Mission Brush, Idado Panhandle National Forests, Boundary County, ID, 20855-20856 [05-7671]
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20855
Notices
Federal Register
Vol. 70, No. 77
Friday, April 22, 2005
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
Notice of Intent To Seek Approval To
Collect Information; Correction
USDA, Agricultural Research
Service, National Agricultural Library.
AGENCY:
Notice and request for
comments; correction.
ACTION:
SUMMARY: This document corrects the
National Agricultural Library’s Notice of
Intent to Seek Approval to Collect
Information. The notice was published
in the Federal Register of March 28,
2005. This correction provides the
correct e-mail address for submitting
comments to the National Library.
Correction
In the Federal Register of March 28,
2005, in FR Doc. 05–6026, on page
15613, in the third column, correct the
ADDRESSES section to read as follows:
Address all comments
concerning this notice to Mary Ann
Leonard, Special Projects Coordinator,
Information Research Services Branch,
National Agricultural Library, 10301
Baltimore Avenue, Beltsville, MD
20705–2351, telephone (301) 504–6500
or fax (301) 504–6409. Submit electronic
comments to mleonard@nal.usda.gov.
ADDRESSES:
Dated: April 11, 2005.
Antoinette A. Betschart,
Associate Administrator for Agricultural
Research Service.
[FR Doc. 05–8031 Filed 4–21–05; 8:45 am]
BILLING CODE 3410–03–P
DEPARTMENT OF AGRICULTURE
Forest Service
Mission Brush, Idado Panhandle
National Forests, Boundary County, ID
AGENCY:
Forest Service, USDA.
VerDate jul<14>2003
15:27 Apr 21, 2005
Jkt 205001
Notice of intent to prepare a
Supplemental Environmental Impact
Statement.
ACTION:
SUMMARY: The USDA Forest Service will
prepare a Supplemental Environmental
Impact Statement (SEIS) for the Mission
Brush project. The Notice of Availability
of the Draft EIS for the Mission Brush
project was published in the Federal
Register (68 FR 53730) on September
12, 2003 and the notice of the Final EIS
(69 FR 31613) was published on June 4,
2004. The Record of Decision on this
project was administratively appealed to
the Regional Forester per 36 CFR part
215. The Regional Forester affirmed my
decision on August 30, 2004. However,
due to information that has been
identified since the availability of the
final EIS and ROD, I have determined
the need for a supplement. The
proposed action is unchanged from the
final EIS. A Supplemental EIS is being
prepared to address analysis issues
raised through the recent opinion issued
through the U.S. Court of Appeals for
the Ninth Circuit in Lands Council v.
Powell, 395 F.3d 1015–1046 (9th Cir.
2005).
DATES: Scoping is not required for
supplements to environmental impact
statements (40 CFR 1502.9(c)(4)). There
was extensive public involvement in the
development of the proposed action, the
2003 Draft EIS and the 2004 Final EIS
and the Forest Service is not inviting
comments at this time.
ADDRESSES: Bonners Ferry Ranger
District, 6286 Main Street, Bonners
Ferry, ID 83805.
FOR FURTHER INFORMATION CONTACT:
Doug Nishek, Project Team Leader,
USDA Forest Service, Bonners Ferry
Ranger District at 208–267–5561.
SUPPLEMENTARY INFORMATION: The
Mission Brush Record of Decision
(ROD) was released at the same time as
the Final EIS and the legal notice of
decision was published in the
newspaper of record on June 1, 2004.
The ROD selected Alternative 2 and
authorized vegetation treatments on a
total of approximately 4036 acres
through a combination of even-aged and
uneven-aged regeneration cuts, partial
cuts and tree girdling; fuels treatments
on approximately 3900 acres, ecosystem
prescribed burning on approximately
238 acres, five miles of temporary road
construction to be decommissioned after
use, 13 miles of existing roads to be
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decommissioned, 39 miles of existing
roads to be improved, and five miles of
existing roads to be placed in storage,
and improvement of facilities at Brush
Lake Campground.
The Record of Decision was appealed.
Following administrative review, the
decision was affirmed and the
appellant’s requested relief denied by
the Appeal Deciding Officer for the
Northern Region of the USDA Forest
Service on August 30, 2004 with the
following requirement:
I fine the Forest Supervisor has made a
reasoned decision and has complied with all
laws, regulations, and policy. After careful
consideration of the above factors, I affirm
the Forest Supervisor’s decision to
implement the Mission Brush project. Your
requested relief is denied. However, because
of the recent 9th Circuit Opinion in Lands
Council vs. Powell (Lands Council v. Powell,
395 F.3d 1015–1046 (9th Cir. 2005)), I am
directing the Forest to delay implementation
of this project until further notice.
The Supplemental EIS will contain
information relating to prior and
reasonably foreseeable timber harvests
in the project’s cumulative effects area,
water quality and fisheries analysis, soil
conditions, stands of old growth trees,
and wildlife analysis methodologies. No
modifications to the activities
authorized by the June 2004 Record of
Decision are proposed under this
Supplemental EIS (SEIS). The SEIS is
intended to provide additional
evaluation of the natural resources
listed above and provide that
information to the public.
The purpose and need for the Mission
Brush project includes considerations
for vegetation, aquatic ecosystems,
wildlife, and recreation. The vegetation
goal is to trend the composition,
structure, and diversity of landscape
patterns toward desired future
conditions by providing tree species and
stocking levels similar to historic
conditions that resist insects, diseases,
and stand-replacing wildfire(s), and
improve landscape patterns by creating
openings that more closely resemble
those that occurred historically. For the
aquatic ecosystem the goal is to
maintain and improve watershed and
fisheries in the Mission Creek and Brush
Creek drainages. Wildlife goals are to
promote the long-term persistence and
stability of wildlife habitat and
biodiversity by trending toward
vegetation that more closely resembles
the historic range of variability and
E:\FR\FM\22APN1.SGM
22APN1
20856
Federal Register / Vol. 70, No. 77 / Friday, April 22, 2005 / Notices
improve the diversity of forest
structures in to provide wildlife, fish,
and plant habitat diversity. For
recreation the goal is to provide
recreation facilities that are safe, meet
universal accessibility requirements,
and meet future needs while retaining
the rustic nature of the area and
improving the quality of the recreation
site around Brush Lake.
I am the Responsible Official for this
environmental analysis. My address is
Idaho Panhandle National Forests, 3815
Schreiber Way, Coeur d’Alene, ID
83814. The Record of Decision for the
Mission Brush project will identify the
land management activities to be
implemented in the project area
including acres and types of vegetative
treatments, fuels treatments,
construction of temporary roads,
decomissioning of temporary roads and
existing roads, access management, and
improvements at Brush Lake
Campground.
A Draft SEIS is expected to be
available for public review and
comment in April 2005; and a final
environmental impact statement in June
2005. The mailing list for this project
will include those individuals, agencies
and organizations on the mailing list for
the 2003 Draft EIS.
The comment period for the Draft
SEIS will be 45 days from the date the
EPA publishes the notice of availability
in the Federal Register. In accordance
with 36 CFR 215.5, as published in the
Federal Register, Volume 68 no. 107,
June 4, 2003, the Supplemental Draft
EIS comment period will be the
designated time in which ‘‘substantive’’
comments will be considered. In
addition, the public is encouraged to
contact or visit with Forest Service
officials during the analysis and prior to
the decision. The Forest Service will
continue to seek information,
comments, and assistance from Federal,
Tribal, State, and local agencies and
other individuals or organizations that
may be interested in or affected by the
proposed actions.
The Forest Service believes, at this
early stage, it is important to give
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
statement stage but that are not raised
VerDate jul<14>2003
15:27 Apr 21, 2005
Jkt 205001
until after completion of the final
environmental 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
related to 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.
The United States Department of
Agriculture (USDA) prohibits
discrimination in its programs on the
basis of race, color, national origin, sex,
religion, age, disability, political beliefs,
and marital or familial status. (Not all
prohibited bases apply to all programs.)
Persons with disabilities who require
alternative means of communication of
program information (braille, large
print, audiotape, etc.) should contact
USDA’s TARGET Center at (202) 720–
2600 (voice and TDD). To file a
complaint, write the Secretary of
Agriculture, U.S. Department of
Agriculture, Washington, DC 20250, or
call 800–245–6340 (voice) or 202–720–
1127 (TDD). USDA is an equal
employment opportunity employer.
The Idaho Panhandle National Forests
Supervisor will make a decision on this
project after considering comments and
responses, environmental consequences
discussed in the Supplemental Final
EIS, and applicable laws, regulations
and policies. The decision and
supporting reasons will be documented
in a Record of Decision.
Dated: April 11, 2005.
Ranotta K. McNair,
Forest Supervisor, Idaho Panhandle National
Forests.
[FR Doc. 05–7671 Filed 4–21–05; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Forest Service
Monongahela National Forest, West
Virginia, Allegheny Wood Products
Easement EIS
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
ACTION:
SUMMARY: The USDA Forest Service,
Monongahela National Forest intends to
prepare an Environmental Impact
Statement (EIS) to disclose the
environmental consequences of
authorizing an easement on National
Forest System lands. In the EIS, the
USDA Forest Service will address the
potential environmental impacts of
authorizing the use of an existing
abandoned railroad grade to provide
reasonable access to a landowner to
private lands in the Blackwater Canyon
area of Tucker County, West Virginia.
See the SUPPLEMENTARY INFORMATION
section for the Purpose and Need for
this action.
DATES: Comments concerning the scope
of the analysis must be received by May
31, 2005. The draft environmental
impact statement is expected August,
2005, and the final environmental
impact statement is expected November
2005.
ADDRESSES: Send written comments to
Bill Shields, NEPA Coordinator,
Monongahela National Forest, 200
Sycamore Street, Elkins, West Virginia
26241. Send electronic comments to
comments-easternmonongahela@fs.fed.us. See
SUPPLEMENTARY INFORMATION section for
information on how to send electronic
comments.
FOR FURTHER INFORMATION CONTACT: Bill
Shields, Forest NEPA Coordinator,
Monongahela National Forest, USDA
Forest Service; telephone: 304–636–
1800 extension 287. See address above
under ADDRESSES. Copies of the
documents may be requested at the
same address. Another means of
obtaining information is to visit the
Forest Web page at http//www.fs.fed.us/
r9/monongahela—click on ‘‘Forest
Planning’’ then scroll down to Proposed
Actions, the AWP Easement EIS.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The Alaska National Interest Lands
Conservation Act (ANILCA) states that
the Secretary of Agriculture ‘‘shall
provide such access to non-federally
owned land within the boundaries of
the National Forest System as the
Secretary deems adequate to secure to
E:\FR\FM\22APN1.SGM
22APN1
]]>Agencies
[Federal Register Volume 70, Number 77 (Friday, April 22, 2005)]
[Notices]
[Pages 20855-20856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7671]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Mission Brush, Idado Panhandle National Forests, Boundary County,
ID
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare a Supplemental Environmental Impact
Statement.
-----------------------------------------------------------------------
SUMMARY: The USDA Forest Service will prepare a Supplemental
Environmental Impact Statement (SEIS) for the Mission Brush project.
The Notice of Availability of the Draft EIS for the Mission Brush
project was published in the Federal Register (68 FR 53730) on
September 12, 2003 and the notice of the Final EIS (69 FR 31613) was
published on June 4, 2004. The Record of Decision on this project was
administratively appealed to the Regional Forester per 36 CFR part 215.
The Regional Forester affirmed my decision on August 30, 2004. However,
due to information that has been identified since the availability of
the final EIS and ROD, I have determined the need for a supplement. The
proposed action is unchanged from the final EIS. A Supplemental EIS is
being prepared to address analysis issues raised through the recent
opinion issued through the U.S. Court of Appeals for the Ninth Circuit
in Lands Council v. Powell, 395 F.3d 1015-1046 (9th Cir. 2005).
DATES: Scoping is not required for supplements to environmental impact
statements (40 CFR 1502.9(c)(4)). There was extensive public
involvement in the development of the proposed action, the 2003 Draft
EIS and the 2004 Final EIS and the Forest Service is not inviting
comments at this time.
ADDRESSES: Bonners Ferry Ranger District, 6286 Main Street, Bonners
Ferry, ID 83805.
FOR FURTHER INFORMATION CONTACT: Doug Nishek, Project Team Leader, USDA
Forest Service, Bonners Ferry Ranger District at 208-267-5561.
SUPPLEMENTARY INFORMATION: The Mission Brush Record of Decision (ROD)
was released at the same time as the Final EIS and the legal notice of
decision was published in the newspaper of record on June 1, 2004. The
ROD selected Alternative 2 and authorized vegetation treatments on a
total of approximately 4036 acres through a combination of even-aged
and uneven-aged regeneration cuts, partial cuts and tree girdling;
fuels treatments on approximately 3900 acres, ecosystem prescribed
burning on approximately 238 acres, five miles of temporary road
construction to be decommissioned after use, 13 miles of existing roads
to be decommissioned, 39 miles of existing roads to be improved, and
five miles of existing roads to be placed in storage, and improvement
of facilities at Brush Lake Campground.
The Record of Decision was appealed. Following administrative
review, the decision was affirmed and the appellant's requested relief
denied by the Appeal Deciding Officer for the Northern Region of the
USDA Forest Service on August 30, 2004 with the following requirement:
I fine the Forest Supervisor has made a reasoned decision and
has complied with all laws, regulations, and policy. After careful
consideration of the above factors, I affirm the Forest Supervisor's
decision to implement the Mission Brush project. Your requested
relief is denied. However, because of the recent 9th Circuit Opinion
in Lands Council vs. Powell (Lands Council v. Powell, 395 F.3d 1015-
1046 (9th Cir. 2005)), I am directing the Forest to delay
implementation of this project until further notice.
The Supplemental EIS will contain information relating to prior and
reasonably foreseeable timber harvests in the project's cumulative
effects area, water quality and fisheries analysis, soil conditions,
stands of old growth trees, and wildlife analysis methodologies. No
modifications to the activities authorized by the June 2004 Record of
Decision are proposed under this Supplemental EIS (SEIS). The SEIS is
intended to provide additional evaluation of the natural resources
listed above and provide that information to the public.
The purpose and need for the Mission Brush project includes
considerations for vegetation, aquatic ecosystems, wildlife, and
recreation. The vegetation goal is to trend the composition, structure,
and diversity of landscape patterns toward desired future conditions by
providing tree species and stocking levels similar to historic
conditions that resist insects, diseases, and stand-replacing
wildfire(s), and improve landscape patterns by creating openings that
more closely resemble those that occurred historically. For the aquatic
ecosystem the goal is to maintain and improve watershed and fisheries
in the Mission Creek and Brush Creek drainages. Wildlife goals are to
promote the long-term persistence and stability of wildlife habitat and
biodiversity by trending toward vegetation that more closely resembles
the historic range of variability and
[[Page 20856]]
improve the diversity of forest structures in to provide wildlife,
fish, and plant habitat diversity. For recreation the goal is to
provide recreation facilities that are safe, meet universal
accessibility requirements, and meet future needs while retaining the
rustic nature of the area and improving the quality of the recreation
site around Brush Lake.
I am the Responsible Official for this environmental analysis. My
address is Idaho Panhandle National Forests, 3815 Schreiber Way, Coeur
d'Alene, ID 83814. The Record of Decision for the Mission Brush project
will identify the land management activities to be implemented in the
project area including acres and types of vegetative treatments, fuels
treatments, construction of temporary roads, decomissioning of
temporary roads and existing roads, access management, and improvements
at Brush Lake Campground.
A Draft SEIS is expected to be available for public review and
comment in April 2005; and a final environmental impact statement in
June 2005. The mailing list for this project will include those
individuals, agencies and organizations on the mailing list for the
2003 Draft EIS.
The comment period for the Draft SEIS will be 45 days from the date
the EPA publishes the notice of availability in the Federal Register.
In accordance with 36 CFR 215.5, as published in the Federal Register,
Volume 68 no. 107, June 4, 2003, the Supplemental Draft EIS comment
period will be the designated time in which ``substantive'' comments
will be considered. In addition, the public is encouraged to contact or
visit with Forest Service officials during the analysis and prior to
the decision. The Forest Service will continue to seek information,
comments, and assistance from Federal, Tribal, State, and local
agencies and other individuals or organizations that may be interested
in or affected by the proposed actions.
The Forest Service believes, at this early stage, it is important
to give 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 statement stage but that are not raised until after
completion of the final environmental 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
related to 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.
The United States Department of Agriculture (USDA) prohibits
discrimination in its programs on the basis of race, color, national
origin, sex, religion, age, disability, political beliefs, and marital
or familial status. (Not all prohibited bases apply to all programs.)
Persons with disabilities who require alternative means of
communication of program information (braille, large print, audiotape,
etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and
TDD). To file a complaint, write the Secretary of Agriculture, U.S.
Department of Agriculture, Washington, DC 20250, or call 800-245-6340
(voice) or 202-720-1127 (TDD). USDA is an equal employment opportunity
employer.
The Idaho Panhandle National Forests Supervisor will make a
decision on this project after considering comments and responses,
environmental consequences discussed in the Supplemental Final EIS, and
applicable laws, regulations and policies. The decision and supporting
reasons will be documented in a Record of Decision.
Dated: April 11, 2005.
Ranotta K. McNair,
Forest Supervisor, Idaho Panhandle National Forests.
[FR Doc. 05-7671 Filed 4-21-05; 8:45 am]
BILLING CODE 3410-11-M
