Shasta-Trinity National Forest, California; Supplemental Environmental Impact Statement for the Pilgrim Vegetation Management Project, 46236-46238 [E8-17994]

Download as PDF 46236 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices Secretary of Agriculture and the Secretary of the Interior to plan and conduct hazardous fuels reduction projects on National Forest System and Bureau of Land Management Lands. The Forest Service, Bureau of Land Management, Bureau of Indian Affairs, National Park Service, Fish and Wildlife Service, and many State agencies with fire protection responsibilities have undertaken a very ambitious and expensive forest fuels reduction program. The Forest Service (FS) and university researchers will contact recipients of a phone/mail questionnaire to help forest and fire managers understand value trade-offs regarding fire hazard reduction programs in the wildland-urban interface. Need and Use of the Information: Through the questionnaire, researchers will evaluate the responses of Florida residents to different scenarios related to fire hazard reduction programs, how residents think the programs presented to them are effective, and calculate how much residents would be willing to pay to implement the alternatives. The collected information will help researchers provide better information to natural resources, forest, and fire managers when they are contemplating the kind and type of fire hazard reduction program to implement to achieve forest land management planning objectives. Without the information the agencies with fire protection responsibilities will lack the capability to evaluate the general public understanding of proposed fuels reduction projects and programs or their willingness to pay for implementing such programs. Description of Respondents: Individuals or households. Number of Respondents: 500. Frequency of Responses: Reporting: Other (One time only). Total Burden Hours: 317. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E8–18308 Filed 8–7–08; 8:45 am] BILLING CODE 3410–11–P pwalker on PROD1PC71 with NOTICES DEPARTMENT OF AGRICULTURE Office of the Under Secretary, Research, Education, and Economics; Notice of the Advisory Committee on Biotechnology and 21st Century Agriculture Meeting AGENCY: Agricultural Research Service, USDA. ACTION: Notice of meeting. VerDate Aug<31>2005 17:25 Aug 07, 2008 Jkt 214001 SUMMARY: In accordance with the Federal Advisory Committee Act, 5 U.S.C. App. 2, the United States Department of Agriculture announces a meeting of the Advisory Committee on Biotechnology and 21st Century Agriculture (AC21). DATES: The meeting dates are August 26, 2008, 8 a.m. to 5 p.m., and August 27, 2008, 8 a.m. to 4 p.m. ADDRESSES: Waugh Auditorium, USDA Economic Research Service, Third Floor, South Tower, 1800 M Street NW., Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Michael Schechtman, Telephone (202) 720–3817. SUPPLEMENTARY INFORMATION: The twentieth meeting of the AC21 has been scheduled for August 26–27, 2008. The AC21 consists of members representing the biotechnology industry, farmers, commodity processors and shippers, livestock handlers, environmental and consumer groups, and academic researchers. In addition, representatives from the Departments of Commerce, Health and Human Services, and State, and the Environmental Protection Agency, the Office of the United States Trade Representative, and the National Association of State Departments of Agriculture serve as ‘‘ex officio’’ members. At this meeting, the committee will continue its consideration of governance issues in the oversight of genetically engineered animals, with an emphasis on food animals intended for food or non-food uses. Background information regarding the work of the AC21 will be available on the USDA Web site at https:// www.usda.gov/wps/portal/!ut/p/ _s.7_0_A/7_0_1OB?navid= BIOTECH&parentnav=AGRICULTURE& navtype=RT. Requests to make oral presentations at the meeting may be sent to Michael Schechtman, Designated Federal Official, Office of the Deputy Secretary, USDA, 202 B Jamie L. Whitten Federal Building, 12th Street and Jefferson Drive, SW., Washington, DC 20250, Telephone (202) 720–3817; Fax (202) 690–4265; e-mail Michael.schechtman@ars.usda.gov. On August 26, 2008, if time permits, reasonable provision will be made for oral presentations of no more than five minutes each in duration. Written requests to make oral presentations at the meeting must be received by the contact person identified herein at least three business days before the meeting. The meeting will be open to the public, but space is limited. If you would like to attend the meetings, you must register by contacting Ms. Dianne Fowler at PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 (202) 720–4074, by fax at (202) 720– 3191 or by e-mail at Dianne.fowler@ars.usda.gov at least five business days prior to the meeting. Please provide your name, title, business affiliation, address, and telephone and fax numbers when you register. If you require a sign language interpreter or other special accommodation due to disability, please indicate those needs at the time of registration. Dated: July 30, 2008. Jeremy Stump, Senior Advisor to the Secretary for International and Homeland Security Affairs and Biotechnology. [FR Doc. E8–18276 Filed 8–7–08; 8:45 am] BILLING CODE 3410–03–P DEPARTMENT OF AGRICULTURE Forest Service Shasta-Trinity National Forest, California; Supplemental Environmental Impact Statement for the Pilgrim Vegetation Management Project Forest Service, USDA. Notice of intent to supplement an Environmental Impact Statement. AGENCY: ACTION: SUMMARY: The Shasta-Trinity National Forest will prepare a Supplemental Environmental Impact Statement (SETS) for the Pilgrim Vegetation Management Project to present additional information consistent with the court ruling Conservation Congress v. Forest Service, Case No. 07–0264 (E.D. Cal., May 13, 2008). This action will require modification of the current Project Level Management Indicator Assemblage Report for the Pilgrim Vegetation Management Project dated February 15, 2007. DATES: The draft SETS is expected to be issued in September 2008 and the final SETS expected in November 2008. ADDRESSES: Shasta-McCloud Management Unit, 204 W. Alma St., Mt. Shasta, California 96067. FOR FURTHER INFORMATION CONTACT: Deimis Poehlmann, Planning Officer, Shasta-McCloud Management Unit, McCloud Ranger Station, P.O. Box 1620, McCloud, California 96057, telephone (530) 926–9656 or via e-mail at dpoehlmann@fs.fed.us. The Forest Service is proposing to prepare a supplement to the final environmental impact statement for the Pilgrim Vegetation Management Project in SUPPLEMENTARY INFORMATION: E:\FR\FM\08AUN1.SGM 08AUN1 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices sanitation harvest on approximately 3100 acres of overstocked coniferous stands, sanitation and salvage harvest on approximately 10 acres of knobcone pine, and regeneration of approximately 415 acres of diseased and insect infested stands—15% green tree retention will not be met on approximately 255 of these acres because there are not enough disease-free trees to meet this standard. All regeneration units will be replanted with healthy conifer seedlings. Alternative 1 would also release approximately 20 acres of aspen by removing competing conifers, restore approximately 275 acres of dry meadows by removal of encroaching conifer trees, underburn approximately 200 acres of natural and activity fuels, mechanically pile and burn approximately 700 acres of activity fuels, close approximately 10 miles of roads to reduce maintenance costs, decommission approximately 2 miles of roads not needed for future management, reconstruct one roadstream crossing, and construct approximately 0.3 miles of new road needed for present and future management. Alternative 2 is the same as Alternative 1 except that on approximately 535 acres of proposed thinning/sanitation, canopy closure would be maintained at 60% on average. Alternative 3 is the same as Alternative 1 except that on approximately 415 acres of regeneration harvest, 15% of the area would be retained in trees that are generally the largest and/or oldest trees in the stands even though they are diseased. Purpose and Need for Action The draft SEIS will not change the purpose and need for the Pilgrim Vegetation Management Project as described in Chapter 1, pages 1 through 15, of the FEIS. The draft SEIS will provide additional analysis and supplemental information specific to the issues identifed in the court ruling, Conservation Congress v. Forest Service, Case No. 07–0264 (E.D. Cal., May 13, 2008), and document the analysis and changes made within the Project Level Management Indicator Assemblage Report (Appendix L) and within the FEIS as necessary. pwalker on PROD1PC71 with NOTICES accordance with FSH 1909.15—Chapter 10—Section 18.1 and Section 18.2. The Record of Decision (ROD), Pilgrim Vegetation Management Project Final Environmental Impact Statement (FEIS) and other relevant documentation can be found on the Shasta McCloud Management Unit website at: https://www.fs.fed.us/r5/ shastatrinity/projects/smmuprojects.shtml. The original Notice of Intent for this project was published in the Federal Register February 14, 2005. The Notice of Availability of the Pilgrim Vegetation Management Project Draft Environmental Impact Statement was published in the Federal Register on June 23, 2006. In June 1, 2007, a ROD was issued. This decision was appealed on August 5, 2007 and August 6, 2007. The Appeal Deciding Officer upheld the decision on September 18, 2007. A motion for summary judgment was filed by Conservation Congress and Klamath Forest Alliance in the United States District Court for the Eastern District of California on March 17, 2008. In the recent court ruling concerning the ROD for the Pilgrim Vegetation Management Project, Conservation Congress v. Forest Service, Case No. 07– 0264 (E.D. Cal., May 13, 2008), the court ruled the Forest Service did not fully comply with its monitoring obligations for certain species as outlined in the forest plan, and remanded the matter to the agency for further action consistent with the order. This SEIS will address and respond to the specific issues identified in the court ruling. Lead and Cooperating Agencies Lead Agency: USDA, Forest Service. Proposed Action The proposed action and alternatives will remain the same as described in Chapter 2, pages 17 through 33, of the FEIS. In summary, the FEIS considers four alternatives in detail. Alternative 4 is the no action alternative. Alternative 1, the Preferred Alternative, would restore forest health and ecosystem functions by commercial thinning and VerDate Aug<31>2005 17:25 Aug 07, 2008 Jkt 214001 Responsible Official J. Sharon Heywood, Forest Supervisor, Shasta-Trinity National Forest, 3644 Avtech Parkway, Redding, CA 96002. Nature of Decision To Be Made The Responsible Official will review the supplemental information and determine if any modifications should be made to the June 1, 2007 ROD. Scoping Process Scoping is not required for supplements to environmental impact statements (40 CFR 1502.9(c)4). Early Notice of Importance of Public Participation in Subsequent Environmental Review A draft SETS will be prepared for comment. A legal notice will be published in the newspaper of record and a Notice of Availability will be PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 46237 published in the Federal Register to inform the public that supplemental information is available for review and comment. The draft SETS will be distributed to all parties that received the 2007 FETS and ROD and to those parties that filed an appeal of the 2007 decision. The comment period on the draft SEIS will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the Federal Register. The Forest Service believes it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft SETS 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 SETS stage but are not raised until after completion of the final SETS may be 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. Timely submittal of comments and objections to the Forest Service ensures they can be meaningfully considered and responded to in the final SETS. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft SETS should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft supplement. Comments may also address the adequacy of the draft SEIS or the merits of the alternatives fonnulated and discussed in the statement. In addressing these points, 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. 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\08AUN1.SGM 08AUN1 46238 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices Dated: July 29, 2008. J. Sharon Heywood, Forest Supervisor, Shasta-Trinity National Forest. [FR Doc. E8–17994 Filed 8–7–08; 8:45 am] BILLING CODE 3410–11–M DEPARTMENT OF AGRICULTURE Forest Service Shasta-Trinity National Forest, California; Shasta-Trinity National Forest Motorized Travel Management EIS Forest Service, USDA. Notice of intent to prepare an Environmental Impact Statement. AGENCY: pwalker on PROD1PC71 with NOTICES ACTION: SUMMARY: The Shasta-Trinity National Forest (Forest) will prepare an Environmental Impact Statement to disclose the impacts associated with the following proposed actions: 1. Prohibition of cross-country motorized vehicle travel (with the exception of snowmobiles) off designated National Forest System (NFS) roads, NFS trails and areas by the public except as allowed by permit or other authorization (Travel Management Rule, 36 CFR Part 212, Subpart B). 2. Amend the Forest Land and Resource Management Plan (Plan) to conform with the Travel Management Rule, Subpart B, by removing reference to OHV cross-country travel in the Forest Plan and include as a forest-wide standard ‘‘Prohibit wheeled vehicle travel off designated roads and trails except for administrative use or uses under permitted activities or within designated areas.’’ 3. Add approximately 32 miles of existing unauthorized routes to the National Forest Transportation System (NFTS) as roads open to the public for wheeled motorized vehicle use by vehicle class and season of use. 4. Add approximately 11 miles of existing unauthorized routes to the NFTS as motorized trails open to the public for wheeled motorized vehicle use by vehicle class and season of use. 5. Restrict use below the high-water mark at Shasta Lake and Trinity Lake, (within the Shasta-Trinity National Recreation Area) to only highway legal vehicles and provide a maximum speed limit of 15 miles per hour (mph). DATES: The comment period on the proposed action will extend 30 days from the date the Notice of Intent is published in the Federal Register. Completion of the Draft Environmental Impact Statement (DEIS) is expected in January 2009 and the VerDate Aug<31>2005 17:25 Aug 07, 2008 Jkt 214001 Final Environmental Impact Statement (FEIS) is expected in July 2009. ADDRESSES: Send written comments to: Travel Management Team, ShastaTrinity National Forest, 3644 Avtech Parkway, Redding, CA 96002. Electronic comments may be submitted to comments-pacificsouthwest-shastatrinity@fs.fed.us with Subject: Motorized Travel. FOR FURTHER INFORMATION CONTACT: Robert Remillard, Shasta-Trinity National Forest, 3644 Avtech Parkway, Redding, CA 96002, Phone: (530) 226– 2421, Fax: (530) 226–2470, e-mail: rremillard@fs.fed.us. SUPPLEMENTARY INFORMATION: Background Over the past few decades, the availability and capability of motorized vehicles, particularly off-highway vehicles (OHVs) and sport utility vehicles (SUVs) has increased tremendously. Nationally, the number of OHV users has climbed sevenfold in the past 30 years, from approximately 5 million in 1972 to 36 million in 2000. The ten states with the largest population also have the most OHV users. California has 4.35 million OHV users accounting for almost 11% of the U.S. total (Off-Highway Vehicle Recreation in the United States, Regions and States: A National Report from the National Survey on Recreation and the Environment (NSRE) Cordell, Betz, Green and Owens June 2005). There were 786,914 ATVs and OHV motorcycles registered in 2004, up 330% since 1980. Annual sales of ATVs and OHV motorcycles in California were the highest in the U.S. for the last 5 years. Four-wheel drive vehicle sales in California also increased by 1500% to 3,046,866 from 1989 to 2002. Unmanaged OHV use has resulted in unplanned roads and trails, erosion, watershed and habitat degradation, and impacts to cultural resource sites. Compaction and erosion are the primary effects of OHV use on soils. Riparian areas and aquatic dependent species are particularly vulnerable to OHV use. Unmanaged recreation, including impacts from OHVs, is one of ‘‘Four Key Threats Facing the Nation’s Forests and Grasslands.’’ (USDA Forest Service, June 2004). On August 11, 2003, the Pacific Southwest Region of the Forest Service entered into a Memorandum of Intent (MOT) with the California Off-Highway Motor Vehicle Recreation Commission, and the Off-Highway Motor Vehicle Recreation Division of the California Department of Parks and Recreation. That MOI set in motion a region-wide PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 effort to ‘‘Designate OHV roads, trails, and any specifically defined open areas for motorized wheeled vehicles on maps of the 19 National Forests in California by 2007.’’ On November 9, 2005, the Forest Service published final travel management regulations in the Federal Register (FR Vol. 70, No. 216–Nov. 9, 2005, pp 68264–6829 1). Subpart B of the final Travel Management Rule requires designation of those roads, trails, and areas that are open to motor vehicle use on National Forests. Route designations will be made by class of vehicle and, if appropriate, by time of year. The final rule allows for motor vehicle use only on designated system routes and in designated areas. On some NFS lands, long managed as open to cross-country motor vehicle travel, repeated use has resulted in unplanned, unauthorized, roads and trails. These routes generally were developed without environmental analysis or public involvement, and do not have the same status as NFS roads and NFS trails included in the forest transportation system. Nevertheless, some unauthorized routes are wellsited, provide excellent opportunities for outdoor recreation by motorized and non-motorized users, and would enhance the National Forest system of designated roads, trails and areas. Other unauthorized routes are poorly located and cause unacceptable impacts. Only NFS roads and NFS trails can be designated for wheeled motorized vehicle use. For an unauthorized route to be designated, it must first be added to the national forest transportation system (NFTS). In accordance with the Memorandum of Intent, the Forest recently completed an inventory of unauthorized routes on NFS lands and identified approximately 5,085 unauthorized routes totaling 1,198 miles. The Forest then used an interdisciplinary process to conduct travel analysis to determine whether any of the unauthorized routes should be proposed for addition to the NFTS in this proposed action. A number of routes were identified which could be considered in this or future decisions on the NFTS as a part of travel management on the Forest. The Responsible Official has made decisions on what, if any, changes to the existing NFTS would be a part of this proposed action. Roads, trails and areas that are currently part of the Forest transportation system and are open to wheeled motorized vehicle travel will remain designated for such unless changed by this proposal. This proposal focuses only on the prohibition of wheeled motorized vehicle travel off E:\FR\FM\08AUN1.SGM 08AUN1

Agencies

[Federal Register Volume 73, Number 154 (Friday, August 8, 2008)]
[Notices]
[Pages 46236-46238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17994]


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DEPARTMENT OF AGRICULTURE

Forest Service


Shasta-Trinity National Forest, California; Supplemental 
Environmental Impact Statement for the Pilgrim Vegetation Management 
Project

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to supplement an Environmental Impact 
Statement.

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

SUMMARY: The Shasta-Trinity National Forest will prepare a Supplemental 
Environmental Impact Statement (SETS) for the Pilgrim Vegetation 
Management Project to present additional information consistent with 
the court ruling Conservation Congress v. Forest Service, Case No. 07-
0264 (E.D. Cal., May 13, 2008). This action will require modification 
of the current Project Level Management Indicator Assemblage Report for 
the Pilgrim Vegetation Management Project dated February 15, 2007.

DATES: The draft SETS is expected to be issued in September 2008 and 
the final SETS expected in November 2008.

ADDRESSES: Shasta-McCloud Management Unit, 204 W. Alma St., Mt. Shasta, 
California 96067.

FOR FURTHER INFORMATION CONTACT: Deimis Poehlmann, Planning Officer, 
Shasta-McCloud Management Unit, McCloud Ranger Station, P.O. Box 1620, 
McCloud, California 96057, telephone (530) 926-9656 or via e-mail at 
dpoehlmann@fs.fed.us.

SUPPLEMENTARY INFORMATION: The Forest Service is proposing to prepare a 
supplement to the final environmental impact statement for the Pilgrim 
Vegetation Management Project in

[[Page 46237]]

accordance with FSH 1909.15--Chapter 10--Section 18.1 and Section 18.2.
    The Record of Decision (ROD), Pilgrim Vegetation Management Project 
Final Environmental Impact Statement (FEIS) and other relevant 
documentation can be found on the Shasta McCloud Management Unit 
website at: https://www.fs.fed.us/r5/shastatrinity/projects/smmu-
projects.shtml.
    The original Notice of Intent for this project was published in the 
Federal Register February 14, 2005. The Notice of Availability of the 
Pilgrim Vegetation Management Project Draft Environmental Impact 
Statement was published in the Federal Register on June 23, 2006. In 
June 1, 2007, a ROD was issued. This decision was appealed on August 5, 
2007 and August 6, 2007. The Appeal Deciding Officer upheld the 
decision on September 18, 2007. A motion for summary judgment was filed 
by Conservation Congress and Klamath Forest Alliance in the United 
States District Court for the Eastern District of California on March 
17, 2008.
    In the recent court ruling concerning the ROD for the Pilgrim 
Vegetation Management Project, Conservation Congress v. Forest Service, 
Case No. 07-0264 (E.D. Cal., May 13, 2008), the court ruled the Forest 
Service did not fully comply with its monitoring obligations for 
certain species as outlined in the forest plan, and remanded the matter 
to the agency for further action consistent with the order. This SEIS 
will address and respond to the specific issues identified in the court 
ruling.

Purpose and Need for Action

    The draft SEIS will not change the purpose and need for the Pilgrim 
Vegetation Management Project as described in Chapter 1, pages 1 
through 15, of the FEIS. The draft SEIS will provide additional 
analysis and supplemental information specific to the issues identifed 
in the court ruling, Conservation Congress v. Forest Service, Case No. 
07-0264 (E.D. Cal., May 13, 2008), and document the analysis and 
changes made within the Project Level Management Indicator Assemblage 
Report (Appendix L) and within the FEIS as necessary.

Proposed Action

    The proposed action and alternatives will remain the same as 
described in Chapter 2, pages 17 through 33, of the FEIS. In summary, 
the FEIS considers four alternatives in detail. Alternative 4 is the no 
action alternative. Alternative 1, the Preferred Alternative, would 
restore forest health and ecosystem functions by commercial thinning 
and sanitation harvest on approximately 3100 acres of overstocked 
coniferous stands, sanitation and salvage harvest on approximately 10 
acres of knobcone pine, and regeneration of approximately 415 acres of 
diseased and insect infested stands--15% green tree retention will not 
be met on approximately 255 of these acres because there are not enough 
disease-free trees to meet this standard. All regeneration units will 
be replanted with healthy conifer seedlings. Alternative 1 would also 
release approximately 20 acres of aspen by removing competing conifers, 
restore approximately 275 acres of dry meadows by removal of 
encroaching conifer trees, underburn approximately 200 acres of natural 
and activity fuels, mechanically pile and burn approximately 700 acres 
of activity fuels, close approximately 10 miles of roads to reduce 
maintenance costs, decommission approximately 2 miles of roads not 
needed for future management, reconstruct one road-stream crossing, and 
construct approximately 0.3 miles of new road needed for present and 
future management. Alternative 2 is the same as Alternative 1 except 
that on approximately 535 acres of proposed thinning/sanitation, canopy 
closure would be maintained at 60% on average. Alternative 3 is the 
same as Alternative 1 except that on approximately 415 acres of 
regeneration harvest, 15% of the area would be retained in trees that 
are generally the largest and/or oldest trees in the stands even though 
they are diseased.

Lead and Cooperating Agencies

    Lead Agency: USDA, Forest Service.

Responsible Official

    J. Sharon Heywood, Forest Supervisor, Shasta-Trinity National 
Forest, 3644 Avtech Parkway, Redding, CA 96002.

Nature of Decision To Be Made

    The Responsible Official will review the supplemental information 
and determine if any modifications should be made to the June 1, 2007 
ROD.

Scoping Process

    Scoping is not required for supplements to environmental impact 
statements (40 CFR 1502.9(c)4).

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft SETS will be prepared for comment. A legal notice will be 
published in the newspaper of record and a Notice of Availability will 
be published in the Federal Register to inform the public that 
supplemental information is available for review and comment. The draft 
SETS will be distributed to all parties that received the 2007 FETS and 
ROD and to those parties that filed an appeal of the 2007 decision. The 
comment period on the draft SEIS will be 45 days from the date the 
Environmental Protection Agency publishes the notice of availability in 
the Federal Register.
    The Forest Service believes it is important to give reviewers 
notice of several court rulings related to public participation in the 
environmental review process. First, reviewers of draft SETS 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 SETS stage but are not 
raised until after completion of the final SETS may be 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. Timely submittal of comments and objections 
to the Forest Service ensures they can be meaningfully considered and 
responded to in the final SETS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft SETS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft supplement. Comments may also 
address the adequacy of the draft SEIS or the merits of the 
alternatives fonnulated and discussed in the statement. In addressing 
these points, 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.
    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 46238]]


    Dated: July 29, 2008.
J. Sharon Heywood,
Forest Supervisor, Shasta-Trinity National Forest.
[FR Doc. E8-17994 Filed 8-7-08; 8:45 am]
BILLING CODE 3410-11-M
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