Ochoco National Forest, Lookout Mountain Ranger District; Oregon; Canyon Fuels and Vegetation Management Project EIS, 7585-7587 [E9-3363]
Download as PDF
mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 74, No. 31 / Wednesday, February 18, 2009 / Notices
Responsible Official: The responsible
official will be Jeff Walter, Forest
Supervisor, Ochoco National Forest,
3160 NE Third Street, Prineville, Oregon
97754.
SUPPLEMENTARY INFORMATION:
Purpose and Need. The purpose of
this proposal is to reauthorize livestock
grazing consistent with Forest Plan
standards and guidelines. There is a
need to make range improvements and
change livestock management to move
towards desired conditions for stream
shade and bank stability. Based on
surveys many of the streams in the
project area do not meet the desired
condition for shade or bank stability.
Livestock grazing is one of the factors
that contribute to low levels of shade
and unstable stream banks. Active
riparian restoration activities will
facilitate the achievement of the desired
condition.
Proposed Action. The proposed action
includes a variety of management
strategies and activities, including
active management of livestock, creation
of riparian pastures, resting of some
areas while riparian resources improve,
implementation of deferred rotation
grazing systems, implementation of rest
rotation grazing systems, new water
developments, relocation or
improvement of existing water
developments, creation of livestock
exclosures around riparian areas and/or
sensitive plant locations, protection of
heritage resources, planting of riparian
hardwoods, placing logs and rocks in
and along stream channels, protection of
riparian vegetation and streambanks,
and temporary and permanent
reductions in AUMs.
Issues. Preliminary issues identified
include the potential effect of the
proposed action on livestock grazing, on
heritage resources, on the North Fork
Crooked River Wild & Scenic corridor,
on sensitive plants, and on the
introduction and/or spread of invasive
plants, as well as the cumulative effects
of the proposed action where associated
activities overlap with other
management activities.
Comment. Public comments about
this proposal are requested in order to
assist in identifying issues, determine
how to best manage the resources, and
to focus the analysis. Comments
received to this notice, including names
and addresses of those who comment,
will be considered part of the public
record on this proposed action and will
be available for public inspection.
Comments submitted anonymously will
be accepted and considered; however,
those who submit anonymous
comments will not have standing to
VerDate Nov<24>2008
17:45 Feb 17, 2009
Jkt 217001
appeal the subsequent decision under
36 CFR parts 215 and 217. Additionally,
pursuant to 7 CFR 1.27(d), any person
may request the agency to withhold a
submission from the public record by
showing how the Freedom of
Information Act (FOIA) permits such
confidentiality. Persons requesting such
confidentiality should be aware that,
under FOIA, confidentiality may be
granted in only very limited
circumstances, such as to protect trade
secrets. The Forest Service will inform
the requester of the agency’s decision
regarding the request for confidentiality,
and where the request is denied, the
agency will return the submission and
notify the requester that the comments
may be resubmitted with or without
name and address within a specified
number of days.
A draft EIS will be filed with the
Environmental Protection Agency (EPA)
and available for public review by July,
2009. The EPA will publish a Notice of
Availability (NOA) of the draft ETS in
the Federal Register. The final EIS is
scheduled to be available September
2009. The comment period on the draft
EIS will be 45 days from the date the
EPA publishes the notice of availability
in the Federal Register. The Forest
Service believes, at this early stage, it is
important to give reviewers notice of
several court rulings related to public
participation in the environmental
review process. First, reviewers of a
draft EIS 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 EIS stage but
that are not raised until after completion
of the final EIS may be waived or
dismissed by the courts [City of Angoon
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 EIS.
To assist the Forest Service in
identifying and considering issues and
concerns on the proposed action,
comments on the draft EJS 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 EIS of the merits
of the alternatives formulated and
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
7585
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.
In the final EIS, the Forest Service is
required to respond to substantive
comments received during the comment
period for the draft EIS. The Forest
Service is the lead agency and the
responsible official is the Forest
Supervisor, Ochoco National Forest.
The responsible official will decide
whether and how to reissue grazing
permits in the Big Summit, Pringle,
Brush Creek, Lost Horse and North Fork
allotments. The responsible official will
also decide how to mitigate impacts of
these actions and will determine when
and how monitoring of effects will take
place.
The Big Summit Allotment
Management Plan decision and the
reasons for the decision will be
documented in the record of decision.
That decision will be subject to Forest
Service Appeal Regulations (35 CFR
Part 215).
Dated: February 9, 2009.
William R. Queen,
District Ranger.
[FR Doc. E9–3275 Filed 2–17–09; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
Ochoco National Forest, Lookout
Mountain Ranger District; Oregon;
Canyon Fuels and Vegetation
Management Project EIS
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
ACTION:
SUMMARY: The Ochoco National Forest is
preparing an environmental impact
statement (EIS) to analyze the effects of
managing fuels and vegetation within
the 31,500-acre Canyon project area,
which is approximately 20 miles east of
Prineville, Oregon. The project area
includes National Forest System lands
in the Upper Ochoco Creek Watershed.
The alternatives that will be analyzed
include the proposed action, no action,
and additional alternatives that respond
to issues generated through the scoping
process. The Ochoco National Forest
will give notice of the full
environmental analysis and decision
making process so interested and
affected people may participate and
contributes to the final decision.
E:\FR\FM\18FEN1.SGM
18FEN1
mstockstill on PROD1PC66 with NOTICES
7586
Federal Register / Vol. 74, No. 31 / Wednesday, February 18, 2009 / Notices
DATES: Comments concerning the scope
of the analysis must be received by
March 20, 2009. The draft
environmental impact statement is
expected to be completed and available
for public comment in September 2009.
The final environmental impact
statement is expected to be completed
in December 2009.
ADDRESSES: Send written comments to
Bill Queen, District Ranger, Lookout
Mountain District, Ochoco National
Forest, 3160 NE Third Street, Prineville,
Oregon 97754. Alternately, electronic
comments may be sent to commentspacificnorthwest-ochoco@fs.fed.us.
Electronic comments must be submitted
as part of the actual e-mail message, or
as an attachment in plain text (.txt),
Microsoft Word (.doc), rich text format
(.rtf), or portable document format
(.pdf).
FOR FURTHER INFORMATION CONTACT: Rob
Rawlings, Project Leader, or Marcy
Boehme, Environmental Coordinator, at
3160 NE Third Street, Prineville, Oregon
97754, or at (541) 416–6500, or by email at rrawlings@fs.fed.us or nboehrne
@J.fed.us. Responsible Official: The
responsible official will be Jeff Walter,
Forest Supervisor, Ochoco National
Forest, 3160 NE., Third Street,
Prineville, Oregon 97754.
SUPPLEMENTARY INFORMATION:
Purpose and Need. The Lookout
Mountain Ranger District has
determined that there is a need for fuels
and vegetation management activities in
the project area by comparing the
existing condition to the desired
conditions described in the Ochoco
National Forest Land and Resource
Management Plan. The existing
condition of the Upper Ochoco Creek
Watershed was evaluated in 2004 and
documented in the Upper Ochoco Creek
Watershed Analysis. Generally
speaking, the Watershed Analysis
determined that vegetation conditions
in the watershed have departed from the
historic condition in several ways.
Important departures include changes in
timber species compositions, a
reduction in singlestratum late and old
structured forest, an increased risk of
large-scale loss of forest to wildfire, an
increased risk of insect infestation and/
or disease that can impact timber
stands, and a decline in the condition of
riparian vegetation.
The purpose and need for this
proposal is to (1) Maintain and increase
the abundance of late and old structure
(LOS) stands; (2) reduce fuels and the
potential for high-intensity wildfires; (3)
maintain conditions that currently
support low-intensity fires; (4) reduce
the susceptibility of the landscape to
VerDate Nov<24>2008
17:45 Feb 17, 2009
Jkt 217001
large-scale infestation by insects and
disease; (5) enhance hardwood
communities, such as aspen and
cottonwood; (6) increase riparian
vegetation and large tree structure in
Riparian Habitat Conservation Areas
(RHCAs); and (7) increase earlyseral
species composition.
Proposed Action. The proposed action
includes a variety of management
strategies and activities, including
commercial thinning with follow-up
precommercial thinning and/or slash
treatment (4,859 acres), precommerical
thinning with slash treatment (5,494
acres), juniper cutting with slash
treatment (1,397 acres), hardwood and
riparian vegetation treatment (236
acres), and underbuming where no other
treatments are proposed (1,989 acres).
Implementation of the proposed action
would require some connected actions;
these include headcut repair and stream
restoration at five locations, road
construction (19.5 miles) and road
reconstruction (13.2 miles).
Issues. Preliminary issues identified
include the potential effect of the
proposed action on wildlife habitat,
water quality, fish habitat, visual
quality, and recreational use. In
addition, the team will analyze the
cumulative effects of this proposed
action where it overlaps with the effects
of other activities.
Comment. Public comments about
this proposal are requested in order to
assist in identifying issues, determine
how to best manage the resources, and
to focus the analysis. Comments
received to this notice, including names
and addresses of those who comment,
will be considered part of the public
record on this proposed action and will
be available for public inspection.
Comments submitted anonymously will
be accepted and considered; however,
those who submit anonymous
comments will not have standing to
appeal the subsequent decision under
36 CFR parts 215 and 217. Additionally,
pursuant to 7 CFR 1.27(d), any person
may request the agency to withhold a
submission from the public record by
showing how the Freedom of
Information Act (FOIA) permits such
confidentiality. Persons requesting such
confidentiality should be aware that,
under FOIA, confidentiality may be
granted in only very limited
circumstances, such as to protect trade
secrets. The Forest Service will inform
the requester of the agency’s decision
regarding the request for confidentiality,
and where the request is denied, the
agency will return the submission and
notify the requester that the comments
may be resubmitted with or without
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
name and address within a specified
number of days.
A draft EIS will be filed with the
Environmental Protection Agency (EPA)
and available for public review by
September, 2009. The EPA will publish
a Notice of Availability (NOA) of the
draft EIS in the Federal Register. The
final EIS is scheduled to be available
December, 2009.
The comment period on the draft EIS
will be 45 days from the date the EPA
publishes the notice of availability in
the Federal Register.
The Forest Service believes, at this
early stage, it is important to give
reviewers notice of several court rulings
related to public participation in the
environmental review process. First,
reviewers of a draft EIS 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 EIS stage but
that are not raised until after completion
of the final EIS may be waived or
dismissed by the courts [City of Angoon
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 EIS.
To assist the Forest Service in
identifying and considering issues and
concerns on the proposed action,
comments on the draft EIS 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 EIS of 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.
In the final EIS, the Forest Service is
required to respond to substantive
comments received during the comment
period for the draft EIS. The Forest
Service is the lead agency and the
responsible official is the Forest
Supervisor, Ochoco National Forest.
The responsible official will decide
whether and how to conduct fuels and
vegetation management activities in the
Canyon planning area. The responsible
E:\FR\FM\18FEN1.SGM
18FEN1
Federal Register / Vol. 74, No. 31 / Wednesday, February 18, 2009 / Notices
official will also decide how to mitigate
impacts of these actions and will
determine when and how monitoring of
effects will take place.
The Canyon Fuels and Vegetation
Management Project decision and the
reasons for the decision will be
documented in the record of decision.
That decision will be subject to Forest
Service Appeal Regulations (35 CFR
Part 215).
of March 31, 2009. Interested citizens
are encouraged to attend.
Dated: February 11, 2009.
Amy Gowan,
Designated Federal Official.
[FR Doc. E9–3356 Filed 2–17–09; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Dated: February 11, 2009.
William R. Queen,
District Ranger.
[FR Doc. E9–3363 Filed 2–17–09; 8:45 am]
Forest Service
BILLING CODE 3410–11–M
AGENCY:
Lake County Resource Advisory
Committee
ACTION:
DEPARTMENT OF AGRICULTURE
Forest Service
Fremont and Winema Resource
Advisory Committee
Forest Service, USDA.
ACTION: Notice of meeting.
AGENCY:
mstockstill on PROD1PC66 with NOTICES
SUMMARY: The Fremont and Winema
Resource Advisory Committee will meet
in Klamath Falls, Oregon, for the
purpose of evaluating and
recommending resource management
projects for funding in FY 2009, under
the provisions of Title II of the Secure
Rural Schools and Community SelfDetermination Act of 2008 (Pub. L. 110–
343).
DATES: The meeting will be held on
March 30 and 31, 2009.
ADDRESSES: The meeting will take place
at the Klamath Ranger District Office,
2819 Dahlia Street, Klamath Falls, OR
97601.
Send written comments to Fremont
and Winema Resource Advisory
Committee, c/o USDA Forest Service,
2819 Dahlia Street, Klamath Falls, OR
97601 or electronically to
agowan@fs.fed.us.
FOR FURTHER INFORMATION CONTACT:
Amy Gowan, Designated Federal
Official, c/o Klamath Ranger District,
2819 Dahlia Street, Klamath Falls, OR
97601, telephone (541) 883–6741
SUPPLEMENTARY INFORMATION: The
agenda will include a review of the 2008
legislation, consideration of Title II
project proposals for FY 2009 submitted
by the Forest Service, the public, and
other agencies, presentations by project
proponents, and final recommendations
for funding of fiscal year 2009 projects.
All Fremont and Winema Resource
Advisory Committee Meetings are open
to the public. Public input and comment
forum will take place in the afternoon
VerDate Nov<24>2008
17:45 Feb 17, 2009
Jkt 217001
Forest Service, USDA.
Notice of meeting.
SUMMARY: The Lake County Resource
Advisory Committee (RAC) will hold a
meeting.
DATES: The meeting will be held on
March 19, 2009, from 3 p.m. to 5 p.m.
ADDRESSES: The meeting will be held at
the Lake County Board of Supervisor’s
Chambers at 255 North Forbes Street,
Lakeport, Room C.
FOR FURTHER INFORMATION CONTACT:
Debbie McIntosh, Committee
Coordinator, USDA, Mendocino
National Forest, Upper Lake Ranger
District, 10025 Elk Mountain Road,
Upper Lake, CA 95485. (707) 275–2361:
e-mail thncintosh@fs.fed.us.
SUPPLEMENTARY INFORMATION: Agenda
items to be covered include: (1) Roll
Call/Establish Quorum; (2) Welcome
and Introductions; (3) Review of
Members New Legislation Information
(4) Discuss Project Cost Accounting
USFS/County of Lake; (7) Set Next
Meeting Date; (8) Public Comment
Period; Public input opportunity will be
provided and individuals will have the
opportunity to address the Committee at
that time. (19) Adjourn.
Dated: February 9, 2009.
Lee D. Johnson,
Designated Federal Officer.
[FR Doc. E9–3326 Filed 2–17–09; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
Ravalli County Resource Advisory
Committee
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
SUMMARY: The Ravalli County Resource
Advisory Committee will be having the
routine monthly meeting along with the
public forum. The meeting is being held
pursuant to the authorities in the
PO 00000
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Fmt 4703
Sfmt 4703
7587
Federal Advisory Committee Act (Pub.
L. 110–343) and under the Secure Rural
Schools and Community SelfDetermination Act of 2000 (Pub. L. 110–
343). The meeting is open to the public.
DATES: The meeting will be held on
February 24, 2009, 6:30 p.m.
ADDRESSES: The meeting will be held at
the Bitterroot National Forest,
Supervisor Office, 1801 N First Street,
Hamilton, Montana. Send written
comments to Daniel G Ritter, District
Ranger, Stevensville Ranger District, 88
Main Street, Stevensville, MT 59870, by
facsimile (406) 777–7423, or
electronically to dritter@fs.fed.us.
FOR FURTHER INFORMATION CONTACT:
Daniel G. Ritter, Stevensville District
Ranger and Designated Federal Officer,
Phone: (406) 777–5461.
Dated: February 9, 2009.
Julie K. King,
Deputy Forest Supervisor.
[FR Doc. E9–3273 Filed 2–17–09; 8:45 am]
BILLING CODE 3410–11–M
COMMISSION ON CIVIL RIGHTS
Sunshine Act Notice
AGENCY: United States Commission on
Civil Rights.
ACTION: Notice of meeting.
DATE AND TIME: Friday, February 20,
2009; 9:30 a.m.
PLACE: 624 Ninth Street, NW., Rm. 540,
Washington, DC 20425.
Meeting Agenda
I. Approval of Agenda.
II. Approval of Minutes of December 12,
2008 and January 16, 2009
Meetings.
III. Announcements.
IV. Staff Director’s Report.
V. Management and Operations.
• FY 2010 Budget Request
VI. Program Planning.
• Findings and Recommendations for
Briefing Report on Department of
Justice’s Enforcement of Voting
Rights in 2008 Presidential Election
• Request To Extend the Public
Comment Period for the Briefing on
‘‘Specifying English as the Common
Language of the Workplace: Every
Employer’s Right or Violation of
Federal Law?’’
VII. State Advisory Committee Issues.
• Oklahoma SAC
VIII. Future Agenda Items.
IX. Adjourn.
CONTACT PERSON FOR FURTHER
INFORMATION; Lenore Ostrowsky,
Acting
Chief, Public Affairs Unit (202) 376–
8582. TDD: (202) 376–8116.
E:\FR\FM\18FEN1.SGM
18FEN1
Agencies
[Federal Register Volume 74, Number 31 (Wednesday, February 18, 2009)]
[Notices]
[Pages 7585-7587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3363]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Ochoco National Forest, Lookout Mountain Ranger District; Oregon;
Canyon Fuels and Vegetation Management Project EIS
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The Ochoco National Forest is preparing an environmental
impact statement (EIS) to analyze the effects of managing fuels and
vegetation within the 31,500-acre Canyon project area, which is
approximately 20 miles east of Prineville, Oregon. The project area
includes National Forest System lands in the Upper Ochoco Creek
Watershed. The alternatives that will be analyzed include the proposed
action, no action, and additional alternatives that respond to issues
generated through the scoping process. The Ochoco National Forest will
give notice of the full environmental analysis and decision making
process so interested and affected people may participate and
contributes to the final decision.
[[Page 7586]]
DATES: Comments concerning the scope of the analysis must be received
by March 20, 2009. The draft environmental impact statement is expected
to be completed and available for public comment in September 2009. The
final environmental impact statement is expected to be completed in
December 2009.
ADDRESSES: Send written comments to Bill Queen, District Ranger,
Lookout Mountain District, Ochoco National Forest, 3160 NE Third
Street, Prineville, Oregon 97754. Alternately, electronic comments may
be sent to comments-pacificnorthwest-ochoco@fs.fed.us. Electronic
comments must be submitted as part of the actual e-mail message, or as
an attachment in plain text (.txt), Microsoft Word (.doc), rich text
format (.rtf), or portable document format (.pdf).
FOR FURTHER INFORMATION CONTACT: Rob Rawlings, Project Leader, or Marcy
Boehme, Environmental Coordinator, at 3160 NE Third Street, Prineville,
Oregon 97754, or at (541) 416-6500, or by e-mail at rrawlings@fs.fed.us
or nboehrne @J.fed.us. Responsible Official: The responsible official
will be Jeff Walter, Forest Supervisor, Ochoco National Forest, 3160
NE., Third Street, Prineville, Oregon 97754.
SUPPLEMENTARY INFORMATION:
Purpose and Need. The Lookout Mountain Ranger District has
determined that there is a need for fuels and vegetation management
activities in the project area by comparing the existing condition to
the desired conditions described in the Ochoco National Forest Land and
Resource Management Plan. The existing condition of the Upper Ochoco
Creek Watershed was evaluated in 2004 and documented in the Upper
Ochoco Creek Watershed Analysis. Generally speaking, the Watershed
Analysis determined that vegetation conditions in the watershed have
departed from the historic condition in several ways. Important
departures include changes in timber species compositions, a reduction
in singlestratum late and old structured forest, an increased risk of
large-scale loss of forest to wildfire, an increased risk of insect
infestation and/or disease that can impact timber stands, and a decline
in the condition of riparian vegetation.
The purpose and need for this proposal is to (1) Maintain and
increase the abundance of late and old structure (LOS) stands; (2)
reduce fuels and the potential for high-intensity wildfires; (3)
maintain conditions that currently support low-intensity fires; (4)
reduce the susceptibility of the landscape to large-scale infestation
by insects and disease; (5) enhance hardwood communities, such as aspen
and cottonwood; (6) increase riparian vegetation and large tree
structure in Riparian Habitat Conservation Areas (RHCAs); and (7)
increase earlyseral species composition.
Proposed Action. The proposed action includes a variety of
management strategies and activities, including commercial thinning
with follow-up precommercial thinning and/or slash treatment (4,859
acres), precommerical thinning with slash treatment (5,494 acres),
juniper cutting with slash treatment (1,397 acres), hardwood and
riparian vegetation treatment (236 acres), and underbuming where no
other treatments are proposed (1,989 acres). Implementation of the
proposed action would require some connected actions; these include
headcut repair and stream restoration at five locations, road
construction (19.5 miles) and road reconstruction (13.2 miles).
Issues. Preliminary issues identified include the potential effect
of the proposed action on wildlife habitat, water quality, fish
habitat, visual quality, and recreational use. In addition, the team
will analyze the cumulative effects of this proposed action where it
overlaps with the effects of other activities.
Comment. Public comments about this proposal are requested in order
to assist in identifying issues, determine how to best manage the
resources, and to focus the analysis. Comments received to this notice,
including names and addresses of those who comment, will be considered
part of the public record on this proposed action and will be available
for public inspection. Comments submitted anonymously will be accepted
and considered; however, those who submit anonymous comments will not
have standing to appeal the subsequent decision under 36 CFR parts 215
and 217. Additionally, pursuant to 7 CFR 1.27(d), any person may
request the agency to withhold a submission from the public record by
showing how the Freedom of Information Act (FOIA) permits such
confidentiality. Persons requesting such confidentiality should be
aware that, under FOIA, confidentiality may be granted in only very
limited circumstances, such as to protect trade secrets. The Forest
Service will inform the requester of the agency's decision regarding
the request for confidentiality, and where the request is denied, the
agency will return the submission and notify the requester that the
comments may be resubmitted with or without name and address within a
specified number of days.
A draft EIS will be filed with the Environmental Protection Agency
(EPA) and available for public review by September, 2009. The EPA will
publish a Notice of Availability (NOA) of the draft EIS in the Federal
Register. The final EIS is scheduled to be available December, 2009.
The comment period on the draft EIS will be 45 days from the date
the EPA publishes the notice of availability in the Federal Register.
The Forest Service believes, at this early stage, it is important
to give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
a draft EIS 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 EIS stage but that are not
raised until after completion of the final EIS may be waived or
dismissed by the courts [City of Angoon 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 EIS.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft EIS 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 EIS of 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.
In the final EIS, the Forest Service is required to respond to
substantive comments received during the comment period for the draft
EIS. The Forest Service is the lead agency and the responsible official
is the Forest Supervisor, Ochoco National Forest. The responsible
official will decide whether and how to conduct fuels and vegetation
management activities in the Canyon planning area. The responsible
[[Page 7587]]
official will also decide how to mitigate impacts of these actions and
will determine when and how monitoring of effects will take place.
The Canyon Fuels and Vegetation Management Project decision and the
reasons for the decision will be documented in the record of decision.
That decision will be subject to Forest Service Appeal Regulations (35
CFR Part 215).
Dated: February 11, 2009.
William R. Queen,
District Ranger.
[FR Doc. E9-3363 Filed 2-17-09; 8:45 am]
BILLING CODE 3410-11-M