and safety. The Beattie Gulch area and McConnell Fishing Access permanent closures are needed to address concerns resulting from the discharge of firearms toward developed facilities including the Old Yellowstone Trail South, private property and residences, the Yellowstone River, a powerline, and Montana State Highway 89.
The proposed forest order and the justification for the forest order are available on the Forest Service's websites at
www.fs.usda.gov/main/custergallatin
and
www.fs.usda.gov/about-agency/regulations-policies.
Tina Johna Terrell,
Associate Deputy Chief, National Forest System.