Black Hills National Forest, Mystic Ranger District, SD, Slate Castle Project Area, 67118-67120 [E8-26797]

Download as PDF 67118 Notices Federal Register Vol. 73, No. 220 Thursday, November 13, 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 Submission for OMB Review; Comment Request mstockstill on PROD1PC66 with NOTICES November 7, 2008. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), OIRA_Submission@OMB.EOP.GOV or fax (202) 395–5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250– 7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling (202) 720–8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to VerDate Aug<31>2005 17:13 Nov 12, 2008 Jkt 217001 the collection of information unless it displays a currently valid OMB control number. statement on a proposal to use multiple vegetation treatments focused on reducing the threat to ecosystem components including forest resources Rural Utility Service from an existing insect and disease Title: 7 CFR 1780, Water and Waste epidemic (mountain pine beetle), Loan and Grant Program. creating a landscape condition more OMB Control Number: 0572–0121. adapted to fire and that reduces Summary of Collection: Section 306 of potential for high severity wildfire near the Consolidated Farm and Rural at-risk communities and in the Development Act (CONACT), 7 U.S.C. wildland-urban interface. The proposal 1926, authorizes Rural Utilities Service is being planned for the 44,500 acre (RUS) to make loans to public agencies, Slate Castle Project Area that includes nonprofit corporations, and Indian about 38,300 acres of National Forest tribes for the development of water and System land and about 6,200 acres of waste disposal facilities primarily interspersed private land. The project servicing rural residents with area generally extends from northwest populations up to 10,000 residents. of Hill City, South Dakota and east of Need and Use of the Information: Deerfield Lake. This project will be Rural Development’s field offices will conducted as an authorized project collect information from applicants/ under Section 102 of the Healthy borrowers and consultants to determine Forests Restoration Act of 2003 (HFRA). eligibility and project feasibility. The Actions proposed for the Slate Castle information will help to ensure Project Area include the following: borrowers operate on a sound basis and • Thin and harvest approximately use loan funds for authorized purposes. 31,000 acres of pine stands using a There are agency forms required as well variety of methods to treat mountain as other requirements that involve pine beetle (MPB) infested stands, certifications from the borrower, reduce the overall density of pine trees lenders, and other parties. Failure to and create a mosaic of structural stages collect proper information could result across the landscape. Both commercial in improper determinations of harvest and noncommercial thinning eligibility, use of funds and or unsound will be used to reduce the stand density, loans. and associated fuel hazard conditions Description of Respondents: State, and susceptibility to mountain pine Local or Tribal Government; Not-forbeetle infestations. profit institutions. • Reduce the amount of fuels that Number of Respondents: 7,000. currently exists and that created by Frequency of Responses: vegetation treatment activities. Recordkeeping; Reporting: On occasion; Treatment could include lopping, Annually; Weekly. chipping, crushing, piling and burning, Total Burden Hours: 133,309. and creating fuel breaks along roads and adjacent to private property, particularly Charlene Parker, those properties with houses and Departmental Information Collection subdivisions. Prescribed broadcast and Clearance Officer. pile burning of up to 35,000 acres is also [FR Doc. E8–26937 Filed 11–12–08; 8:45 am] planned to disrupt the continuity of BILLING CODE 3410–15–P surface and canopy fuels, and to increase the quantity and quality of forage for big game and other wildlife DEPARTMENT OF AGRICULTURE resources. Forest Service • Remove conifers from hardwood stands such as aspen and birch, and Black Hills National Forest, Mystic restore meadows on approximately Ranger District, SD, Slate Castle 4,400 acres to provide habitat diversity Project Area and additional wildfire protection by restoring natural fuel breaks. AGENCY: Forest Service, USDA. DATES: Comments concerning the scope ACTION: Notice of intent to prepare an of the analysis would be most useful if Environmental Impact Statement (EIS). received by 30-days following the date of this notice. The draft environmental SUMMARY: The Forest Service will impact statement is expected to be prepare an environmental impact PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\13NON1.SGM 13NON1 Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices mstockstill on PROD1PC66 with NOTICES available for public review by March 2009 and the final environmental impact statement is expected to be completed by July 2009. ADDRESSES: Send written comments to Robert J. Thompson, District Ranger, Black Hills National Forest, Mystic Ranger District, Slate Castle Project Area, 8221 South Highway 16, Rapid City, South Dakota 57702. Telephone Number: (605) 343–1567. E-mail: comments-rocky-mountain-black-hillsmystic@fs.fed.us with ‘‘Slate Castle’’ as the subject. Electronic comments must be readable in Word, Rich Text or PDF formats. FOR FURTHER INFORMATION CONTACT: If you have any questions or need additional information, please contact Katie Van Alstyne, Team Leader or Robert J. Thompson, District Ranger, at the Mystic Ranger District office in Rapid City at (605) 343–1567. SUPPLEMENTARY INFORMATION: The actions proposed are in direct response to management direction provided by the Black Hills National Forest Land and Resource Management Plan (Forest Plan). The site specific actions are designed, based on Forest Plan Standards and Guidelines, to move existing resource conditions in the Slate Castle Project Area toward meeting Forest Plan Goals and Objectives. The project area generally extends from northwest of Hill City, South Dakota and east of Deerfield Lake. Anticipated issues include: reducing MPB infestation and risk; protecting local communities, private and public lands, infrastructure and access from severe wildfire; associated fire and fuels hazard reduction needs in the wildland-urban interface; support or opposition to forest thinning using commercial timber harvest; impacts of vegetation treatment and multiple forest uses on wildlife habitat. The range of alternatives analyzed in the EIS is expected to be consistent with Sec. 104 of HFRA. Purpose and Need for Action The purpose of the Slate Castle Project is to: • Move toward achieving desired land and resource conditions, as provided by the Forest Plan. • Reduce the threat to ecosystem components including forest resources, from the existing insect and disease (mountain pine beetle) epidemic. • Restore resource conditions to a healthy, resilient fire-adapted ecosystem. • Help protect local communities and resources from catastrophic wildfire. This project is focused on implementing management actions that move toward achieving: VerDate Aug<31>2005 17:13 Nov 12, 2008 Jkt 217001 • Desired conditions and objectives embodied in Goals 2, 3, 7, and 10 of the Forest Plan (as amended). • Goals and objectives applicable to Forest Plan Management Area (MA) 2.2—Research Natural Areas (∼40 acres); MA 3.7—Late Successional Forest Landscape (∼460 acres); MA 5.1— Resource Production Emphasis (∼23,800 acres); and MA 5.4—Big Game Winter Range Emphasis (∼13,960 acres), that lie within Slate Castle Project Area, described in Chapter III of the Forest Plan (Phase II Amendment). • Goals of the Healthy Forest Restoration Act (HFRA) of 2003 (HR 1904) and other National level initiatives and policy that provide procedural tools to hasten processes focused on reducing insects or disease on public and adjacent private lands, and reducing the probability and occurrence of severe wildfire in the fire adapted ecosystems, especially near at risk communities and in the wildlandurban interface. Moreover, it is appropriate that proposed actions be designed in consideration of the fuels hazard reduction management recommendations and guidelines provided by the Pennington County Community Wildfire Protection Plan of 2007. Proposed Action Proposed actions include the following: • Thin and harvest approximately 31,000 acres of pine stands using a variety of methods to treat MPB infested stands, reduce the overall density of pine trees and create a mosaic of structural stages across the landscape. Both commercial and non-commercial sized trees would be removed utilizing multiple contracts including stewardship, timber sale, and service contracts. • Disrupt the continuity of surface and canopy fuels to help reduce the potential for large-scale, intense wildfire spread. Treatment could include thinning, lopping, chipping, crushing, piling, and burning; restoring natural fuel breaks by removing conifers that have encroached upon meadows and hardwood stands on approximately 4,400 acres; creating fuel breaks along roads and adjacent to private property— particularly those properties with houses and subdivisions. Prescribed broadcast and pile burning of up to 35,000 acres is also planned to reduce the natural, as well as the managementcaused accumulation of fuels and to benefit big game and other wildlife resources. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 67119 Responsible Official Robert J. Thompson, District Ranger, Mystic Ranger District, Black Hills National Forest, 8221 South Highway 16, Rapid City, South Dakota 57702. Nature of Decision To Be Made The decision to be made is whether or not to implement the proposed action or possible alternative at this time. Scoping Process Comments and input regarding the proposal will be received via direct mailing from the public, other groups, and agencies during the initial public comment period in November and December 2008. If you would like to be more involved, a public meeting is scheduled for Tuesday, December 2, 2008, from 7 p.m. to 9 p.m. in the City Hall conference room in Hill City, South Dakota. Comments submitted based on this NOI will be most useful if received within 30 days from the date of this notice. Response to the draft EIS will be sought from the interested public beginning in March 2009. Comment Requested This notice of intent provides information that the agency will prepare an environmental impact statement in response to public comment and feedback during the November and December 2008, scoping period. Comments received will assist the planning team to develop the mailing list for the draft EIS and help identify key issues and opportunities used to refine the proposal or possible alternative and mitigation measures. Comments on the DEIS will be requested during the 45 day comment period following the Notice of Availability, expected to be published in the Federal Register in March 2009 (See discussion below). Early Notice of Importance of Public Participation in Subsequent Environmental Review: 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 reviewers position and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 US. 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 E:\FR\FM\13NON1.SGM 13NON1 67120 Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45-day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21. Dated: November 5, 2008. Craig Bobzien, Forest Supervisor, Black Hills National Forest. [FR Doc. E8–26797 Filed 11–12–08; 8:45 am] BILLING CODE 3410–11–M DEPARTMENT OF AGRICULTURE Forest Service RIN 0596–AC66 Land Management Plan Guidance Forest Service, USDA. Notice of issuance of agency interim directive; request for comment. AGENCY: mstockstill on PROD1PC66 with NOTICES ACTION: SUMMARY: The Forest Service is issuing an interim directive revising Forest Service Handbook 1909.12, chapter 10, to guide agency employees in developing, amending, or revising land management plans for units of the National Forest System about the content of land management plans. The chapter focuses particularly on writing plan components, describing the monitoring program, and considering individual resources during the planning process. The intended effect of issuing this interim directive is to provide consistent, overall guidance to VerDate Aug<31>2005 17:13 Nov 12, 2008 Jkt 217001 Forest Service line officers and agency employees. As an interim directive, the direction is effective immediately. Public comment is invited and will be considered in developing a final directive. DATES: Interim directive number 1909.12–2008–2 is effective November 13, 2008. Comments must be received in writing by January 12, 2009. ADDRESSES: Send written comments concerning this interim directive through one of the following methods: E-mail: PlanningDirective2008@fs.fed.us. Include ‘‘planning directives’’ in the subject line of the message. Fax: 202– 205–1012. Please identify your comments by including ‘‘planning directives’’ on the cover sheet or the first page. Mail: Planning Directives; Forest Service; U.S. Department of Agriculture; Ecosystem Management Coordination; Mailstop 1104, 3rd Floor—Center Wing; Washington, DC 20250–1104. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. Persons wishing to inspect the comments are encouraged to call ahead (202–205–0895) to facilitate entrance into the building. The directive is available electronically from the Forest Service via the World Wide Web/Internet at https://www.fs.fed.us/im/directives or at https://www.fs.fed.us/emc/nfma/ index.htm. You may request a compact disc (CD) copy of the interim directive by contacting Regis Terney by email (rterney@fs.fed.us), by phone at 1–866– 235–6652 or 202–205–0895, or by mail at Regis Terney; Forest Service; U.S. Department of Agriculture; Mailstop 1104, EMC, 3 Central; 1400 Independence Avenue, SW.; Washington, DC 20050–1104. FOR FURTHER INFORMATION CONTACT: Regis Terney, Planning Specialist, Ecosystem Management Coordination Staff, 202–205–0895. SUPPLEMENTARY INFORMATION: The Forest Service Directive System consists of the Forest Service Manual (FSM) and the Forest Service Handbook (FSH), which contain the Agency’s policies, practices, and procedures and serve as the primary basis for the internal management and control of programs and administrative direction to Forest Service employees. The directives for all agency programs are set out on the World Wide Web/ Internet at https://www.fs.fed.us/im/ directives. The FSM contains legal authorities, objectives, policies, responsibilities, instructions, and guidance needed on a PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 continuing basis by Forest Service line officers and primary staff to plan and execute programs and activities, while the FSH is the principal source of specialized guidance and instruction for carrying out the policies, objectives, and responsibilities contained in the FSM. On January 31, 2006, the Forest Service, U.S. Department of Agriculture, issued final agency directives for National Forest System Land Management Planning and published a notice of issuance of agency final directives in the Federal Register (71 FR 5124). The final agency directives included FSH 1909.12, chapter 10, ‘‘Land Management Plan.’’ On April 21, 2008, the Department replaced the planning rule for the National Forest System that it had issued in 2005 (2005 rule) (70 FR 1022,), as amended 71 FR 10837, March 3, 2006) with a new planning rule (73 FR 21468, 36 CFR part 219, subpart A). The 2008 planning rule provides broad programmatic direction in developing and carrying out land management planning. The rule explicitly directs the Chief of the Forest Service to establish planning procedures in the Forest Service Directive System (36 CFR 219.1(c)). This interim directive makes necessary changes to FSH 1909.12, Land Management Planning Handbook, chapter 10, to clarify the procedures on writing plan components, on describing the monitoring program, and on considering individual resources to aid consistent interpretation and application of the direction by agency personnel. Our Washington Office review of several proposed land management plans showed that changes in procedural and technical details are necessary. These changes in procedural and technical details associated with carrying out the 2008 planning rule at 36 CFR part 219 are needed immediately for use by units beginning plan revisions or resuming plan revisions under the 2008 rule. Approximately 40 plan revision efforts are currently ongoing. The Forest Service expects 38 unit supervisors of the ongoing current plan revisions to use the 2008 planning rule to finish their plan revisions. In the next few months, many of these units will be developing plan components, monitoring programs, and considering individual resources in collaboration with the public. It is imperative that this direction is effective immediately so that units use the proper procedures. Overview The interim directive guides agency employees to develop, amend, or revise land management plans that meet the E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Pages 67118-67120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26797]


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DEPARTMENT OF AGRICULTURE

Forest Service


Black Hills National Forest, Mystic Ranger District, SD, Slate 
Castle Project Area

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement 
(EIS).

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

SUMMARY: The Forest Service will prepare an environmental impact 
statement on a proposal to use multiple vegetation treatments focused 
on reducing the threat to ecosystem components including forest 
resources from an existing insect and disease epidemic (mountain pine 
beetle), creating a landscape condition more adapted to fire and that 
reduces potential for high severity wildfire near at-risk communities 
and in the wildland-urban interface. The proposal is being planned for 
the 44,500 acre Slate Castle Project Area that includes about 38,300 
acres of National Forest System land and about 6,200 acres of 
interspersed private land. The project area generally extends from 
northwest of Hill City, South Dakota and east of Deerfield Lake. This 
project will be conducted as an authorized project under Section 102 of 
the Healthy Forests Restoration Act of 2003 (HFRA). Actions proposed 
for the Slate Castle Project Area include the following:
     Thin and harvest approximately 31,000 acres of pine stands 
using a variety of methods to treat mountain pine beetle (MPB) infested 
stands, reduce the overall density of pine trees and create a mosaic of 
structural stages across the landscape. Both commercial harvest and 
noncommercial thinning will be used to reduce the stand density, and 
associated fuel hazard conditions and susceptibility to mountain pine 
beetle infestations.
     Reduce the amount of fuels that currently exists and that 
created by vegetation treatment activities. Treatment could include 
lopping, chipping, crushing, piling and burning, and creating fuel 
breaks along roads and adjacent to private property, particularly those 
properties with houses and subdivisions. Prescribed broadcast and pile 
burning of up to 35,000 acres is also planned to disrupt the continuity 
of surface and canopy fuels, and to increase the quantity and quality 
of forage for big game and other wildlife resources.
     Remove conifers from hardwood stands such as aspen and 
birch, and restore meadows on approximately 4,400 acres to provide 
habitat diversity and additional wildfire protection by restoring 
natural fuel breaks.

DATES: Comments concerning the scope of the analysis would be most 
useful if received by 30-days following the date of this notice. The 
draft environmental impact statement is expected to be

[[Page 67119]]

available for public review by March 2009 and the final environmental 
impact statement is expected to be completed by July 2009.

ADDRESSES: Send written comments to Robert J. Thompson, District 
Ranger, Black Hills National Forest, Mystic Ranger District, Slate 
Castle Project Area, 8221 South Highway 16, Rapid City, South Dakota 
57702. Telephone Number: (605) 343-1567. E-mail: comments-rocky-
mountain-black-hills-mystic@fs.fed.us with ``Slate Castle'' as the 
subject. Electronic comments must be readable in Word, Rich Text or PDF 
formats.

FOR FURTHER INFORMATION CONTACT: If you have any questions or need 
additional information, please contact Katie Van Alstyne, Team Leader 
or Robert J. Thompson, District Ranger, at the Mystic Ranger District 
office in Rapid City at (605) 343-1567.

SUPPLEMENTARY INFORMATION: The actions proposed are in direct response 
to management direction provided by the Black Hills National Forest 
Land and Resource Management Plan (Forest Plan). The site specific 
actions are designed, based on Forest Plan Standards and Guidelines, to 
move existing resource conditions in the Slate Castle Project Area 
toward meeting Forest Plan Goals and Objectives. The project area 
generally extends from northwest of Hill City, South Dakota and east of 
Deerfield Lake. Anticipated issues include: reducing MPB infestation 
and risk; protecting local communities, private and public lands, 
infrastructure and access from severe wildfire; associated fire and 
fuels hazard reduction needs in the wildland-urban interface; support 
or opposition to forest thinning using commercial timber harvest; 
impacts of vegetation treatment and multiple forest uses on wildlife 
habitat. The range of alternatives analyzed in the EIS is expected to 
be consistent with Sec. 104 of HFRA.

Purpose and Need for Action

    The purpose of the Slate Castle Project is to:
     Move toward achieving desired land and resource 
conditions, as provided by the Forest Plan.
     Reduce the threat to ecosystem components including forest 
resources, from the existing insect and disease (mountain pine beetle) 
epidemic.
     Restore resource conditions to a healthy, resilient fire-
adapted ecosystem.
     Help protect local communities and resources from 
catastrophic wildfire.
    This project is focused on implementing management actions that 
move toward achieving:
     Desired conditions and objectives embodied in Goals 2, 3, 
7, and 10 of the Forest Plan (as amended).
     Goals and objectives applicable to Forest Plan Management 
Area (MA) 2.2--Research Natural Areas (~40 acres); MA 3.7--Late 
Successional Forest Landscape (~460 acres); MA 5.1--Resource Production 
Emphasis (~23,800 acres); and MA 5.4--Big Game Winter Range Emphasis 
(~13,960 acres), that lie within Slate Castle Project Area, described 
in Chapter III of the Forest Plan (Phase II Amendment).
     Goals of the Healthy Forest Restoration Act (HFRA) of 2003 
(HR 1904) and other National level initiatives and policy that provide 
procedural tools to hasten processes focused on reducing insects or 
disease on public and adjacent private lands, and reducing the 
probability and occurrence of severe wildfire in the fire adapted 
ecosystems, especially near at risk communities and in the wildland-
urban interface. Moreover, it is appropriate that proposed actions be 
designed in consideration of the fuels hazard reduction management 
recommendations and guidelines provided by the Pennington County 
Community Wildfire Protection Plan of 2007.

Proposed Action

    Proposed actions include the following:
     Thin and harvest approximately 31,000 acres of pine stands 
using a variety of methods to treat MPB infested stands, reduce the 
overall density of pine trees and create a mosaic of structural stages 
across the landscape. Both commercial and non-commercial sized trees 
would be removed utilizing multiple contracts including stewardship, 
timber sale, and service contracts.
     Disrupt the continuity of surface and canopy fuels to help 
reduce the potential for large-scale, intense wildfire spread. 
Treatment could include thinning, lopping, chipping, crushing, piling, 
and burning; restoring natural fuel breaks by removing conifers that 
have encroached upon meadows and hardwood stands on approximately 4,400 
acres; creating fuel breaks along roads and adjacent to private 
property--particularly those properties with houses and subdivisions. 
Prescribed broadcast and pile burning of up to 35,000 acres is also 
planned to reduce the natural, as well as the management-caused 
accumulation of fuels and to benefit big game and other wildlife 
resources.

Responsible Official

    Robert J. Thompson, District Ranger, Mystic Ranger District, Black 
Hills National Forest, 8221 South Highway 16, Rapid City, South Dakota 
57702.

Nature of Decision To Be Made

    The decision to be made is whether or not to implement the proposed 
action or possible alternative at this time.

Scoping Process

    Comments and input regarding the proposal will be received via 
direct mailing from the public, other groups, and agencies during the 
initial public comment period in November and December 2008. If you 
would like to be more involved, a public meeting is scheduled for 
Tuesday, December 2, 2008, from 7 p.m. to 9 p.m. in the City Hall 
conference room in Hill City, South Dakota. Comments submitted based on 
this NOI will be most useful if received within 30 days from the date 
of this notice. Response to the draft EIS will be sought from the 
interested public beginning in March 2009.

Comment Requested

    This notice of intent provides information that the agency will 
prepare an environmental impact statement in response to public comment 
and feedback during the November and December 2008, scoping period. 
Comments received will assist the planning team to develop the mailing 
list for the draft EIS and help identify key issues and opportunities 
used to refine the proposal or possible alternative and mitigation 
measures. Comments on the DEIS will be requested during the 45 day 
comment period following the Notice of Availability, expected to be 
published in the Federal Register in March 2009 (See discussion below).
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: 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 reviewers 
position and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 
435 US. 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

[[Page 67120]]

dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 
(9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 
1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very 
important that those interested in this proposed action participate by 
the close of the 45-day comment period so that substantive comments and 
objections are made available to the Forest Service at a time when it 
can meaningfully consider them and respond to them in the final 
environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
environmental impact statement should be as specific as possible. It is 
also helpful if comments refer to specific pages or chapters of the 
draft statement. Comments may also address the adequacy of the draft 
environmental impact statement or the merits of the alternatives 
formulated and discussed in the statement. Reviewers may wish to refer 
to the Council on Environmental Quality Regulations for implementing 
the procedural provisions of the National Environmental Policy Act at 
40 CFR 1503.3 in addressing these points.

    Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21.

    Dated: November 5, 2008.
Craig Bobzien,
Forest Supervisor, Black Hills National Forest.
 [FR Doc. E8-26797 Filed 11-12-08; 8:45 am]
BILLING CODE 3410-11-M
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