San Juan National Forest; Columbine Ranger District; Colorado; Hermosa Landscape Grazing Analysis, 3234-3236 [E8-749]
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Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices
activities; (2) whether or not the
information in the analysis is sufficient
to implement proposed activities; and
(3) which actions, if any, to approve.
Preliminary Issues
The following potential issues and
concerns were identified via internal
scoping and collaboration efforts: (1)
Beetle spread from NFS lands to
adjacent private lands; (2) cumulative
impacts of past and proposed
treatments; (3) intensity of vegetative
treatments and slash disposal adjacent
to wildland-urban interface areas; (4)
ingress/egress for forest users and
property owners; and (5) management of
mapped and inventoried old growth
stands.
mstockstill on PROD1PC66 with NOTICES
Comment Requested
This notice of intent initiates the
scoping process that guides the
development of the environmental
impact statement. Comments that are
site-specific in nature are most helpful
to resource professionals when trying to
narrow and address the public’s issue
and concerns. Comments on the Spruce
Gulch proposal will be accepted until
February 15, 2008 as identified
previously in this notice of intent.
Comments will be reviewed and issues
will be identified. Issues that cannot be
resolved by design criteria or minor
changes to the Proposed Action may
generate alternatives to the Proposed
Action. This process is driven by
comments received from the public,
other agencies, and internal Forest
Service concerns. To assist in
commenting, a scoping letter providing
more detail on the project proposal has
been prepared and is available to
interested parties. Contact Melissa
Martin, Project Coordinator, at the
address listed in this notice of intent if
you would like to receive a copy.
Release of Names
Comments received in response to
this solicitation, including names and
addresses of those who commented, 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 considered; however,
those who submit anonymous
comments will not have standing to
object to the subsequent decision under
36 CFR Part 218. 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,
VerDate Aug<31>2005
17:07 Jan 16, 2008
Jkt 214001
under the 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 ten (10) days.
at 40 CFR 1503.3 for implementing the
procedural provisions of the National
Environmental Policy Act for addressing
these points.
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 of the
Environmental Protection Agency
publishes the notice of availability in
the Federal Register.
The Forest Service believes, at this
early stage, that 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 during the draft environmental
impact statement stage, but 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 related to the Proposed Action,
comments on the draft environmental
impact statement should be as specific
as possible. It is also helpful if
comments refer to specific pages or
chapters of the draft document.
Comments may also address the
adequacy of the draft environmental
impact statement or the merits of the
alternatives displayed in the document.
Reviewers should refer to the Council
on Environmental Quality Regulations
DEPARTMENT OF AGRICULTURE
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Dated: January 9, 2008.
Thomas A. Florich,
Acting Laramie District Ranger.
[FR Doc. 08–113 Filed 1–16–08; 8:45 am]
BILLING CODE 3410–11–M
Forest Service
San Juan National Forest; Columbine
Ranger District; Colorado; Hermosa
Landscape Grazing Analysis
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
ACTION:
SUMMARY: The San Juan National Forest
proposes to continue to authorize
livestock grazing on all or portions of
the Missionary Ridge-Lakes Landscape
in a manner that moves resource
conditions toward desired on-theground conditions and is consistent
with Forest Plan standards and
guidelines. The analysis area
encompasses approximately 119,000
acres on 12 active cattle allotments: Bear
Creek, Coon Creek, Elkhorn, Graham
Creek, Haflin Creek, Jack Creek, Lemon,
Lion Creek, Red Creek, Stevens/Shearer,
Vallecito, and Waldner Allotments. The
area is located north of Durango and
Bayfield, Colorado; from the Animas
Valley on the west to just past the La
Plata County line on the east; in T35N
and T36N, R5–9W, N.M.P.M. and is
within the Columbine Ranger District,
San Juan National Forest, Colorado.
The proposed action is designed to
increase the flexibility of livestock
grazing systems through adaptive
management, which will allow quicker
and more effective response to problems
areas when they are revealed. Problems
will be revealed through the use of short
and long term monitoring. Application
of adaptive management practices
should result in healthier soil,
watershed, and vegetative conditions.
DATES: Comments concerning the scope
of the analysis should be received on or
before February 19, 2008. The draft
environmental impact statement is
expected in June 2008 and the final
environmental impact statement is
expected in September 2008.
ADDRESSES: Send written comments to
Cam Hooley, Environmental
Coordinator, Columbine Public Lands,
POB 439, 367 South Pearl Street,
Bayfield, CO 81122; e-mail
chooley@fs.fed.us.
E:\FR\FM\17JAN1.SGM
17JAN1
Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices
For further information, mail
correspondence to Rowdy Wood,
Rangeland Management Specialist,
Columbine Public Lands, POB 439, 367
South Pearl Street, Bayfield, CO 81122;
e-mail rwood03@fs.fed.us.
FOR FURTHER INFORMATION CONTACT:
Rowdy Wood, Rangeland Management
Specialist, Columbine Public Lands,
970–884–1416.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
Purpose and Need for Action
The purpose of this project is to
reauthorize grazing on all or portions of
the Hermosa Landscape in such a
manner that will move resource
conditions toward desired conditions
and be consistent with Forest Plan
standards and guidelines. There is a
need to move some existing conditions
towards desired conditions. Livestock
grazing has been identified in the Forest
Plan as an appropriate use of the Forest
and falls under the multiple-use
mandate of the Forest Service. This
action is needed at this time because in
the early 1990’s, the courts determined
that livestock grazing permits should
not be re-issued without a NEPA
analysis. This put many livestock
operations at risk until such time as
these analyses could be completed. In
response, Congress passed the
Rescissions Act of 1995, which
provided for continuation of permit
issuance if the only reason they could
not be issued was lack of a NEPA
analysis. The Act directed the Forest
Service to develop and adhere to a
schedule for completion of the analyses.
This project analysis is being
undertaken as part of the schedule that
was developed for the San Juan National
Forest.
Proposed Action
The proposed action is to continue to
permit livestock grazing by
incorporating adaptive management
strategies across the Hermosa
Landscape. Adaptive Management is
defined as the process of making use of
monitoring information to determine if
management changes are needed, and if
so, what changes, and to what degree.
An adaptive management strategy
would define the desired resource
conditions, monitoring requirements,
resource triggers or thresholds, and
actions to be taken if triggers are
reached. Site-specific actions to move
the existing ground conditions toward
desired conditions could also be
identified.
Possible Alternatives
The following alternatives have been
preliminarily identified: No Action
VerDate Aug<31>2005
17:07 Jan 16, 2008
Jkt 214001
Alternative. The proposed project as
described above would not occur.
Grazing would not be reauthorized on
these allotments. Traditional
Management Alternative (No change
from current). This alternative is based
on analyzing a specific number of
livestock and specific grazing dates in
specific pastures. This has been the
conventional approach to grazing
analysis. Adaptive Management
Alternative (Proposed Action).
Described above. This alternative is
based on meeting certain resource
conditions using a variety of ‘‘tools’’, or
actions, to reach or maintain those
conditions.
Responsible Official
Pauline E. Ellis, Columbine District
Ranger/Field Office Manager, POB 439,
367 South Pearl Street, Bayfield, CO,
81122.
Nature of Decision To Be Made
Given the purpose and need, the
deciding official reviews the proposed
action and the other alternatives in
order to make the following decisions:
Will livestock grazing will proceed as
proposed, as modified, or not at all, on
all or part of the Missionary Ridge-Lakes
landscape? If livestock grazing proceeds:
Where will on-the-ground activities
occur, and what types of associated
activities will occur? What mitigation
measures and monitoring requirements
will the Forest Service apply to the
project? If Adaptive Management is
chosen, how will monitoring be used to
guide when adaptive options will be
activated?
Scoping Process
Scoping is initiated with the
publication of this notice in the Federal
Register. A news release will be issued
and scoping letters will be mailed to
affected individuals during January
2008, and the project has been posted in
the San Juan National Forest Quarterly
Schedule of Proposed Actions since
January 2008. A meeting with the
current term grazing permit holders in
the project landscape was held on
March 15, 2007, and another will be
held on January 25, 2008 at 2:30 p.m.
the Lavena McCoy Public Library in
Bayfield, Colorado.
Preliminary Issues
During internal review and analysis of
monitoring data, the Columbine
District/Field Office has already
identified the following concerns or
issues with the proposal: Livestock can
affect plant community species
composition and vigor; Livestock can
impact riparian areas and watershed
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
3235
conditions; Livestock can impact
wildlife habitat, including habitat for
special status species such as Canada
lynx and Colorado River cutthroat trout;
Livestock can conflict with recreation in
developed campgrounds and trailheads.
Comment Requested
This notice of intent initiates the
scoping process which guides the
development of the environmental
impact statement. Comments regarding
the scope of issues to be analyzed in the
Environmental Impact Statement are
requested, and should be relevant to the
nature of the decision to be made.
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 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
E:\FR\FM\17JAN1.SGM
17JAN1
3236
Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices
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: January 9, 2008.
Pauline E. Ellis,
District Ranger/Field Office Manager.
[FR Doc. E8–749 Filed 1–16–08; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–849]
Certain Cut-to-Length Carbon Steel
Plate From the People’s Republic of
China; Initiation of New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 17, 2008.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) has determined that
a request for a new shipper review of
the antidumping duty order on certain
cut-to-length steel plate (‘‘CTL steel
plate’’) from the People’s Republic of
China (‘‘PRC’’), received in November
2007, meets the statutory and regulatory
requirements for initiation. The period
of review (‘‘POR’’) of this new shipper
review is November 1, 2006, through
October 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Demitrios Kalogeropoulos or Blanche
Ziv, AD/CVD Operations, Office 8,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–2623
and (202) 482–4207, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
mstockstill on PROD1PC66 with NOTICES
Background
The notice announcing the
antidumping duty order on CTL steel
plate from the PRC was published on
October 21, 2003. See Suspension
Agreement on Certain Cut-to-Length
Carbon Steel Plate From the People’s
Republic of China; Termination of
VerDate Aug<31>2005
17:07 Jan 16, 2008
Jkt 214001
Suspension Agreement and Notice of
Antidumping Duty Order, 68 FR 60081
(October 21, 2003). On November 30,
2007, we received a timely request for
a new shipper review from Hunan Valin
Xiangtan Iron & Steel Co., Ltd. (‘‘Hunan
Valin’’) in accordance with 19 CFR
351.214(d)(2). Hunan Valin has certified
that it produced and exported the CTL
steel plate on which it based its request
for a new shipper review. The
Department initially denied Hunan
Valin’s request for a new shipper review
in this case. However, as a result of
subsequent information submitted by
the requester, the Department has
reconsidered its decision and is now
initiating the new shipper review.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B)(i)(I) of
the Tariff Act of 1930, as amended (‘‘the
Act’’), and 19 CFR 351.214(b)(2), Hunan
Valin certified that it did not export CTL
steel plate to the United States during
the period of investigation (‘‘POI’’).
Pursuant to section 751(a)(2)(B)(i)(II) of
the Act and 19 CFR 351.214(b)(2)(iii)(A),
Hunan Valin certified that, since the
initiation of the investigation, it has
never been affiliated with any exporter
or producer who exported CTL steel
plate to the United States during the
POI, including those not individually
examined during the investigation. As
required by 19 CFR 351.214(b)(2)(iii)(B),
Hunan Valin also certified that its
export activities were not controlled by
the central government of the PRC.
In addition to the certifications
described above, the exporter submitted
documentation establishing the
following: (1) The date on which it first
shipped CTL steel plate for export to the
United States and the date on which the
CTL steel plate was first entered, or
withdrawn from warehouse, for
consumption; (2) the volume of its first
shipment; and (3) the date of its first
sale to an unaffiliated customer in the
United States.
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(d)(1), we are
initiating this new shipper review for
shipments of CTL steel plate from the
PRC produced and exported by Hunan
Valin.
The POR is November 1, 2006,
through October 31, 2007. See 19 CFR
351.214(g)(1)(i)(B). We intend to issue
preliminary results of these reviews no
later than 180 days from the date of
initiation, and final results of these
reviews no later than 270 days from the
date of initiation. See section
751(a)(2)(B)(iv) of the Act.
On August 17, 2006, the Pension
Protection Act of 2006 (‘‘H.R. 4’’) was
signed into law. Section 1632 of H.R. 4
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
temporarily suspends the authority of
the Department to instruct U.S. Customs
and Border Protection to collect a bond
or other security in lieu of a cash
deposit in new shipper reviews during
the period April 1, 2006, through June
30, 2009. Therefore, the posting of a
bond or other security under section
751(a)(2)(B)(iii) of the Act in lieu of a
cash deposit is not available in this case.
Importers of CTL steel plate
manufactured and exported by Hunan
Valin must continue to pay a cash
deposit of estimated antidumping duties
on each entry of subject merchandise at
the current PRC-wide rate of 128.59
percent.
Interested parties requiring access to
proprietary information in this new
shipper review should submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306. This initiation and notice are
in accordance with section 751(a)(2)(B)
of the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
Dated: January 11, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–788 Filed 1–16–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–803]
Heavy Forged Hand Tools From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Results of Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 20, 2007, the
United States Court of International
Trade (‘‘CIT’’) sustained the remand
redetermination issued by the
Department of Commerce (‘‘the
Department’’) pursuant to the CIT’s
remand of the final results of the twelfth
administrative review of the
antidumping duty orders on heavy
forged hand tools from the People’s
Republic of China. See Shandong
Huarong Machinery Co. Ltd., Shandong
Machinery Import & Export
Corporation, Liaoning Machinery Import
& Export Corporation, and Tianjin
Machinery Import & Export Corporation
v. United States, Slip Op. 07–169 (CIT,
2007) (‘‘Shandong Huarong II’’). On
January 8, 2008, the CIT released the
public version of this opinion. This case
AGENCY:
E:\FR\FM\17JAN1.SGM
17JAN1
]]>Agencies
[Federal Register Volume 73, Number 12 (Thursday, January 17, 2008)]
[Notices]
[Pages 3234-3236]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-749]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
San Juan National Forest; Columbine Ranger District; Colorado;
Hermosa Landscape Grazing Analysis
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The San Juan National Forest proposes to continue to authorize
livestock grazing on all or portions of the Missionary Ridge-Lakes
Landscape in a manner that moves resource conditions toward desired on-
the-ground conditions and is consistent with Forest Plan standards and
guidelines. The analysis area encompasses approximately 119,000 acres
on 12 active cattle allotments: Bear Creek, Coon Creek, Elkhorn, Graham
Creek, Haflin Creek, Jack Creek, Lemon, Lion Creek, Red Creek, Stevens/
Shearer, Vallecito, and Waldner Allotments. The area is located north
of Durango and Bayfield, Colorado; from the Animas Valley on the west
to just past the La Plata County line on the east; in T35N and T36N,
R5-9W, N.M.P.M. and is within the Columbine Ranger District, San Juan
National Forest, Colorado.
The proposed action is designed to increase the flexibility of
livestock grazing systems through adaptive management, which will allow
quicker and more effective response to problems areas when they are
revealed. Problems will be revealed through the use of short and long
term monitoring. Application of adaptive management practices should
result in healthier soil, watershed, and vegetative conditions.
DATES: Comments concerning the scope of the analysis should be received
on or before February 19, 2008. The draft environmental impact
statement is expected in June 2008 and the final environmental impact
statement is expected in September 2008.
ADDRESSES: Send written comments to Cam Hooley, Environmental
Coordinator, Columbine Public Lands, POB 439, 367 South Pearl Street,
Bayfield, CO 81122; e-mail chooley@fs.fed.us.
[[Page 3235]]
For further information, mail correspondence to Rowdy Wood,
Rangeland Management Specialist, Columbine Public Lands, POB 439, 367
South Pearl Street, Bayfield, CO 81122; e-mail rwood03@fs.fed.us.
FOR FURTHER INFORMATION CONTACT: Rowdy Wood, Rangeland Management
Specialist, Columbine Public Lands, 970-884-1416.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The purpose of this project is to reauthorize grazing on all or
portions of the Hermosa Landscape in such a manner that will move
resource conditions toward desired conditions and be consistent with
Forest Plan standards and guidelines. There is a need to move some
existing conditions towards desired conditions. Livestock grazing has
been identified in the Forest Plan as an appropriate use of the Forest
and falls under the multiple-use mandate of the Forest Service. This
action is needed at this time because in the early 1990's, the courts
determined that livestock grazing permits should not be re-issued
without a NEPA analysis. This put many livestock operations at risk
until such time as these analyses could be completed. In response,
Congress passed the Rescissions Act of 1995, which provided for
continuation of permit issuance if the only reason they could not be
issued was lack of a NEPA analysis. The Act directed the Forest Service
to develop and adhere to a schedule for completion of the analyses.
This project analysis is being undertaken as part of the schedule that
was developed for the San Juan National Forest.
Proposed Action
The proposed action is to continue to permit livestock grazing by
incorporating adaptive management strategies across the Hermosa
Landscape. Adaptive Management is defined as the process of making use
of monitoring information to determine if management changes are
needed, and if so, what changes, and to what degree. An adaptive
management strategy would define the desired resource conditions,
monitoring requirements, resource triggers or thresholds, and actions
to be taken if triggers are reached. Site-specific actions to move the
existing ground conditions toward desired conditions could also be
identified.
Possible Alternatives
The following alternatives have been preliminarily identified: No
Action Alternative. The proposed project as described above would not
occur. Grazing would not be reauthorized on these allotments.
Traditional Management Alternative (No change from current). This
alternative is based on analyzing a specific number of livestock and
specific grazing dates in specific pastures. This has been the
conventional approach to grazing analysis. Adaptive Management
Alternative (Proposed Action). Described above. This alternative is
based on meeting certain resource conditions using a variety of
``tools'', or actions, to reach or maintain those conditions.
Responsible Official
Pauline E. Ellis, Columbine District Ranger/Field Office Manager,
POB 439, 367 South Pearl Street, Bayfield, CO, 81122.
Nature of Decision To Be Made
Given the purpose and need, the deciding official reviews the
proposed action and the other alternatives in order to make the
following decisions: Will livestock grazing will proceed as proposed,
as modified, or not at all, on all or part of the Missionary Ridge-
Lakes landscape? If livestock grazing proceeds: Where will on-the-
ground activities occur, and what types of associated activities will
occur? What mitigation measures and monitoring requirements will the
Forest Service apply to the project? If Adaptive Management is chosen,
how will monitoring be used to guide when adaptive options will be
activated?
Scoping Process
Scoping is initiated with the publication of this notice in the
Federal Register. A news release will be issued and scoping letters
will be mailed to affected individuals during January 2008, and the
project has been posted in the San Juan National Forest Quarterly
Schedule of Proposed Actions since January 2008. A meeting with the
current term grazing permit holders in the project landscape was held
on March 15, 2007, and another will be held on January 25, 2008 at 2:30
p.m. the Lavena McCoy Public Library in Bayfield, Colorado.
Preliminary Issues
During internal review and analysis of monitoring data, the
Columbine District/Field Office has already identified the following
concerns or issues with the proposal: Livestock can affect plant
community species composition and vigor; Livestock can impact riparian
areas and watershed conditions; Livestock can impact wildlife habitat,
including habitat for special status species such as Canada lynx and
Colorado River cutthroat trout; Livestock can conflict with recreation
in developed campgrounds and trailheads.
Comment Requested
This notice of intent initiates the scoping process which guides
the development of the environmental impact statement. Comments
regarding the scope of issues to be analyzed in the Environmental
Impact Statement are requested, and should be relevant to the nature of
the decision to be made.
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 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
[[Page 3236]]
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: January 9, 2008.
Pauline E. Ellis,
District Ranger/Field Office Manager.
[FR Doc. E8-749 Filed 1-16-08; 8:45 am]
BILLING CODE 3410-11-P
