Dakota Prairie Grasslands; North Dakota and South Dakota; Dakota Prairie Grasslands Noxious Weed Management Strategy EIS, 34442-34444 [05-11683]
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34442
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices
Lead and Cooperating Agencies
USDA Forest Service, Carson National
Forest will serve as the lead agency for
this analysis.
Responsible Official
The Forest Supervisor for the Carson
National Forest of the Southwestern
Region of the USDA Forest Service is
the Responsible Official.
Nature of Decision To Be Made
Forest Plans define the direction for
managing the National Forests. This
amendment will provide the
management direction for the Valle
Vidal and provide the foundation for
future activities. The amendment
defines the overall management vision
of the Valle Vidal and identifies specific
standards and guidelines that will help
move management of the Valle Vidal
towards this vision. The decision made
through this amendment would serve as
Forest Plan direction until the Forest
Plan is further amended or revised.
Other analyses may be completed in
the future to determine the appropriate
level of activities to occur by a specific
program. The Leasing Analysis required
to determine whether to make certain
lands available to development of
natural gas resources is an example of
possible future analyses. Future
decisions would have to be consistent
with the management direction
provided through this current analysis
or would have to amend this direction.
Comment Requested
The Forest Service would like to
know of any issues, concerns, and/or
suggestions the public, Native American
tribes, or other government agencies
have about the proposal. Comments
should be as fully formed as possible to
assist in the analysis. If you have any
questions, or if something is unclear,
contact David Seesholtz at 505–758–
6210 before submitting your comments.
Although comments are welcome at
any time, they will be most effective if
received by September 15, 2005. Send
comment to: Carson National Forest,
ATTN: Valle Vidal Plan Amendment,
208 Cruz Alta Road, Taos, NM 87571.
Alternately, e-mail your commentsto
comments-southwesterncarson@fs.fed.us. ‘‘Valle Vidal Forest
Plan Amendment’’ must be in the
subject line of the e-mail.
Reviewer’s Obligation: Comments
received in response to this solicitation,
including names and addresses of those
who comment, will be considered part
of the public record on this proposed
action and will be available for public
inspection. Comments submitted
anonymously will be accepted and
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Jkt 205001
considered; however, those who submit
anonymous comments will not have
standing to appeal the subsequent
decision under 36 CFR parts 215 or 217.
Additionally, pursuant to 7 CFR 1.27
(d), any person may request the agency
to withhold a submission from the
public record by showing how the
Freedom of Information Act (FOIA)
permits such confidentiality. Persons
requesting such confidentiality should
be aware that, under FOIA,
confidentiality may be granted in only
very limited circumstances, such as to
protect trade secrets. The Forest Service
will inform the requester of the agency’s
decision regarding the request for
confidentiality, and where the request is
denied, the agency will return the
submission and notify the requester that
the comments may be resubmitted with
or without name and address within
seven days.
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 the 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
stage but that are not raised nolil 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., 490
F. Supp. 1334, 1338 (E.D. Wise. 1980).
Because of these court rulings, it is very
important that those interested in this
proposed action participate by the close
of the comment period so that
substantive comments and objections
are made available to the Forest Service
at the time when it can meaningfully
consider them and respond to them in
the final environmental impact
statement. PAuthorization: National
Environmental Policy Act of 1969 as
amended (42 U.S.C. 4321–346); Council
on Environmental Quality Regulations
(40 CFR parts 1500–1508); U.S.
Department of Agriculture NEPA
Policies and Procedures (7 CFR part 1b).
Dated: June 8, 2005.
Martin D. Chavez Jr.,
Forest Supervisor, Carson National Forest.
[FR Doc. 05–11702 Filed 6–13–05; 8:45 am]
BILLING CODE 3410–11–M
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DEPARTMENT OF AGRICULTURE
Forest Service
Dakota Prairie Grasslands; North
Dakota and South Dakota; Dakota
Prairie Grasslands Noxious Weed
Management Strategy EIS
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
ACTION:
SUMMARY: The Dakota Prairie Grasslands
(DPG) proposes to use an integrated
approach to treat and control noxious
weeds on approximately 35,000 acres of
existing infestation sites, and 8,000
acres of new or previously unknown
acres in a manner consistent with
Dakota Prairie Grasslands Land and
Resource Management Plan direction
and applicable laws. The Environmental
Impact Statement (EIS) will analyze the
methods to be used in an integrated
approach, and disclose the
environmental effects of the proposal
and alternatives.
DATES: Comments concerning the scope
of the analysis must be received within
30 days of publication of this notice in
the Federal Register. The draft EIS is
expected by September 2005 and the
final EIS is expected by February 2006.
ADDRESSES: Send written comments to
Sheila McNee, Noxious Weed EIS,
Dakota Prairie Grasslands, 240 W.
Century Ave., Bismarck, ND 58503 or email your comments to commentsnorthern-dakota-prairie@fs.fed.us.
FOR FURTHER INFORMATION CONTACT:
Sheila McNee, Project Leader, Dakota
Prairie Grasslands, USDA Forest Service
at the above address or call (701) 250–
4443.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
An aggressive and effective weed
control program is dictated by U.S.
Forest Service policies (FSM 2080), the
DPG Land and Resource Management
Plan (Grasslands Plan), other Forest
Service objectives, and by the February
3, 1999 Executive Order 13112 ‘‘to
prevent the introduction of invasive
species and provide for their control
and to minimize the economic,
ecological and human health impacts
that invasive species cause.’’ The DPG
has been treating noxious weeds on
each Ranger District under previous
NEPA decisions including the 1986
Custer National Forest Noxious Weed
Environmental Impact Statement;
however, an updated noxious weed
control analysis is needed to address
newly listed noxious weeds species, to
identify additional acres of noxious
E:\FR\FM\14JNN1.SGM
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Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices
weed infestations, to ensure we are
complying with the revised Grasslands
Plan, and to incorporate the use of new,
more effective herbicides, technologies,
and biological controls as appropriate.
Proposed Action
The Dakota Prairie Grasslands
consists of four National Grasslands and
two experimental forests. The Forest
Service proposes to treat noxious weeds
using an integrated approach on
approximately 14,500 acres of existing
infestation sites distributed across the
Little Missouri, Cedar River and Grand
River National Grasslands and the
Denbigh and Souris Experimental
Forests. This proposal also allows up to
15 percent or about 2,000 additional
acres of new or previously unknown
infestations to be treated as they are
discovered. On the Sheyenne National
Grassland, all 20,500 acres of existing
infestation sites are proposed for
treatment. The proposal would allow
treatment up to 30 percent more or
6,000 acres of new or previously
unknown infestations on the Sheyenne
Ranger District. Some acres may need
annual treatments while others may
only need to be treated once.
An integrated management approach
would be used to control noxious
weeds. This approach may combine
methods where it is deemed appropriate
and effective. Proposed methods
include the following: (1) Mechanical
methods, such as hand pulling, mowing,
or burning. (2) Revegetation, where
competitive native vegetation is seeded
to reduce noxious species, possibly after
other treatments to remove the noxious
weeds. (3) Grazing with livestock such
as goats or sheep. (4) Biological control
through the use of predators, parasites,
and pathogens. (5) Herbicide control
using ground-based and aerial based
application methods.
Possible Alternatives
A No Action alternative will be
analyzed. No treatments would occur,
except for those biological controls
already in place on the ground.
Using public and internal input, the
Forest Service team will identify
additional action alternatives to the
proposed action, and determine which
ones need to be fully analyzed.
Responsible Official
David M. Pieper, Grasslands
Supervisor, is the responsible official.
See address under the ADDRESSES
section above.
Nature of Decision To Be Made
The Responsible Official will decide
what level of weed control to
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20:14 Jun 13, 2005
Jkt 205001
implement, where and what kind of
weed controls will be used, what
mitigation measures will be required,
what monitoring will be required to
ensure that project objectives are being
met and what, if any, Grassland Plan
amendments are required.
Scoping Process
The Forest Service mailed scoping
packages on the proposed action to
approximately 177 potentially
interested or affected individuals,
organizations, local and state
governments, and local, State and
Federal agencies on March 31, 2004,
with a request for responses by April 30,
2004. Eleven comments were received.
In the cover letter, it was stated that the
Forest Service may prepare either an
environmental assessment or an
environmental impact statement, but
that if aerial spraying was considered,
and/or scoping results or further
analysis indicated that the project might
have significant environmental impacts,
an environmental impact statement
would be prepared.
With the inclusion of aerial spraying,
the Forest Service has decided to
prepare an environmental impact
statement. This notice of intent invites
additional public comment on the
proposal and initiates the preparation of
the environmental impact statement.
Due to the scoping effort already
conducted, no further scoping meetings
or mailings are planned. The public is
encouraged to take part in the process
and to visit with Forest Service officials
any time during the analysis and prior
to the decision. While public
participation in this analysis is welcome
at any time, comments received within
30 days of the publication of this notice
will be especially useful in the
preparation of the draft environmental
impact statement. Two minor changes
have been made since the original
scoping. The total number of acres
proposed to be treated has increased
2,000 acres and the no action alternative
is now no treatment instead of
continuing the existing management.
Preliminary Issues
The following are the preliminary
issues identified for this project:
(1) Treatments may have adverse
effects on the prairie fringed orchid, a
federally threatened plant species that
occurs on the Sheyenne National
Grassland.
(2) Treatments may have adverse
effects to soil and water quality.
(3) Treatments may have adverse
effects on sensitive butterfly species or
their habitats.
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34443
(4) Treatments may have adverse
effects on fish species or their habitats.
(5) Aerial application of herbicides
may have adverse effects on non-target
species.
(6) The use of herbicides for invasive
weed control may cause acute (short
term) or chronic (long term) health
problems for people who come into
contact with the herbicides and/or
treated areas.
Comment Requested
This notice of intent initiates the
scoping process, which guides the
development of the environmental
impact statement.
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
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 45day 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
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34444
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices
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: May 31, 2005.
Thomas J. Turck,
Planning Staff Officer.
[FR Doc. 05–11683 Filed 6–13–05; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
Glenn/Colusa County Resource
Advisory Committee
Forest Service, USDA.
ACTION: Notice of meeting.
AGENCY:
The Glenn/Colusa County
Resource Advisory Committee (RAC)
will meet in Willows, California.
Agenda items to be covered include: (1)
Introductions, (2) Approval of Minutes,
(3) Public Comment, (4) Project
Proposal/Possible Action, (5) Web site
Update, (6) General Discussion, (7) Next
Agenda.
DATES: The meeting will be held on June
27, 2005, from 1:30 p.m. and end at
approximately 4:30 p.m.
ADDRESSES: The meeting will be held at
the Mendocino National Forest
Supervisor’s Office, 825 N. Humboldt
Ave., Willows, CA 95988. Individuals
wishing to speak or propose agenda
items must send their names and
proposals to Jim Giachino, DFO, 825 N.
Humboldt Ave., Willows, CA 95988.
FOR FURTHER INFORMATION CONTACT:
Bobbin Gaddini, Committee
Coordinator, USDA, Mendocino
National Forest, Grindstone Ranger
District, P.O. Box 164, Elk Creek, CA
95939. (530) 968–1815; e-mail
ggaddini@fs.fed.us.
SUPPLEMENTARY INFORMATION: The
meeting is open to the public.
Committee discussion is limited to
Forest Service staff and Committee
members. However, persons who wish
to bring matters to the attention of the
Committee may file written statements
with the Committee staff before or after
SUMMARY:
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20:14 Jun 13, 2005
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the meeting. Public input sessions will
be provided and individuals who made
written requests by June 24, 2005 will
have the opportunity to address the
committee at those sessions.
Dated: June 7, 2005.
James F. Giachino,
Designated Federal Official.
[FR Doc. 05–11677 Filed 6–13–05; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Lincoln County Resource
Advisory Committee Meeting
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
SUMMARY: Pursuant to the authorities in
the Federal Advisory Committee Act
(Pub. L. 92–463) and under the Secure
Rural Schools and Community SelfDetermination Act of 2000 (Pub. L. 106–
393) the Kootenai National Forest’s
Lincoln County Resource Advisory
Committee will meet on Wednesday
June 29, 2005 at 6 p.m. at the
Supervisor’s Office in Libby, Montana
for a business meeting. The meeting is
open to the public.
DATES: June 29, 2005.
ADDRESSES: Kootenai National Forest,
Supervisor’s Office, 1101 U.S. Hwy 2
West, Libby, Montana.
FOR FURTHER INFORMATION CONTACT:
Barbara Edgmon, Committee
Coordinator, Kootenai National Forest at
(406) 293–6211, or e-mail
bedgmon@fs.fed.us.
SUPPLEMENTARY INFORMATION: Agenda
topics include acceptance of project
proposals until July 1, for funding in
fiscal year 2006, review of submitted
proposals, and receiving public
comment. If the meeting date or location
is changed, notice will be posted in the
local newspapers, including the Daily
Interlake based in Kalispell, Montana.
Dated: June 6, 2005.
Mark Romey,
Acting Forest Supervisor.
[FR Doc. 05–11698 Filed 6–13–05; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Southwest Idaho Resource
Advisory Committee Meeting
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
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SUMMARY: Pursuant to the authorities in
the Federal Advisory Committee Act
(Pub. L. 92–463) and under the Secure
Rural Schools and Community SelfDetermination Act of 2000 (Pub. L. 106–
393), the Boise and Payette National
Forests’ Southwest Idaho Resource
Advisory Committee will conduct a
business meeting, which is open to the
public.
DATES: Thursday, June 16, 2005,
beginning at 10:30 a.m.
ADDRESSES: Idaho Counties Risk
Management Program Building, 3100
South Vista Avenue, Boise, Idaho.
SUPPLEMENTARY INFORMATION: Agenda
topics will include review and approval
of project proposals, and is an open
public forum.
FOR FURTHER INFORMATION CONTACT:
Doug Gochnour, Designated Federal
Officer, at 208–392–6681 or e-mail
dgochnour@fs.fed.us.
Dated: June 8, 2005.
Richard A. Smith,
Forest Supervisor, Boise National Forest.
[FR Doc. 05–11700 Filed 6–13–05; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
Rehabilitation of Floodwater Retarding
Structure No. 18A of the Little Elm and
Laterals Watershed of the Trinity River
Watershed, Collin County, TX
Natural Resources
Conservation Service, Agriculture.
ACTION: Notice of a Finding of No
Significant Impact.
AGENCY:
SUMMARY: Pursuant to Section 102(2)(c)
of the National Environmental Policy
Act of 1969; the Council on
Environmental Quality Regulations (40
CFR part 1500); and the Natural
Resources Conservation Service
Regulations (7 CFR part 650); the
Natural Resources Conservation Service,
U.S. Department of Agriculture, gives
notice that an environmental impact
statement is not being prepared for the
rehabilitation of Floodwater Retarding
Structure (FRS) No. 18A of the Little
Elm and Laterals Watershed of the
Trinity River Watershed, Collin County,
Texas.
FOR FURTHER INFORMATION CONTACT:
Larry D. Butler, Ph.D, State
Conservationist, Natural Resources
Conservation Service, 101 South Main,
Temple, Texas 76501–7682, Telephone
(254) 742–9800.
E:\FR\FM\14JNN1.SGM
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Agencies
[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Notices]
[Pages 34442-34444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11683]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Dakota Prairie Grasslands; North Dakota and South Dakota; Dakota
Prairie Grasslands Noxious Weed Management Strategy EIS
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The Dakota Prairie Grasslands (DPG) proposes to use an
integrated approach to treat and control noxious weeds on approximately
35,000 acres of existing infestation sites, and 8,000 acres of new or
previously unknown acres in a manner consistent with Dakota Prairie
Grasslands Land and Resource Management Plan direction and applicable
laws. The Environmental Impact Statement (EIS) will analyze the methods
to be used in an integrated approach, and disclose the environmental
effects of the proposal and alternatives.
DATES: Comments concerning the scope of the analysis must be received
within 30 days of publication of this notice in the Federal Register.
The draft EIS is expected by September 2005 and the final EIS is
expected by February 2006.
ADDRESSES: Send written comments to Sheila McNee, Noxious Weed EIS,
Dakota Prairie Grasslands, 240 W. Century Ave., Bismarck, ND 58503 or
e-mail your comments to comments-northern-dakota-prairie@fs.fed.us.
FOR FURTHER INFORMATION CONTACT: Sheila McNee, Project Leader, Dakota
Prairie Grasslands, USDA Forest Service at the above address or call
(701) 250-4443.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
An aggressive and effective weed control program is dictated by
U.S. Forest Service policies (FSM 2080), the DPG Land and Resource
Management Plan (Grasslands Plan), other Forest Service objectives, and
by the February 3, 1999 Executive Order 13112 ``to prevent the
introduction of invasive species and provide for their control and to
minimize the economic, ecological and human health impacts that
invasive species cause.'' The DPG has been treating noxious weeds on
each Ranger District under previous NEPA decisions including the 1986
Custer National Forest Noxious Weed Environmental Impact Statement;
however, an updated noxious weed control analysis is needed to address
newly listed noxious weeds species, to identify additional acres of
noxious
[[Page 34443]]
weed infestations, to ensure we are complying with the revised
Grasslands Plan, and to incorporate the use of new, more effective
herbicides, technologies, and biological controls as appropriate.
Proposed Action
The Dakota Prairie Grasslands consists of four National Grasslands
and two experimental forests. The Forest Service proposes to treat
noxious weeds using an integrated approach on approximately 14,500
acres of existing infestation sites distributed across the Little
Missouri, Cedar River and Grand River National Grasslands and the
Denbigh and Souris Experimental Forests. This proposal also allows up
to 15 percent or about 2,000 additional acres of new or previously
unknown infestations to be treated as they are discovered. On the
Sheyenne National Grassland, all 20,500 acres of existing infestation
sites are proposed for treatment. The proposal would allow treatment up
to 30 percent more or 6,000 acres of new or previously unknown
infestations on the Sheyenne Ranger District. Some acres may need
annual treatments while others may only need to be treated once.
An integrated management approach would be used to control noxious
weeds. This approach may combine methods where it is deemed appropriate
and effective. Proposed methods include the following: (1) Mechanical
methods, such as hand pulling, mowing, or burning. (2) Revegetation,
where competitive native vegetation is seeded to reduce noxious
species, possibly after other treatments to remove the noxious weeds.
(3) Grazing with livestock such as goats or sheep. (4) Biological
control through the use of predators, parasites, and pathogens. (5)
Herbicide control using ground-based and aerial based application
methods.
Possible Alternatives
A No Action alternative will be analyzed. No treatments would
occur, except for those biological controls already in place on the
ground.
Using public and internal input, the Forest Service team will
identify additional action alternatives to the proposed action, and
determine which ones need to be fully analyzed.
Responsible Official
David M. Pieper, Grasslands Supervisor, is the responsible
official. See address under the ADDRESSES section above.
Nature of Decision To Be Made
The Responsible Official will decide what level of weed control to
implement, where and what kind of weed controls will be used, what
mitigation measures will be required, what monitoring will be required
to ensure that project objectives are being met and what, if any,
Grassland Plan amendments are required.
Scoping Process
The Forest Service mailed scoping packages on the proposed action
to approximately 177 potentially interested or affected individuals,
organizations, local and state governments, and local, State and
Federal agencies on March 31, 2004, with a request for responses by
April 30, 2004. Eleven comments were received. In the cover letter, it
was stated that the Forest Service may prepare either an environmental
assessment or an environmental impact statement, but that if aerial
spraying was considered, and/or scoping results or further analysis
indicated that the project might have significant environmental
impacts, an environmental impact statement would be prepared.
With the inclusion of aerial spraying, the Forest Service has
decided to prepare an environmental impact statement. This notice of
intent invites additional public comment on the proposal and initiates
the preparation of the environmental impact statement. Due to the
scoping effort already conducted, no further scoping meetings or
mailings are planned. The public is encouraged to take part in the
process and to visit with Forest Service officials any time during the
analysis and prior to the decision. While public participation in this
analysis is welcome at any time, comments received within 30 days of
the publication of this notice will be especially useful in the
preparation of the draft environmental impact statement. Two minor
changes have been made since the original scoping. The total number of
acres proposed to be treated has increased 2,000 acres and the no
action alternative is now no treatment instead of continuing the
existing management.
Preliminary Issues
The following are the preliminary issues identified for this
project:
(1) Treatments may have adverse effects on the prairie fringed
orchid, a federally threatened plant species that occurs on the
Sheyenne National Grassland.
(2) Treatments may have adverse effects to soil and water quality.
(3) Treatments may have adverse effects on sensitive butterfly
species or their habitats.
(4) Treatments may have adverse effects on fish species or their
habitats.
(5) Aerial application of herbicides may have adverse effects on
non-target species.
(6) The use of herbicides for invasive weed control may cause acute
(short term) or chronic (long term) health problems for people who come
into contact with the herbicides and/or treated areas.
Comment Requested
This notice of intent initiates the scoping process, which guides
the development of the environmental impact statement.
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 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
[[Page 34444]]
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: May 31, 2005.
Thomas J. Turck,
Planning Staff Officer.
[FR Doc. 05-11683 Filed 6-13-05; 8:45 am]
BILLING CODE 3410-11-M