Motorized Vehicle Use on the Rogue River-Siskiyou National Forest, 50299-50301 [E8-19675]
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50299
Notices
Federal Register
Vol. 73, No. 166
Tuesday, August 26, 2008
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS–TM–08–0077; TM–08–11]
Request for an Extension to a
Currently Approved Information
Collection
Agricultural Marketing Service,
USDA.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), this notice
announces the Agricultural Marketing
Service’s (AMS) intention to request
approval from the Office of Management
and Budget, for an extension of the
currently approved information
collection for the Farmers Market
Questionnaire.
Comments received by October
27, 2008 will be considered.
Additional Information or Comments:
Contact Ed Ragland, Marketing Services
Division, Transportation and Marketing
Programs, Agricultural Marketing
Service, U.S. Department of Agriculture,
1400 Independence Ave., SW., Room
2646 South Building, Ag Stop 0269,
Washington, DC 20250–0269; 202–720–
8317. Comments should reference
Docket No. AMS–TM–08–0077; TM–08–
11.
SUPPLEMENTARY INFORMATION:
Title: Farmers Market Questionnaire.
OMB Number: 0581–0169.
Expiration Date of Approval: April 30,
2009.
Type of Request: Extension to the
currently approved information
collection.
Abstract: Under the Agricultural
Marketing Act of 1946, as amended (7
U.S.C. 1621 et seq.), AMS is responsible
for conducting research to enhance
market access for small- and mediumsized farmers. The role of the Marketing
sroberts on PROD1PC76 with NOTICES
DATES:
VerDate Aug<31>2005
00:53 Aug 26, 2008
Jkt 214001
Services Division (MSD) of AMS is to
facilitate distribution of U.S.
agricultural products. The division
identifies marketing opportunities,
provides analysis to help take advantage
of those opportunities and develops and
evaluates solutions including improving
farmers markets and other direct-toconsumer marketing activities. Various
types of farmers markets serve different
parts of the food marketing chain but all
focus on the small- to medium-sized
agricultural producers that have
difficulty obtaining access to large scale
commercial distribution channels.
Information has been collected by the
MSD periodically about the size and
growth of markets, farmers served,
products sold, sales, and management
structure to better monitor how this
marketing channel changes over time
and the impact farmers markets have on
the farming community nationwide.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average .316 hours per
response.
Respondents: Farmers market
managers.
Estimated Number of Respondents:
4700.
Estimated Number of Responses:
1622.
Estimated Number of Responses per
Respondent: .345.
Estimated Total Annual Burden on
Respondents: 512 hours.
Comments are invited on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
practical utility; (2) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Comments may be sent to the following
addresses:
• Mail: Ed Ragland, Marketing
Services Division, Transportation and
Marketing Programs, Agricultural
Marketing Services, U.S. Department of
PO 00000
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Fmt 4703
Sfmt 4703
Agriculture, 1400 Independence Ave.,
SW., Room 2646 South Building, Ag
Stop 0269, Washington, DC 20250–
0269.
• Internet: https://
www.regulations.gov.
All written comments should be
identified with the docket number
AMS–TM–08–0077; TM–08–11. It is our
intention to have all comments whether
submitted by mail or Internet available
for viewing on the Regulations.gov
(https://www.regulations.gov) Internet
site. Comments submitted will also be
available for public inspection in person
at USDA–AMS, Transportation and
Marketing Programs, Marketing Services
Division, Room 2646–South Building,
1400 Independence Ave., SW.,
Washington, DC, from 9 a.m. to 12 noon
and from 1 p.m. to 4 p.m., Monday
through Friday, (except official Federal
holidays). Persons wanting to visit the
USDA South Building to view
comments received are requested to
make an appointment in advance by
calling (202) 720–8317.
The information collected is used
only by authorized employees of the
USDA, AMS.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
become a matter of public record.
Dated: August 20, 2008.
Lloyd C. Day,
Administrator,Agricultural Marketing
Service.
[FR Doc. E8–19699 Filed 8–25–08; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Forest Service
Motorized Vehicle Use on the Rogue
River-Siskiyou National Forest
Forest Service, USDA.
Notice of Intent to prepare an
Environmental Impact Statement.
AGENCY:
ACTION:
SUMMARY: The Rogue River-Siskiyou
National Forest (Forest) will prepare an
Environmental Impact Statement (EIS)
to document and disclose the potential
environmental effects of establishing
and designating a system of roads, trails
and areas for wheeled motorized
vehicles. The Proposed Action would
designate the location, type of vehicle
and season of use for motorized vehicles
C:\FR\FM\26AUN1.SGM
26AUN1
50300
Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Notices
across the entire Forest in order to meet
the intent of the Travel Management;
Designated Routes and Areas for Motor
Vehicle Use, Final Rule that was
published on November 9, 2005 (70 FR
216). Over-the-snow vehicles are
excluded from this Proposed Action. A
Forest Plan Amendment would be
required to achieve the purpose and
need, and implement the Proposed
Action.
Comments concerning the scope
of the analysis, issues about the
Proposed Action, or alternatives to the
Proposed Action are most helpful if
received within 45 days following the
date that this notice appears in the
Federal Register.
ADDRESSES: Send electronic comments
to: con-iments-pacificnorthwestrogueriver siskiyou@fs.fed.us. Send
written comments to: Travel
Management Team, Rogue River
Siskiyou National Forest, Siskiyou
Mountains Ranger District,
645Washington St., Ashland, OR 97520.
FOR FURTHER INFORMATION CONTACT:
Steve Johnson, Team Leader, Siskiyou
Mountains Ranger District, 645
Washington St., Ashland, OR 97520.
Phone: (541) 552–2900.
SUPPLEMENTARY INFORMATION:
DATES:
sroberts on PROD1PC76 with NOTICES
Background
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. 68264–68291). This final
Travel Management Rule requires
designation of those roads, trails, and
areas that are open to motor vehicle use
by the public on National Forests.
Designations will be made by class of
vehicle and, if appropriate, by time of
year. The final rule prohibits the use of
motor vehicles by the public off the
designated system as well as use of
motor vehicles on routes and in areas
that are not designated. Persons exempt
from the final rule prohibitions would
be those with a permit specifically
authorizing access. Examples include
access to private property, a mining
claim or a communication site.
In June 2007, the Forest hosted a
series of four open houses in southwest
Oregon to provide people an
opportunity to learn more about the
Travel Analysis process that identifies
and designates roads, trails, and areas
open to motor vehicles. In addition,
Forest representatives met with a
number of individuals, groups and
neighboring land management agencies
in order for motorized and nonmotorized users alike to get involved
VerDate Aug<31>2005
00:53 Aug 26, 2008
Jkt 214001
early as we began to gather information
for the project.
Since that time Forest planners and
resource specialists have verified and
completed an inventory of existing open
roads and trails. Currently, there are
approximately 4,620 road miles and
approximately 1,155 trail miles.
Motorized trails account for
approximately 15% (170 miles) of the
total trail miles.
Under the Proposed Action, roads,
trails and areas that are currently part of
the Forest transportation system and are
open to wheeled motorized vehicle
travel would remain designated for such
use except as described below. This
proposal focuses on the designation of
wheeled motorized vehicle routes and
areas. The Proposed Action is being
carried forward in accordance with the
Travel Management Rule (36 CFR Part
212).
In accordance with the rule and
following a decision on this proposal,
the Forest will publish a Motor Vehicle
Use Map (MVUM) identifying all Forest
roads, trails and areas that are
designated open for motor vehicle use
by the public. The MVUM shall specify
the classes of vehicles and, if
appropriate, the times of year for which
use is authorized. The MVUM will be
updated and published annually (or
more frequently if needed) when
changes to the Forest’s transportation
system are made. Future decisions
associated with changes to the MVUM
may trigger the need for documentation
of additional environmental analysis.
Purpose and Need
The purpose for action is to enact the
Travel Management Rule. Motorized use
is a popular use and is an important
form of recreation for many individuals,
families, and groups. A designated and
managed system is needed to provide
this use. Increased demand for
motorized use, lack of designated areas/
routes, and the inconsistent direction
contained in the Forest Plans, has led to
resource damage and social impacts,
user conflicts, and safety concerns.
Proposed Action
Based on the stated purpose and need
for action and as a result of the recent
Travel Analysis process, the Forest
proposes to:
• Prohibit motorized public access on
approximately 60–65 miles of roads
currently open in order to minimize or
reduce resource damage;
• Formally designate approximately
3,390 miles of road where mixed use
would be allowed. Mixed use is defined
as designation of a National Forest
System (NFS) road for use by both
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
highway-legal and non-highway-legal
motor vehicles;
• Construct two motorized trails to
provide loop route opportunities
(approximately 2 miles);
• Convert approximately 20–25 miles
of NFS roads to motorized trails;
• Designate two areas where off-road
motorized use is allowed. This includes
continued use of the Woodruff area near
Prospect and the development of an
additional area near Willow Lake. Both
areas are located on the High Cascades
Ranger District; and
• Enact Forest Plan amendments to
make the plans consistent with the
Travel Management Rule. The Rogue
River-Siskiyou National Forest is guided
by two separate Forest Plans.
Maps illustrating the Proposed Action
can found at: https://www.fs.fed.us/r6/
rogue siskiyou/projects/travel/.
In addition, maps will be available for
viewing at:
Forest Supervisor’s Office, 3040 Biddle
Road, Medford, OR 97504
Gold Beach Ranger District, 29279
Ellensburg Ave., Gold Beach, OR
97444 or 539 Chetco Aye, Brookings,
OR 97415
High Cascades Ranger District, 47201
Highway 62, Prospect, OR 97536 or
730 Laurel St., Butte Falls, OR 97522
Powers Ranger District, 42861 Highway
242, Powers, OR 97466
Siskiyou Mountains Ranger District,
6941 Upper Applegate Road,
Jacksonville, OR 97530 or 645
Washington Street, Ashland, OR
97520
Wild Rivers Ranger District, 2164 N.E.
Spalding Avenue, Grants Pass, OR
97526 or 26568 Redwood Hwy., Cave
Junction, OR 97523
Responsible Official
The Forest Supervisor, Scott D.
Conroy, is the Responsible Official for
making the decision and providing
direction for the analysis under the
National Environmental Policy Act
(NEPA).
Scoping and NEPA Process
Public participation will be especially
important at several points during the
analysis. The Forest Service will be
seeking information, comments, and
assistance from the federal, state, and
local agencies and other individuals or
organizations who may be interested in
or affected by the Proposed Action.
The Draft Environmental Impact
Statement is expected to be filed with
the Environmental Protection Agency
(EPA) and to be available for public
review by December 2008. EPA will
publish a notice of availability (NOA) of
the Draft EIS in the Federal Register.
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Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Notices
The comment period on the Draft EIS
will extend 45 days from the date the
EPA publishes the NOA in the Federal
Register. At that time, copies of the
Draft EIS will be distributed to
interested and affected agencies,
organizations, and members of the
public for their review and comment. It
is very important that those interested
in the management of the Rogue RiverSiskiyou National Forest participate at
that time. Submission of comments in
response to the Draft EIS is a
prerequisite for eligibility to appeal
under the 36 CFR part 217 regulations.
The Final EIS is scheduled to be
completed in February 2009. In the
Final EIS, the Forest Service will
respond to comments received during
the comment period that pertain to the
environmental consequences discussed
in the Draft EIS and applicable laws,
regulations, and policies considered in
making the decision.
sroberts on PROD1PC76 with NOTICES
Comment Requested
This Notice of Intent initiates the
scoping process which guides the
development of the Environmental
Impact Statement. 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.
The Forest Service believes, at this
early stage, it is important to give
reviewers notice of several court rulings
related to public participation in the
environmental review process. First,
reviewers of Draft Environmental
Impact Statements must structure their
participation in the environmental
review of the proposal so that it is
meaningful and alerts an agency to the
reviewer’s position and contentions
(Vermont Yankee Nuclear Power Corp.
v. NRDC, 435 U.S. 519, 553 (1978)).
Also, environmental objections that
could be raised at the Draft
Environmental Impact Statement stage,
but that are not raised until after
completion of the Final Environmental
Impact Statement may be waived or
dismissed by the courts. City of Angoon
v. Hodel, 803 F.2d 1016, 1022 (9th Cir.
1986) and Wisconsin Heritages, Inc. v.
Harris, 490 F. Supp. 1334, 1338 (E.D.
Wis. 1980). Because of these court
rulings, it is very important that those
interested in this Proposed Action
participate by the close of the 45 day
comment period so that substantive
comments and objections are made
available to the Forest Service at a time
when it can meaningfully consider them
and respond to them in the Final
Environmental Impact Statement.
VerDate Aug<31>2005
00:53 Aug 26, 2008
Jkt 214001
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 Environmental
Impact 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.
(Authority: 40 CFR 1501.7 and 1508.22;
Forest Service Handbook 1909.15, Section
21)
Dated: August 18, 2008.
Scott D. Conroy,
Forest Supervisor, Rogue River-Siskiyou
National Forest.
[FR Doc. E8–19675 Filed 8–25–08; 8:45 am]
BILLING CODE 3410–11–M
Forest Service
Sequoia National Forest, Western
Divide Ranger District; California; Tule
River Reservation Protection Project
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
ACTION:
SUMMARY: The proposed project is to
reduce surface and ladder fuels on
approximately 1,574 acres by
constructing fuel breaks, treating
planted stands, and prescribed burning
between planted stands and fuel breaks.
The purpose of the project is to respond
to a proposal from the Tule River Tribal
Council under the Tribal Forest
Protection Act and to reduce the spread
of wildland fire starting on the Sequoia
National Forest or private lands onto the
Tule River Indian Reservation.
DATES: Comments concerning the scope
of the analysis must be received by
Wednesday, September 24, 2008. The
draft environmental impact statement is
expected June 2009 and the final
environmental impact statement is
expectedNovember 2009.
ADDRESSES: Send written comments to
Priscilla Summers, District Ranger,
Western Divide Ranger District, 32588
Hwy 190, Springville, CA 93265.
FOR FURTHER INFORMATION CONTACT:
Teresa Sue, Planner, Western Divide
Frm 00003
Fmt 4703
Ranger District, 32588 Hwy 190,
Springville, CA 93265.
In July
2004, Congress passed the Tribal Forest
Protection Act (Act). The Act was in
response to devastating wildfires that
started on Federal lands and crossed
onto adjacent Tribal lands. The Act
provides a tool for tribes to propose
work that will reduce the threat of fires
starting on Federal lands from spreading
onto trust lands for Indian tribes. The
Act allows tribes to enter into contracts
and agreements with the U.S. Forest
Service or Bureau of Land Management
to accomplish the work.
In October 2005, the Tule River Tribal
Council submitted a project proposal to
the Forest Supervisor of the Sequoia
National Forest under the authority of
the Tribal Forest Protection Act of 2004.
The Pacific Southwest RegionalForester
granted authority to work with the Tule
River Tribal Council on their proposal.
This project is the first under this
authority. Subsequent projects will be
analyzed separately.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
DEPARTMENT OF AGRICULTURE
PO 00000
50301
Sfmt 4703
To respond to the proposal from the
Tule River Tribal Council under the
TribalForest Protection Act and to
reduce the risk of wildland fire starting
on the Sequoia National Forest or
private lands from spreading onto the
Tule RiverIndian Reservation by
reducing surface and ladder fuels.
Proposed Action
The proposed action is to reduce
surface and ladder fuels on
approximately 1,574 acres along the
northern boundary between the Sequoia
National Forest,Giant Sequoia National
Monument, and the Tule River Indian
Reservation. The proposed action
includes the construction of shaded fuel
breaks along ridgelines, private land,
and roads; the reduction of fuels in
planted stands by thinning, limbing and
removing brush; disposal of resulting
fuels by pile and burning, jackpot
burning, or utilizing biomass as
commercial and/or personal fuel; and
prescribed burn between planted stands
and shaded fuel breaks.
Responsible Official
Tina Terrell, Forest Supervisor,
Sequoia National Forest, 1839 South
NewcombStreet, Porterville, CA 93257.
Nature of Decision To Be Made
The decision to be made is whether or
not to approve the fuels reduction
project as described. The decision will
not include a Forest Plan Amendment.
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]]>Agencies
[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Notices]
[Pages 50299-50301]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19675]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Motorized Vehicle Use on the Rogue River-Siskiyou National Forest
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent to prepare an Environmental Impact Statement.
-----------------------------------------------------------------------
SUMMARY: The Rogue River-Siskiyou National Forest (Forest) will prepare
an Environmental Impact Statement (EIS) to document and disclose the
potential environmental effects of establishing and designating a
system of roads, trails and areas for wheeled motorized vehicles. The
Proposed Action would designate the location, type of vehicle and
season of use for motorized vehicles
[[Page 50300]]
across the entire Forest in order to meet the intent of the Travel
Management; Designated Routes and Areas for Motor Vehicle Use, Final
Rule that was published on November 9, 2005 (70 FR 216). Over-the-snow
vehicles are excluded from this Proposed Action. A Forest Plan
Amendment would be required to achieve the purpose and need, and
implement the Proposed Action.
DATES: Comments concerning the scope of the analysis, issues about the
Proposed Action, or alternatives to the Proposed Action are most
helpful if received within 45 days following the date that this notice
appears in the Federal Register.
ADDRESSES: Send electronic comments to: con-iments-pacificnorthwest-
rogueriver siskiyou@fs.fed.us. Send written comments to: Travel
Management Team, Rogue River Siskiyou National Forest, Siskiyou
Mountains Ranger District, 645Washington St., Ashland, OR 97520.
FOR FURTHER INFORMATION CONTACT: Steve Johnson, Team Leader, Siskiyou
Mountains Ranger District, 645 Washington St., Ashland, OR 97520.
Phone: (541) 552-2900.
SUPPLEMENTARY INFORMATION:
Background
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. 68264-68291). This final Travel Management Rule
requires designation of those roads, trails, and areas that are open to
motor vehicle use by the public on National Forests. Designations will
be made by class of vehicle and, if appropriate, by time of year. The
final rule prohibits the use of motor vehicles by the public off the
designated system as well as use of motor vehicles on routes and in
areas that are not designated. Persons exempt from the final rule
prohibitions would be those with a permit specifically authorizing
access. Examples include access to private property, a mining claim or
a communication site.
In June 2007, the Forest hosted a series of four open houses in
southwest Oregon to provide people an opportunity to learn more about
the Travel Analysis process that identifies and designates roads,
trails, and areas open to motor vehicles. In addition, Forest
representatives met with a number of individuals, groups and
neighboring land management agencies in order for motorized and non-
motorized users alike to get involved early as we began to gather
information for the project.
Since that time Forest planners and resource specialists have
verified and completed an inventory of existing open roads and trails.
Currently, there are approximately 4,620 road miles and approximately
1,155 trail miles. Motorized trails account for approximately 15% (170
miles) of the total trail miles.
Under the Proposed Action, roads, trails and areas that are
currently part of the Forest transportation system and are open to
wheeled motorized vehicle travel would remain designated for such use
except as described below. This proposal focuses on the designation of
wheeled motorized vehicle routes and areas. The Proposed Action is
being carried forward in accordance with the Travel Management Rule (36
CFR Part 212).
In accordance with the rule and following a decision on this
proposal, the Forest will publish a Motor Vehicle Use Map (MVUM)
identifying all Forest roads, trails and areas that are designated open
for motor vehicle use by the public. The MVUM shall specify the classes
of vehicles and, if appropriate, the times of year for which use is
authorized. The MVUM will be updated and published annually (or more
frequently if needed) when changes to the Forest's transportation
system are made. Future decisions associated with changes to the MVUM
may trigger the need for documentation of additional environmental
analysis.
Purpose and Need
The purpose for action is to enact the Travel Management Rule.
Motorized use is a popular use and is an important form of recreation
for many individuals, families, and groups. A designated and managed
system is needed to provide this use. Increased demand for motorized
use, lack of designated areas/routes, and the inconsistent direction
contained in the Forest Plans, has led to resource damage and social
impacts, user conflicts, and safety concerns.
Proposed Action
Based on the stated purpose and need for action and as a result of
the recent Travel Analysis process, the Forest proposes to:
Prohibit motorized public access on approximately 60-65
miles of roads currently open in order to minimize or reduce resource
damage;
Formally designate approximately 3,390 miles of road where
mixed use would be allowed. Mixed use is defined as designation of a
National Forest System (NFS) road for use by both highway-legal and
non-highway-legal motor vehicles;
Construct two motorized trails to provide loop route
opportunities (approximately 2 miles);
Convert approximately 20-25 miles of NFS roads to
motorized trails;
Designate two areas where off-road motorized use is
allowed. This includes continued use of the Woodruff area near Prospect
and the development of an additional area near Willow Lake. Both areas
are located on the High Cascades Ranger District; and
Enact Forest Plan amendments to make the plans consistent
with the Travel Management Rule. The Rogue River-Siskiyou National
Forest is guided by two separate Forest Plans.
Maps illustrating the Proposed Action can found at: https://
www.fs.fed.us/r6/rogue siskiyou/projects/travel/.
In addition, maps will be available for viewing at:
Forest Supervisor's Office, 3040 Biddle Road, Medford, OR 97504
Gold Beach Ranger District, 29279 Ellensburg Ave., Gold Beach, OR 97444
or 539 Chetco Aye, Brookings, OR 97415
High Cascades Ranger District, 47201 Highway 62, Prospect, OR 97536 or
730 Laurel St., Butte Falls, OR 97522
Powers Ranger District, 42861 Highway 242, Powers, OR 97466
Siskiyou Mountains Ranger District, 6941 Upper Applegate Road,
Jacksonville, OR 97530 or 645 Washington Street, Ashland, OR 97520
Wild Rivers Ranger District, 2164 N.E. Spalding Avenue, Grants Pass, OR
97526 or 26568 Redwood Hwy., Cave Junction, OR 97523
Responsible Official
The Forest Supervisor, Scott D. Conroy, is the Responsible Official
for making the decision and providing direction for the analysis under
the National Environmental Policy Act (NEPA).
Scoping and NEPA Process
Public participation will be especially important at several points
during the analysis. The Forest Service will be seeking information,
comments, and assistance from the federal, state, and local agencies
and other individuals or organizations who may be interested in or
affected by the Proposed Action.
The Draft Environmental Impact Statement is expected to be filed
with the Environmental Protection Agency (EPA) and to be available for
public review by December 2008. EPA will publish a notice of
availability (NOA) of the Draft EIS in the Federal Register.
[[Page 50301]]
The comment period on the Draft EIS will extend 45 days from the date
the EPA publishes the NOA in the Federal Register. At that time, copies
of the Draft EIS will be distributed to interested and affected
agencies, organizations, and members of the public for their review and
comment. It is very important that those interested in the management
of the Rogue River-Siskiyou National Forest participate at that time.
Submission of comments in response to the Draft EIS is a prerequisite
for eligibility to appeal under the 36 CFR part 217 regulations.
The Final EIS is scheduled to be completed in February 2009. In the
Final EIS, the Forest Service will respond to comments received during
the comment period that pertain to the environmental consequences
discussed in the Draft EIS and applicable laws, regulations, and
policies considered in making the decision.
Comment Requested
This Notice of Intent initiates the scoping process which guides
the development of the Environmental Impact Statement. 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.
The Forest Service believes, at this early stage, it is important
to give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
Draft Environmental Impact Statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's position and
contentions (Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
553 (1978)). Also, environmental objections that could be raised at the
Draft Environmental Impact Statement stage, but that are not raised
until after completion of the Final Environmental Impact Statement may
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,
it is very important that those interested in this Proposed Action
participate by the close of the 45 day comment period so that
substantive comments and objections are made available to the Forest
Service at a time when it can meaningfully consider them and respond to
them in the Final Environmental Impact Statement.
To assist the Forest Service in identifying and considering issues
and concerns on the Proposed Action, comments on the Draft
Environmental Impact Statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
Draft Environmental Impact 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.
(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21)
Dated: August 18, 2008.
Scott D. Conroy,
Forest Supervisor, Rogue River-Siskiyou National Forest.
[FR Doc. E8-19675 Filed 8-25-08; 8:45 am]
BILLING CODE 3410-11-M
