Sierra National Forest, Bass Lake Ranger District, California, Sugar Pine Adaptive Management Project, 58048-58050 [07-5033]

Download as PDF jlentini on PROD1PC65 with NOTICES 58048 Federal Register / Vol. 72, No. 197 / Friday, October 12, 2007 / Notices for approving the importation of commodities that, based on the findings of a pest risk analysis, can be safely imported subject to one or more of the designated phytosanitary measures listed in paragraph (b) of that section. These measures are: • The fruits or vegetables are subject to inspection upon arrival in the United States and comply with all applicable provisions of § 319.56–3; • The fruits or vegetables are imported from a pest-free area in the country of origin that meets the requirements of § 319.56–5 for freedom from that pest and are accompanied by a phytosanitary certificate stating that the fruits or vegetables originated in a pest-free area in the country of origin; • The fruits or vegetables are treated in accordance with 7 CFR part 305; • The fruits or vegetables are inspected in the country of origin by an inspector or an official of the national plant protection organization of the exporting country, and have been found free of one or more specific quarantine pests identified by the risk analysis as likely to follow the import pathway; and/or • The fruits or vegetables are a commercial consignment. APHIS received a request from the Government of Australia to allow the importation of sweet cherries from Australia into the continental United States and Hawaii. We have completed a pest risk assessment to identify pests of quarantine significance that could follow the pathway of importation into the United States and, based on that pest risk assessment, have prepared a risk management analysis to identify phytosanitary measures that could be applied to the commodity to mitigate the pest risk. We have concluded that sweet cherries can be safely imported into the continental United States and Hawaii from Australia using one or more of the five designated phytosanitary measures listed in § 319.56–4(b). Therefore, in accordance with § 319.56–4(c), we are announcing the availability of our pest risk analysis for public review and comment. The pest risk analysis may be viewed on the Regulations.gov Web site or in our reading room (see ADDRESSES above for instructions for accessing Regulations.gov and information on the location and hours of the reading room). You may request paper copies of the pest risk analysis by calling or writing to the person listed under FOR FURTHER INFORMATION CONTACT. Please refer to the subject of the pest risk analysis when requesting copies. We have also prepared an environmental assessment in connection with this action which is VerDate Aug<31>2005 16:35 Oct 11, 2007 Jkt 214001 available for review and comment in the same manner as the pest risk analysis. After reviewing the comments we receive, we will announce our decision regarding the import status of sweet cherries from Australia in a subsequent notice. If the overall conclusions of the analysis and the Administrator’s determination of risk remain unchanged following our consideration of the comments, then we will begin issuing permits for importation of sweet cherries from Australia into the continental United States and Hawaii subject to the requirements specified in the risk management analysis. Done in Washington, DC, this 5th day of October 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7–20166 Filed 10–11–07; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Forest Service Sierra National Forest, Bass Lake Ranger District, California, Sugar Pine Adaptive Management Project Forest Service, USDA. Notice of intent to prepare an environmental impact statement. AGENCY: ACTION: SUMMARY: The Sierra National Forest, Bass Lake Ranger District is proposing to conduct a comprehensive series of treatments centered on a Wildland Urban Intermix area known as the community of Sugar Pine. Strategically Placed Area Treatments (SPLATs) have been initially identified to provide a means to reduce the intensity and spread of wildland fires across the landscape and near communities. Additional treatments within these SPLATs have been identified where forest stands are densely stocked and thinning is needed. This thinning is needed to reduce inter-tree competition and improve tree vigor and increase stand resistance to drought conditions, insect and disease attack. The effects of implementing the treatments called for in the final decision will be studied by the University of California as they relate to fire and fuels, water quality and quantity, wildlife (specifically the Pacific Fisher) and public involvement. Depending on the results of this study, future management actions on other similar ecosystems may be changed. This approach to monitoring and feedback is called Adaptive Management and is a primary reason for the descriptive title. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 To be most effective, comments concerning the scope of this analysis should be received by October 31, 2007. Public scoping for this analysis, originally expected to be documented in an Environmental Assessment, began on April 1, 2007. Unless response to this notice raises concerns not yet expressed, the draft environmental impact statement (DEIS) is expected in November 2007 and the final environmental impact statement (FEIS) is expected in January 2008. ADDRESSES: Send comments to the Forest Service at the following addresses. Hardcopy mail: U.S. Forest Service, Sierra National Forest, Bass Lake Ranger District, 57003 Road 225, North Fork, CA 93643, ATTN: David Martin. Electronic mail: commentspacificsouthwest-sierra@fs.fed.us. Use Rich Text format (.rtf) or Word format (.doc). FOR FURTHER INFORMATION CONTACT: Mark Lemon, Interdisciplinary Team Leader, at Sierra National Forest, Bass Lake Ranger District, 57003 Road 225, North Fork, CA 93643. SUPPLEMENTARY INFORMATION: Background Information: The Sugar Pine Adaptive Management Project (Madera and Mariposa Counties, California) lies within the Fresno River watershed, where during the period before significant Euro-American influence, natural fires occurred frequently and were of low intensity with return intervals ranging from every 5 to 10 years. During the past century, management activities (including harvesting operations, fire exclusion/ suppression, etc.) and increased human habitation, have changed the composition of vegetation. Currently, vegetation within the Sugar Pine Adaptive Management Project has changed from one where frequent, low intensity fires occurred to one with increased suseptability to infrequent moderate to high intensity wildland fire. Forest stand densities are above that which can be sustained, with inter-tree competition increasing and tree vigor beginning to decline. Pockets of insect and disease attack are beginning to show in the stands as well as the drought induced mortality. Non-native plant species and noxious weeds, that were absent in the area, now are growing in small pockets. The Sugar Pine Adaptive Management Project was originally to be documented in an Environmental Assessment (EA). The Sugar Pine Adaptive Management Project lies within the elevational bands for the Southern Sierra Fisher Conservation Area. Public concern and management review surrounding the DATES: E:\FR\FM\12OCN1.SGM 12OCN1 Federal Register / Vol. 72, No. 197 / Friday, October 12, 2007 / Notices significance of potential impacts to the Pacific fisher, a candidate threatened and endangered species and the California spotted owl, a sensitive species, during past projects, has led to the decision to document the environmental analysis with an environmental impact statement (EIS) for this project. jlentini on PROD1PC65 with NOTICES Purpose and Need for Action The Sierra National Forest Land and Resource Management Plan (as amended in January 2004) has identified wildland urban intermix areas as places where human habitation is mixed with areas of flammable wildland vegetation and has the highest priority for treatment. As directed in the Sierra Nevada Forest Plan Amendment (2004), national forests are to integrate fire and fuels management objectives with other resource management objectives and address the role of wildland fire in the ecosystem. The forest-wide standards and guidelines state that ‘‘vegetation within treatment areas should be modified to meet desired surface, ladder and crown fuel conditions as well as stand densities necessary for healthy forest during drought conditions’’. The community of Sugar Pine (Madera Counties, California) lies in the center portion of the project area. On the northern portion of the project boundary is a large area of private land known as Yosemite Mountain Ranch as well as the community of Fish Camp. Most of the homes in these communities do not have sufficient clearance to protect them if a fast moving wildland fire were to move into the subdivision. Vegetation in the Sugar Pine Adaptive Management Project area includes conifer stands consisting of ponderosa pine and mixed conifer, where insect and drought induced mortality is beginning to appear in pockets within both natural stands and conifer plantations. In lower to mid-elevations of the project area, on the steeper slopes, brush (manzanita/ceanothus) is the main vegetation. Scattered in pockets throughout the project area are heavy accumulations of dead and down material (branches, limbs and logs) resulting from natural accumulation and past management activities. Proposed Action The proposed action includes vegetation treatment areas designed to create SPLATs to reduce the intensity and spread of wildland fire across the landscape and near communities and reduce inter-tree competition to improve tree vigor and increase stand resistance to drought induced mortality, insect and disease attack. Additional VerDate Aug<31>2005 16:35 Oct 11, 2007 Jkt 214001 areas for treatment are proposed to create a defensible fuels profile near key transportation corridors and within the Defense zones of the wildland urban intermix. The treatments proposed include: Thinning in conifer stands, either pre-commercially or commercially to reduce lower level canopy crown densities; mastication of brush and shrub patches; perscribed burning, both understory and piles; manual and/or prescribed burning treatment of noxious weed infestations; prepare and plant failed conifer plantations. Possible Alternatives To comply with NEPA, the Forest Service will evaluate additional alternatives to the proposed action, including the no action alternative within the EIS. Additional alternatives suggested through public comment will also be considered. Each alternative will be rigorously explored and evaluated, or rationale will be given for eliminating an alternative from detailed study. A range of alternatives may be considered. Responsible Official The Responsible Deciding Official is Edward Cole, Forest Supervisor, Sierra National Forest, 1600 Tollhouse Road, Clovis, CA 93612. Nature of Decision To Be Made The Responsible Deciding Official will use the EIS to make an informed decision as to which alternative best meets the purpose and need for this project or to take no action at this time, in accordance with applicable laws, regulations, and Forest Service Manual/ Handbook direction. Scoping Process The public will be invited to participate in the scoping process, and review of the draft environmental impact statement (DEIS). Comments from the public and other agencies will be used in preparation of the DEIS. A public meeting was held on September 5, 2007. A public field trip is currently scheduled for September 29, 2007. Additional public meetings may be scheduled as requested or needed, but no dates have been set. The DEIS is expected to be available for public review and comment on November 2007 and a FEIS in January 2008. 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 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 58049 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, 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 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) E:\FR\FM\12OCN1.SGM 12OCN1 58050 Federal Register / Vol. 72, No. 197 / Friday, October 12, 2007 / Notices Dated: September 27, 2007. Edward Cole, Forest Supervisor. [FR Doc. 07–5033 Filed 10–11–07; 8:45 am] BILLING CODE 3410–11–M DEPARTMENT OF AGRICULTURE Forest Service California Coast Provincial Advisory Committee Forest Service, USDA. Notice of Meeting. AGENCY: ACTION: SUMMARY: The California Coast Provincial Advisory Committee (CCPAC) will meet on October 17, 2007, in Eureka, California. The purpose of the meeting is to discuss issues relating to implementing the Northwest Forest Plan (NWFP). DATES: The meeting will be held from 9 a.m. to 3 p.m. ADDRESSES: The meeting will be held at the Six Rivers National Forest, Supervisor’s Office, 1330 Bayshore Way, Eureka, California. FOR FURTHER INFORMATION CONTACT: Kathy Allen, Committee Coordinator, USDA, Six Rivers National Forest, 1330 Bayshore Way, Eureka, CA 95501, (707) 441–3557, kmallen@fs.fed.us. SUPPLEMENTARY INFORMATION: Agenda topics to be covered include: (1) New Mexico Forest Restoration Principles; (2) Marijuana Cultivation; (3) Orleans Community Fuels Reduction Project; (4) Survey and Manage Update; (5) Northwest Forest Plan Update; and (6) Northern Spotted Owl Recovery Plan Update. The meeting is open to the public. Public input opportunity will be provided and individuals will have the opportunity to address the Committee at that time. Dated: October 5, 2007. Tyrone Kelley, Designated Federal Official. [FR Doc. 07–5040 Filed 10–11–07; 8:45 am] BILLING CODE 3410–11–M DEPARTMENT OF AGRICULTURE For more information regarding this meeting, contact Designated Federal Official Paul Matter, Willamette National Forest, Detroit Ranger District, HC 73 Box 320, Mill City, OR 97360, (503) 854–3366. FOR FURTHER INFORMATION CONTACT: Dated: October 5, 2007. Dallas J. Emch, Forest Supervisor. [FR Doc. 07–5043 Filed 10–11–07; 8:45 am] Forest Service Opal Creek Scenic Recreation Area (SRA) Advisory Council jlentini on PROD1PC65 with NOTICES Wednesday, November 7, 2007. These meetings are scheduled to begin at 6:30 p.m., and will conclude at approximately 8:30 p.m. Meetings will be held in the South Room of the Stayton Community Center located on 400 West Virginia Street in Stayton, Oregon. The Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996 (Opal Creek Act) (Pub. L. 104–208) directed the Secretary of Agriculture to establish the Opal Creek Scenic Recreation Area Advisory Council. The Advisory Council is comprised of twelve members representing state, county and city governments, and representatives of various organizations, which include mining industry, environmental organizations, inholders in Opal Creek Scenic Recreation Area, economic development, Indian tribes, and public at large. The council provides advice to the Secretary of Agriculture on preparation of a comprehensive Opal Creek Management Plan for the SRA, and consults on a periodic and regular basis on the management of the area. Tentative agenda items include: review and approve Advisory Council Bylaws and Meeting Procedures, Three Pools Recreation Fee Proposal and future focus of the Advisory Council. A direct public comment period is tentatively scheduled to begin at 8 p.m. Time allotted for individual presentations will be limited to 3 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits of the comment period. Written comments may be submitted prior to the scheduled meeting by sending them to Designated Federal Official Paul Matter at the address given below. BILLING CODE 3410–11–M Forest Service, USDA. ACTION: Notice of Meeting. AGENCY: SUMMARY: Opal Creek Scenic Recreation Area Advisory Council meetings will convene in Stayton, Oregon on VerDate Aug<31>2005 16:35 Oct 11, 2007 Jkt 214001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions and Deletions Proposed Additions to and Deletions from the Procurement List. ACTION: SUMMARY: The Committee is proposing to add to the Procurement List products and services 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 11, 2007. 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. FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Kimberly M. Zeich, Telephone: (703) 603–7740, Fax: (703) 603–0655, or e-mail CMTEFedReg@jwod.gov. SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. Additions If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice for each product or service will be required to procure the products and services listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and services to the Government. 2. If approved, the action will result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the products and E:\FR\FM\12OCN1.SGM 12OCN1

Agencies

[Federal Register Volume 72, Number 197 (Friday, October 12, 2007)]
[Notices]
[Pages 58048-58050]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5033]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Sierra National Forest, Bass Lake Ranger District, California, 
Sugar Pine Adaptive Management Project

AGENCY: Forest Service, USDA.

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

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

SUMMARY: The Sierra National Forest, Bass Lake Ranger District is 
proposing to conduct a comprehensive series of treatments centered on a 
Wildland Urban Intermix area known as the community of Sugar Pine. 
Strategically Placed Area Treatments (SPLATs) have been initially 
identified to provide a means to reduce the intensity and spread of 
wildland fires across the landscape and near communities. Additional 
treatments within these SPLATs have been identified where forest stands 
are densely stocked and thinning is needed. This thinning is needed to 
reduce inter-tree competition and improve tree vigor and increase stand 
resistance to drought conditions, insect and disease attack. The 
effects of implementing the treatments called for in the final decision 
will be studied by the University of California as they relate to fire 
and fuels, water quality and quantity, wildlife (specifically the 
Pacific Fisher) and public involvement. Depending on the results of 
this study, future management actions on other similar ecosystems may 
be changed. This approach to monitoring and feedback is called Adaptive 
Management and is a primary reason for the descriptive title.

DATES: To be most effective, comments concerning the scope of this 
analysis should be received by October 31, 2007. Public scoping for 
this analysis, originally expected to be documented in an Environmental 
Assessment, began on April 1, 2007. Unless response to this notice 
raises concerns not yet expressed, the draft environmental impact 
statement (DEIS) is expected in November 2007 and the final 
environmental impact statement (FEIS) is expected in January 2008.

ADDRESSES: Send comments to the Forest Service at the following 
addresses. Hardcopy mail: U.S. Forest Service, Sierra National Forest, 
Bass Lake Ranger District, 57003 Road 225, North Fork, CA 93643, ATTN: 
David Martin. Electronic mail: comments-pacificsouthwest-
sierra@fs.fed.us. Use Rich Text format (.rtf) or Word format (.doc).

FOR FURTHER INFORMATION CONTACT: Mark Lemon, Interdisciplinary Team 
Leader, at Sierra National Forest, Bass Lake Ranger District, 57003 
Road 225, North Fork, CA 93643.

SUPPLEMENTARY INFORMATION:
    Background Information: The Sugar Pine Adaptive Management Project 
(Madera and Mariposa Counties, California) lies within the Fresno River 
watershed, where during the period before significant Euro-American 
influence, natural fires occurred frequently and were of low intensity 
with return intervals ranging from every 5 to 10 years. During the past 
century, management activities (including harvesting operations, fire 
exclusion/suppression, etc.) and increased human habitation, have 
changed the composition of vegetation. Currently, vegetation within the 
Sugar Pine Adaptive Management Project has changed from one where 
frequent, low intensity fires occurred to one with increased 
suseptability to infrequent moderate to high intensity wildland fire. 
Forest stand densities are above that which can be sustained, with 
inter-tree competition increasing and tree vigor beginning to decline. 
Pockets of insect and disease attack are beginning to show in the 
stands as well as the drought induced mortality. Non-native plant 
species and noxious weeds, that were absent in the area, now are 
growing in small pockets.
    The Sugar Pine Adaptive Management Project was originally to be 
documented in an Environmental Assessment (EA). The Sugar Pine Adaptive 
Management Project lies within the elevational bands for the Southern 
Sierra Fisher Conservation Area. Public concern and management review 
surrounding the

[[Page 58049]]

significance of potential impacts to the Pacific fisher, a candidate 
threatened and endangered species and the California spotted owl, a 
sensitive species, during past projects, has led to the decision to 
document the environmental analysis with an environmental impact 
statement (EIS) for this project.

Purpose and Need for Action

    The Sierra National Forest Land and Resource Management Plan (as 
amended in January 2004) has identified wildland urban intermix areas 
as places where human habitation is mixed with areas of flammable 
wildland vegetation and has the highest priority for treatment. As 
directed in the Sierra Nevada Forest Plan Amendment (2004), national 
forests are to integrate fire and fuels management objectives with 
other resource management objectives and address the role of wildland 
fire in the ecosystem. The forest-wide standards and guidelines state 
that ``vegetation within treatment areas should be modified to meet 
desired surface, ladder and crown fuel conditions as well as stand 
densities necessary for healthy forest during drought conditions''.
    The community of Sugar Pine (Madera Counties, California) lies in 
the center portion of the project area. On the northern portion of the 
project boundary is a large area of private land known as Yosemite 
Mountain Ranch as well as the community of Fish Camp. Most of the homes 
in these communities do not have sufficient clearance to protect them 
if a fast moving wildland fire were to move into the subdivision.
    Vegetation in the Sugar Pine Adaptive Management Project area 
includes conifer stands consisting of ponderosa pine and mixed conifer, 
where insect and drought induced mortality is beginning to appear in 
pockets within both natural stands and conifer plantations. In lower to 
mid-elevations of the project area, on the steeper slopes, brush 
(manzanita/ceanothus) is the main vegetation. Scattered in pockets 
throughout the project area are heavy accumulations of dead and down 
material (branches, limbs and logs) resulting from natural accumulation 
and past management activities.

Proposed Action

    The proposed action includes vegetation treatment areas designed to 
create SPLATs to reduce the intensity and spread of wildland fire 
across the landscape and near communities and reduce inter-tree 
competition to improve tree vigor and increase stand resistance to 
drought induced mortality, insect and disease attack. Additional areas 
for treatment are proposed to create a defensible fuels profile near 
key transportation corridors and within the Defense zones of the 
wildland urban intermix. The treatments proposed include: Thinning in 
conifer stands, either pre-commercially or commercially to reduce lower 
level canopy crown densities; mastication of brush and shrub patches; 
perscribed burning, both understory and piles; manual and/or prescribed 
burning treatment of noxious weed infestations; prepare and plant 
failed conifer plantations.

Possible Alternatives

    To comply with NEPA, the Forest Service will evaluate additional 
alternatives to the proposed action, including the no action 
alternative within the EIS. Additional alternatives suggested through 
public comment will also be considered. Each alternative will be 
rigorously explored and evaluated, or rationale will be given for 
eliminating an alternative from detailed study. A range of alternatives 
may be considered.

Responsible Official

    The Responsible Deciding Official is Edward Cole, Forest 
Supervisor, Sierra National Forest, 1600 Tollhouse Road, Clovis, CA 
93612.

Nature of Decision To Be Made

    The Responsible Deciding Official will use the EIS to make an 
informed decision as to which alternative best meets the purpose and 
need for this project or to take no action at this time, in accordance 
with applicable laws, regulations, and Forest Service Manual/Handbook 
direction.

Scoping Process

    The public will be invited to participate in the scoping process, 
and review of the draft environmental impact statement (DEIS). Comments 
from the public and other agencies will be used in preparation of the 
DEIS. A public meeting was held on September 5, 2007. A public field 
trip is currently scheduled for September 29, 2007. Additional public 
meetings may be scheduled as requested or needed, but no dates have 
been set. The DEIS is expected to be available for public review and 
comment on November 2007 and a FEIS in January 2008.

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, 
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 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)


[[Page 58050]]


    Dated: September 27, 2007.
Edward Cole,
Forest Supervisor.
[FR Doc. 07-5033 Filed 10-11-07; 8:45 am]
BILLING CODE 3410-11-M
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