Klamath National Forest, California and Oregon, Mt. Ashland LSR Habitat Restoration and Fuels Reduction Project, 58666-58668 [05-20070]

Download as PDF 58666 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices NSLP and SBP meals, and the composition of SFA revenues, including federal reimbursements, cafeteria sales and State and local cash assistance in comparison to costs. Respondents: State Child Nutrition (CN) Directors, State Commodity Distributing Agency (SDA) Directors, and State Department of Education (SEA) Finance Officers. For public school districts participating in the NSLP: SFA directors and business managers, local educational agency (LEA) finance officers, and school administrators and food service managers. Estimated Number of Respondents: One hundred twenty-two SFA directors will complete a mail questionnaire with telephone follow-up and be interviewed in-person using several different instruments. One hundred twenty-two SFA business managers and 122 LEA finance officers will be interviewed in person. One food service manager in each of three schools in each SFA (a total of 366 food service managers) will be interviewed by telephone prior to site visits. During the site visits the 366 food service managers will be interviewed inperson using several different instruments. Approximately 25 State CN directors; 25 SDA directors, and 25 SEA finance officers will be interviewed by telephone. Number of Responses per Respondent: Each instrument will be administered once to each respondent except for food service managers. Food service managers will be interviewed once by telephone prior to the site visit; in addition food service managers will be interviewed on each day of the fiveday site visit to complete menu and recipe records. Estimated Time per Response: The attached table presents the burden for each type of respondent. Estimated time per response Respondent Number of administrations Number State CN Director Interview ..................................................... State SDA Administrator .......................................................... SEA Finance Officer Interview ................................................ SFA Director: • Pre-Visit Questionnaire ................................................. • School Paid Staff Roster .............................................. • Central Staff Paid Staff Roster ..................................... • Central Staff Time Allocation Grid ................................ • Food Service Expense Statement ................................ • Off-Budget Staff Roster ................................................ • Off-Budget Time Allocation Grid ................................... Food service managers/Cooks: • School Information Summary ....................................... • Kitchen Staff Time Allocation Grid ................................ • Menu Record ................................................................ • Recipe Record .............................................................. SFA Business Manager ........................................................... School Administrator Interview ................................................ LEA Finance Officer ................................................................ 25 25 25 122 122 122 122 122 122 122 122 366 366 366 366 366 122 366 122 Total Respondent Burden ......................................... .............................. 20 20 20 500 500 500 1 1 1 1 1 1 1 30 15 10 10 30 10 10 3,660 1,830 1,220 1,220 3,660 1,220 1,220 1 1 5 5 1 1 1 10 15 15 30 60 80 60 3,660 5,490 27,450 54,900 7,320 29,280 7,320 .............................. .............................. 150,950 and reduce the risk of uncharacteristic wildfires on approximately 5013 acres. Dated: October 3, 2005. Roberto Salazar, Administrator, Food and Nutrition Service. [FR Doc. 05–20255 Filed 10–6–05; 8:45 am] DEPARTMENT OF AGRICULTURE Comments concerning the scope of the analysis must be received within 30 days of the publication of this notice in the Federal Register. The draft environmental impact statement is expected by January, 2006, and the final environmental impact statement is expected by July, 2006. Forest Service ADDRESSES: Klamath National Forest, California and Oregon, Mt. Ashland LSR Habitat Restoration and Fuels Reduction Project SUMMARY: The Forest Service will prepare an environmental impact statement on a proposal to promote the development of late-successional habitat VerDate Aug<31>2005 18:27 Oct 06, 2005 Jkt 208001 DATES: Send written comments to Margaret J. Boland, Forest Supervisor, Klamath National Forest, 1312 Fairlane Road, Yreka, California 96097. ATTN: Sue Stresser FOR FURTHER INFORMATION CONTACT: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. AGENCY: Susan Stresser, Wildlife Biologist and Interdisciplinary Team Leader, Klamath National Forest, 132 Fairlane Road, Yreka, California 96097 or call (503) 841–4538. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Total minutes 1 1 1 Estimated Total Annual Burden on Respondents: 2516 hours. BILLING CODE 3410–30–P Minutes Purpose and Need for Action The purpose of the Mt. Ashland LateSuccessional Reserve (LSR) Habitat Restoration and Fuels Reduction Project is to promote the development of habitat for species dependent on latesuccessional forests and reduce the vulnerability of these stands and existing late-successional habitat to uncharacteristic wildfire. This project is proposed under the direction of Seciton 7(a)(1) of the Endangered Species Act that directs federal agencies to carry out programs for the conservation of threatened and endangered species. Agencies are also directed to conduct habitat restoration and enhance protection from catastrophic wildfire by the Healthy Forest Restoration Act, Northwest Forest Plan as incorporated in the Klamath National Forest Land and Resource Management Plan of 1995, and the National Fire Plan. The need for actions in these watersheds results primarily from turn E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices of the century railroad logging; resulting in mid-successional stands with high stem densities, altered species composition, and low diversity that currently provide limited habitat for late-successional species. Many of these stands are unlikely to develop into functional late-successional habitat without treatment, and are at risk to uncharacteristic wildfire. An additional need is to protect the limited amount of existing late-successional habitat in these watersheds from uncharacteristic wildfire. Proposed Action The proposal is to thin midsuccessional stands to promote the development of late-successional habitat (habitat promotion areas), construct strategic fuelbreaks, and thin and reduce fuels in mid-successional stands, earlysuccessional stands, and riparian reserves to reduce the risk of uncharacteristic wildfires. • Habitat Promotion Areas: Approximately 70 acres of earlysuccessional and 2549 acres of midsuccessional forest will be treated by variable-density thinning of trees less than 20 inches diameter at breast height. Where site-specific conditions allow, thinning will promote the historic species composition. No latesuccessional forest will be thinned. • Strategic Fuelbreaks: Five defensive fuel profile zones, a type of strategic fuelbreak, will be located on prominent ridges. Encompassing approximately 1714 acres, defensive fuel profile zones will be treated to reduce ground and ladder fuels, and maintain canopy closure at 40 to 50 percent. A small number of trees greater than 20 inches diameter at breast height, primarily true fir, may be felled to achieve density objectives but will be left on site. • Riparian Reserve Treatments: Within 170 feet of streams, ground and ladder fuels will be treated by hand thinning and burning of handpiles. Between 170 and 340 feet from streams, thinning treatments similar to the Habitat Promotion Areas may occur. Within riparian reserves associated with unstable lands, thinning and fuel treatment will occur only on low risk areas. Approximately 412 acres of Riparian Reserve habitat will be treated. • Fuel Treatments: All Habitat Promotion Areas and Strategic Fuelbreaks will have existing and/or project-generated fuels treated by a variety of fuels reduction treatments including: underburning, handpiling, lop and scatter, and mastication (grinding material with ground-based equipment). Approximately 268 acres will receive only underburn treatment. VerDate Aug<31>2005 18:27 Oct 06, 2005 Jkt 208001 Roughly 50 acres of late-successional forest will be treated to reduce fuels. The project is located in the portion of the Mt. Ashland LSR located on the Klmath National Forest in the upper reaches of the Beaver Creek Watershed. LSRs and Riparian Reserves were established for the Klamath National Forest as part of the Northwest Forest Plan management scenario. LSRs were established to protect and enhance conditions of late-successional and oldgrowth forest ecosystems, providing habitat for species such as the northern spotted owl. Riparian Reserves are portions of watersheds where ripariandependent resources receive primary emphasis. This project is authorized under Section 102 of the Healthy Forest Restoration Act because it would provide ‘‘enhanced protection from catastrophic wildfire’’ for the habitat of a threatened species, the northern spotted owl. Due to past logging, many stands in the LSR are mid and early successional. Development of late-successional characteristics can be accelerated, as the stands are young and thrifty enough to respond favorably to density reduction. Due to past fire suppression, many midsuccessional stands have stocking so dense that it is not sustainable; the site’s capacity to support vegetation is exceeded. Fuels reduction, mainly removal of small diameter material, and fuel breaks were identified as high priority for the area. Thinned material greater than 9 and less than 20 inches diameter breast height will be offered in a timber sale contract to generate revenues to help fund the remainder of the work, which may be offered in one or more service or stewardship contracts. Of the stands containing merchantable material, it is estimated that 1268 acres will be removed with tractors and tractorendlining, 662 acres with a mechanical harvester, 1422 acres with cable equipment, and 605 with a helicopter. Lead and Cooperating Agencies The Forest Services is the lead agency and the United States Fish and Wildlife Service is a cooperating agency. Responsible Official Margaret J. Boland, Forest Supervisor, USDA Forest Service, 1312 Fairlane Road, Yreka, California 96097 is the Responsible Official. Nature of Decision To Be Made The Forest Service must decide whether it will implement this proposal, an alternative design that moves the area towards the desired condition, or not implement any project at this time. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 58667 Scoping Process The Forest Service and Fish and Wildlife Service have been collaborating on a proposal to improve habitat conditions in the Mt. Ashland LSR since May 2004. On July 6, 2004, this restoration project was included under the category of ‘‘developing proposal’’ in the Klamath National Forest’s Schedule of Proposed Actions, which was posted on the Klamath National Forest’s internet website and mailed to interested parties. A mailing list for the project was developed from those responding to the Schedule of Proposed Actions, a list of landowners near the project area, potentially affected Native American tribes, agencies with special expertise and groups that might be interested. Those on the mailing list were notified of a public field trip to the project area on Septebmer 29, 2004. Notices of the field trip were also sent to the Siskiyou Daily News, Yreka, California, and the Ashland Daily Tidings, Ashland, Oregon. A scoping letter describing the proposed action, purpose and need for the proposal, and requesting public comment will be sent to those on the mailing list. This notice of intent also invites public comment on the proposal and initiates the preparation of the environmental impact statement. 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. The scoping process will include identifying potential issues, significant issues to be analyzed in depth, alternatives to the proposed action, and potential environmental effects of the proposal and alternatives. Comment Requested This notice of intent initiates the scoping process, which guides the development of the environmental impact statement. The public is encouraged to take part in the process and visit with Forest Service and Fish and Wildlife officials at any time during the analysis and prior to the decision. The Forest Service will be seeking information, comments and assistance from Federal, State, and local agencies and other individuals or organizations that may be interested in, or affected by, the proposed restoration activities. 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 E:\FR\FM\07OCN1.SGM 07OCN1 58668 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices 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, 533 (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 impact 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: September 30, 2005. Michael P. Lee, Deputy Forest Supervisor. [FR Doc. 05–20070 Filed 10–6–05; 8:45am] BILLING CODE 3410–11–M VerDate Aug<31>2005 18:27 Oct 06, 2005 Jkt 208001 DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration Solicitation of Nominations for Members of the Grain Inspection Advisory Committee Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Notice to solicit nominees. AGENCY: SUMMARY: The Grain Inspection, Packers and Stockyards Administration (GIPSA) is announcing that nominations are being sought for persons to serve on GIPSA’s Grain Inspection Advisory Committee. DATES: Form AD–755 must be received not later than December 6, 2005. ADDRESSES: Completed AD–755 forms should be submitted to: • E-Mail: Send form AD–755 via electronic mail to Terri.L.Henry@usda.gov. • Mail: Send hardcopy of completed form to Terri Henry, GIPSA, USDA, 1400 Independence Ave., SW., Room 1647–S, Stop 3604, Washington, DC 20250–3604. • Fax: Send form AD–755 by facsimile transmission to: (202) 690– 6755. • Hand Delivery or Courier: Deliver form AD–755 to: Terri Henry, GIPSA, USDA, 1400 Independence Ave., SW., Room 1647–S, Stop 3604, Washington, DC 20250–3604. SUPPLEMENTARY INFORMATION: Under authority of section 21 of the United States Grain Standards Act (Act) as amended, the Secretary of Agriculture established the Grain Inspection Advisory Committee (Advisory Committee) on September 29, 1981, to provide advice to GIPSA’s Administrator on implementation of the Act. Section 21 of the United States Grain Standards Act Amendments of 2000, Public Law 106–580, extended the authority for the Advisory Committee through September 30, 2015. The Advisory Committee presently consists of 15 members, appointed by the Secretary, who represent the interests of grain producers, processors, handlers, merchandisers, consumers, and exporters, including scientists with expertise in research related to the policies in section 2 of the Act. Members of the Advisory Committee serve without compensation. They are reimbursed for travel expenses, including per diem in lieu of subsistence, for travel away from their homes or regular places of business in performance of Advisory Committee service, as authorized under section PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 5703 of title 5, United States Code. Alternatively, travel expenses may be paid by Committee members. Nominations are being sought for persons to serve on the Advisory Committee to replace the five members and the five alternate members whose terms will expire March 2006. Persons interested in serving on the Advisory Committee, or in nominating individuals to serve, should contact: GIPSA, by telephone (tel: 202–205– 8281), fax (fax: 202–690–2755), or electronic mail (e-mail: Terri.L.Henry@usda.gov) and request Form AD–755. Form AD–755 may also be obtained via the Internet through GIPSA’s homepage at https:// www.gipsa.usda.gov/advcommittee/ ad755.pdf. Nominations are open to all individuals without regard to race, color, religion, sex, national origin, age, mental or physical handicap, marital status, or sexual orientation. To ensure that recommendations of the Committee take into account the needs of the diverse groups served by the Department, membership shall include, to the extent practicable, individuals with demonstrated ability to represent minorities, women, and persons with disabilities. The final selection of Advisory Committee members and alternates will be made by the Secretary. JoAnn Waterfield, Acting Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 05–20165 Filed 10–6–05; 8:45 am] BILLING CODE 3410–EN–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions and Deletions Committee For Purchase From People Who Are Blind Or Severely Disabled. ACTION: Proposed additions to and deletions from Procurement List. AGENCY: SUMMARY: The Committee is proposing to add to the Procurement List products to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete products and services previously furnished by such agencies. Comments Must Be Received on or Before: November 6, 2005. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202–3259. E:\FR\FM\07OCN1.SGM 07OCN1

Agencies

[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Pages 58666-58668]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20070]


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DEPARTMENT OF AGRICULTURE

Forest Service


Klamath National Forest, California and Oregon, Mt. Ashland LSR 
Habitat Restoration and Fuels Reduction Project

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

-----------------------------------------------------------------------

SUMMARY: The Forest Service will prepare an environmental impact 
statement on a proposal to promote the development of late-successional 
habitat and reduce the risk of uncharacteristic wildfires on 
approximately 5013 acres.

DATES: Comments concerning the scope of the analysis must be received 
within 30 days of the publication of this notice in the Federal 
Register. The draft environmental impact statement is expected by 
January, 2006, and the final environmental impact statement is expected 
by July, 2006.

ADDRESSES: Send written comments to Margaret J. Boland, Forest 
Supervisor, Klamath National Forest, 1312 Fairlane Road, Yreka, 
California 96097. ATTN: Sue Stresser

FOR FURTHER INFORMATION CONTACT: Susan Stresser, Wildlife Biologist and 
Interdisciplinary Team Leader, Klamath National Forest, 132 Fairlane 
Road, Yreka, California 96097 or call (503) 841-4538.

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action

    The purpose of the Mt. Ashland Late-Successional Reserve (LSR) 
Habitat Restoration and Fuels Reduction Project is to promote the 
development of habitat for species dependent on late-successional 
forests and reduce the vulnerability of these stands and existing late-
successional habitat to uncharacteristic wildfire. This project is 
proposed under the direction of Seciton 7(a)(1) of the Endangered 
Species Act that directs federal agencies to carry out programs for the 
conservation of threatened and endangered species. Agencies are also 
directed to conduct habitat restoration and enhance protection from 
catastrophic wildfire by the Healthy Forest Restoration Act, Northwest 
Forest Plan as incorporated in the Klamath National Forest Land and 
Resource Management Plan of 1995, and the National Fire Plan.
    The need for actions in these watersheds results primarily from 
turn

[[Page 58667]]

of the century railroad logging; resulting in mid-successional stands 
with high stem densities, altered species composition, and low 
diversity that currently provide limited habitat for late-successional 
species. Many of these stands are unlikely to develop into functional 
late-successional habitat without treatment, and are at risk to 
uncharacteristic wildfire. An additional need is to protect the limited 
amount of existing late-successional habitat in these watersheds from 
uncharacteristic wildfire.

Proposed Action

    The proposal is to thin mid-successional stands to promote the 
development of late-successional habitat (habitat promotion areas), 
construct strategic fuelbreaks, and thin and reduce fuels in mid-
successional stands, early-successional stands, and riparian reserves 
to reduce the risk of uncharacteristic wildfires.
     Habitat Promotion Areas: Approximately 70 acres of early-
successional and 2549 acres of mid-successional forest will be treated 
by variable-density thinning of trees less than 20 inches diameter at 
breast height. Where site-specific conditions allow, thinning will 
promote the historic species composition. No late-successional forest 
will be thinned.
     Strategic Fuelbreaks: Five defensive fuel profile zones, a 
type of strategic fuelbreak, will be located on prominent ridges. 
Encompassing approximately 1714 acres, defensive fuel profile zones 
will be treated to reduce ground and ladder fuels, and maintain canopy 
closure at 40 to 50 percent. A small number of trees greater than 20 
inches diameter at breast height, primarily true fir, may be felled to 
achieve density objectives but will be left on site.
     Riparian Reserve Treatments: Within 170 feet of streams, 
ground and ladder fuels will be treated by hand thinning and burning of 
handpiles. Between 170 and 340 feet from streams, thinning treatments 
similar to the Habitat Promotion Areas may occur. Within riparian 
reserves associated with unstable lands, thinning and fuel treatment 
will occur only on low risk areas. Approximately 412 acres of Riparian 
Reserve habitat will be treated.
     Fuel Treatments: All Habitat Promotion Areas and Strategic 
Fuelbreaks will have existing and/or project-generated fuels treated by 
a variety of fuels reduction treatments including: underburning, 
handpiling, lop and scatter, and mastication (grinding material with 
ground-based equipment). Approximately 268 acres will receive only 
underburn treatment. Roughly 50 acres of late-successional forest will 
be treated to reduce fuels.
    The project is located in the portion of the Mt. Ashland LSR 
located on the Klmath National Forest in the upper reaches of the 
Beaver Creek Watershed. LSRs and Riparian Reserves were established for 
the Klamath National Forest as part of the Northwest Forest Plan 
management scenario. LSRs were established to protect and enhance 
conditions of late-successional and old-growth forest ecosystems, 
providing habitat for species such as the northern spotted owl. 
Riparian Reserves are portions of watersheds where riparian-dependent 
resources receive primary emphasis. This project is authorized under 
Section 102 of the Healthy Forest Restoration Act because it would 
provide ``enhanced protection from catastrophic wildfire'' for the 
habitat of a threatened species, the northern spotted owl.
    Due to past logging, many stands in the LSR are mid and early 
successional. Development of late-successional characteristics can be 
accelerated, as the stands are young and thrifty enough to respond 
favorably to density reduction. Due to past fire suppression, many mid-
successional stands have stocking so dense that it is not sustainable; 
the site's capacity to support vegetation is exceeded. Fuels reduction, 
mainly removal of small diameter material, and fuel breaks were 
identified as high priority for the area.
    Thinned material greater than 9 and less than 20 inches diameter 
breast height will be offered in a timber sale contract to generate 
revenues to help fund the remainder of the work, which may be offered 
in one or more service or stewardship contracts. Of the stands 
containing merchantable material, it is estimated that 1268 acres will 
be removed with tractors and tractor-endlining, 662 acres with a 
mechanical harvester, 1422 acres with cable equipment, and 605 with a 
helicopter.

Lead and Cooperating Agencies

    The Forest Services is the lead agency and the United States Fish 
and Wildlife Service is a cooperating agency.

Responsible Official

    Margaret J. Boland, Forest Supervisor, USDA Forest Service, 1312 
Fairlane Road, Yreka, California 96097 is the Responsible Official.

Nature of Decision To Be Made

    The Forest Service must decide whether it will implement this 
proposal, an alternative design that moves the area towards the desired 
condition, or not implement any project at this time.

Scoping Process

    The Forest Service and Fish and Wildlife Service have been 
collaborating on a proposal to improve habitat conditions in the Mt. 
Ashland LSR since May 2004. On July 6, 2004, this restoration project 
was included under the category of ``developing proposal'' in the 
Klamath National Forest's Schedule of Proposed Actions, which was 
posted on the Klamath National Forest's internet website and mailed to 
interested parties. A mailing list for the project was developed from 
those responding to the Schedule of Proposed Actions, a list of 
landowners near the project area, potentially affected Native American 
tribes, agencies with special expertise and groups that might be 
interested. Those on the mailing list were notified of a public field 
trip to the project area on Septebmer 29, 2004. Notices of the field 
trip were also sent to the Siskiyou Daily News, Yreka, California, and 
the Ashland Daily Tidings, Ashland, Oregon. A scoping letter describing 
the proposed action, purpose and need for the proposal, and requesting 
public comment will be sent to those on the mailing list. This notice 
of intent also invites public comment on the proposal and initiates the 
preparation of the environmental impact statement. 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. The scoping process will include identifying potential 
issues, significant issues to be analyzed in depth, alternatives to the 
proposed action, and potential environmental effects of the proposal 
and alternatives.

Comment Requested

    This notice of intent initiates the scoping process, which guides 
the development of the environmental impact statement. The public is 
encouraged to take part in the process and visit with Forest Service 
and Fish and Wildlife officials at any time during the analysis and 
prior to the decision. The Forest Service will be seeking information, 
comments and assistance from Federal, State, and local agencies and 
other individuals or organizations that may be interested in, or 
affected by, the proposed restoration activities.

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

[[Page 58668]]

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, 533 (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 impact 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: September 30, 2005.
Michael P. Lee,
Deputy Forest Supervisor.
[FR Doc. 05-20070 Filed 10-6-05; 8:45am]
BILLING CODE 3410-11-M
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