Pacific Southwest Region, Regional Office, California, Sierra Nevada Forests-Supplemental EIS to the 2004 Sierra Nevada Framework per November 4, 2009 Court Order, 65508-65509 [E9-29446]

Download as PDF 65508 Notices Federal Register Vol. 74, No. 236 Thursday, December 10, 2009 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. RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD Proposed Information Collection Activities ACTION: Notice of submission to OMB and 30-day public comment period. The Recovery Accountability and Transparency Board (Board) is giving public notice that it has submitted to the Office of Management and Budget (OMB) for approval the information collection described in this notice. The public is invited to comment on the proposed information collection pursuant to the Paperwork Reduction Act of 1995. SUMMARY: DATES: Written comments must be submitted to OMB at the address below on or before January 11, 2010 to be assured of consideration. Send comments to Ms. Sharon Mar, Desk Officer for the Recovery Accountability and Transparency Board, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202–395–5167; or electronically mailed to smar@omb.eop.gov. ADDRESSES: Pursuant to the Paperwork Reduction Act of 1995 (PRA), Pubic Law 104–13, section 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), the Board invites the general public and other federal agencies to comment on the proposed information collection. The Board published a notice of proposed collection for this information collection on August 31, 2009 (74 FR 44814). No comments were received. However, the first reporting period under the American Recovery and Reinvestment Act of 2009 has since occurred, and the Board has therefore been able to modify its estimated number of respondents accordingly. The Board has submitted mstockstill on DSKH9S0YB1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 17:19 Dec 09, 2009 Jkt 220001 the described information collection to OMB for approval. In response to this notice, comments and suggestions should address one or more of the following points: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the Board; (b) the accuracy of the Board’s estimate of the burden of the proposed information collection; (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 respondents, including the use of information technology; and (e) whether small businesses are affected by this collection. In this notice, the Board is soliciting comments concerning the following information collection: Title of Collection: FederalReporting.gov Recipient Registration System. OMB Control No.: 0430–0002. Description: Section 1512 of the American Recovery and Reinvestment Act of 2009, Public Law 111–5, 123 Stat. 115 (Recovery Act), requires recipients of Recovery Act funds to report on the use of those funds. These reports are to be submitted to FederalReporting.gov, and certain information from these reports will later be posted to the publicly available Web site Recovery.gov. The FederalReporting.gov Recipient Registration System (FRRS) was developed to protect the Board and FederalReporting.gov users from individuals seeking to gain unauthorized access to user accounts on FederalReporting.gov. FRRS is used for the purpose of verifying the identity of the user; allowing users to establish an account on FederalReporting.gov; providing users access to their FederalReporting.gov account for reporting data; allowing users to customize, update, or terminate their accounts with FederalReporting.gov; renewing or revoking a user’s account on FederalReporting.gov, thereby protecting FederalReporting.gov and FederalReporting.gov users from potential harm caused by individuals with malicious intentions gaining unauthorized access to the system. To assist in this goal, FRRS will collect a registrant’s name, e-mail address, telephone number and extension, three security questions and PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 answers, and, by way of a DUNS number, organization information. The person registering for FederalReporting.gov will generate a self-assigned password that will be stored on the FRRS, but will only be accessible to the registering individual. Affected Public: Private sector and state, local, and tribal governments. Total Estimated Number of Respondents: 88,000. Frequency of Responses: Once. Total Estimated Annual Burden Hours: 7,333. Ivan J. Flores, Paralegal Specialist, Recovery Accountability and Transparency Board. [FR Doc. E9–29436 Filed 12–9–09; 8:45 am] BILLING CODE 6820–GA–P DEPARTMENT OF AGRICULTURE Forest Service Pacific Southwest Region, Regional Office, California, Sierra Nevada Forests—Supplemental EIS to the 2004 Sierra Nevada Framework per November 4, 2009 Court Order Forest Service, USDA. Notice of Intent to prepare a supplemental environmental impact statement. AGENCY: ACTION: SUMMARY: The Pacific Southwest Region of the U.S. Forest Service proposes to prepare a supplemental EIS to the 2004 Sierra Nevada Framework EIS. This SEIS is intended to accomplish two narrow goals: (1) Analyze all the alternatives considered in the 2004 SEIS using the modeling techniques utilized for alternatives S1 and S2 in the 2004 SEIS; and (2) account for the new management objectives of reducing stand density for forest health, restoring and maintaining ecosystem structure and composition, and restoring ecosystems after severe wildfires and other large catastrophic events in all the alternatives evaluated. The purpose of the SEIS is to comply with two November 4, 2009 court orders from the Eastern District of California which require the preparation of this narrowly tailored SEIS. DATES: The Draft SEIS is expected in early February 2010 and the public comment period will be open for 45 days. The supplemental environmental E:\FR\FM\10DEN1.SGM 10DEN1 Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES impact statement is expected by May 1, 2010. FOR FURTHER INFORMATION CONTACT: For further information contact Ron Pugh, Deputy Regional Planning Director, at US Forest Service, 1323 Club Drive, Vallejo, CA, Phone 707–562–8951. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday. SUPPLEMENTARY INFORMATION: The SEIS proposed in this notice is required by court orders issued in Sierra Forest Legacy v. Rey, No. 2:05–cv–00205– MCE–GGH (E.D. Cal. Nov. 4, 2009) and People of the State of California v. USDA, No. 2:05–cv–00211–MCE–GGH (E.D. Cal. Nov. 4, 2009). Those orders concluded that the Forest Service was required to remedy the 2004 Framework’s violation of NEPA by preparing a focused SEIS by May 1, 2010. Specifically, the Court stated as follows: the Court orders the Forest Service to prepare another supplemental EIS on the Framework, one that meets the range of alternatives and analytical consistency identified by the Ninth Circuit in its decision on the preliminary injunction portion of this case. That supplemental EIS process is to be completed not later than May 1, 2010. The Ninth Circuit’s decision on the 2004 Framework concluded in a ruling on a motion for a preliminary injunction that the 2004 Framework’s SEIS violated NEPA due a failure to properly consider alternatives. See Sierra Forest Legacy v. Rey, 577 F.3d 1015 (9th Cir. 2009). The Ninth Circuit found two particular errors, as excerpted below: First, USFS altered its modeling techniques between the issuance of the 2001 FEIS and the 2004 SEIS. Unfortunately, the 2004 SEIS largely relied on fire risk and timber output figures in the 2001 FEIS, a mistake that was compounded because one of the alternatives that was considered in 2004 was recalculated under the new techniques, whereas the rest of the alternatives to which it was compared were not recalculated. Because USFS failed to account for its changed modeling techniques in the alternatives it considered, Legacy has a strong probability of success on the merits under NEPA. Second, the 2004 SEIS introduced substantively new objectives from those contained within the 2001 FEIS. The 2004 SEIS repeatedly stated that its purpose was to ‘‘adjust existing management direction,’’ 2004 SEIS at 3098 (emphasis added), and to broaden the basic strategy ‘‘to include other management objectives such as reducing stand density for forest health, restoring and maintaining ecosystem structure and composition, and restoring ecosystems after severe wildfires and other large catastrophic disturbance events,’’ 2004 SEIS at 2994 (emphasis added). The introduction of these new objectives plainly constituted a change VerDate Nov<24>2008 17:19 Dec 09, 2009 Jkt 220001 in circumstance that is ‘‘relevant to the development and evaluation of alternatives’’ that USFS must account for * * * in the alternatives it considers. Purpose and Need for Action The purpose of this action is to remedy the two flaws found by the Ninth Circuit, as required in the District Court orders of November 4, 2009. Proposed Action The Forest Service proposes to provide an objective comparison of all of the alternatives considered in detail in the 2004 Framework, including those carried forward from the 2001 Framework. Alternatives F1 through F8 will be analyzed using the same modeling methods that were used for Alternatives S1 and S2 (see Final Supplemental Environmental Impact Statement for the Sierra Nevada Plan Amendment, January 2004, Chapter 2). A new SEIS to the 2004 Framework SEIS will be prepared that shows the results of this analysis. The new SEIS will also consider the objectives of reducing stand density for forest health, restoring and maintaining ecosystem structure and composition, and restoring ecosystems after severe wildfires and other large catastrophic disturbance events, which the Ninth Circuit found were introduced by the 2004 Framework. A new ROD consistent with the scope of this supplement will be prepared that considers all of this updated information. Responsible Official Regional Forester, Pacific Southwest Region, U.S. Forest Service, 1323 Club Drive, Vallejo, CA 94592 is the Responsible Official. Nature of Decision To Be Made The Responsible Official will decide if a different decision from that reached in the 2004 Framework ROD is warranted when the range of alternatives flaws identified by the Ninth Circuit are remedied or if continued implementation of Alternative S2 as originally chosen in the ROD for the 2004 SEIS is warranted. Dated: December 9, 2009. Thomas A. Contreras, Deputy Regional Forester. [FR Doc. E9–29446 Filed 12–9–09; 8:45 am] BILLING CODE 3410–11–P DEPARTMENT OF AGRICULTURE Rural Utilities Service Technical Assistance and Training Grant Program Rural Utilities Service, USDA. Notice of Funds Availability (NOFA) under the American Recovery and Reinvestment Act of 2009 (ARRA) for technical assistance and training program and solicitation of applications. AGENCY: ACTION: SUMMARY: The Rural Utilities Service (RUS) announces the availability of grant funds pursuant to Title I of PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 65509 Division A of the American Recovery and Reinvestment Act of 2009 (Recovery Act), Public Law 111–5 (Feb. 17, 2009) with regard to the Technical Assistance and Training Grant Program (TAT). Funds authorized by the Recovery Act are in addition to Fiscal Year (FY) 2009 funding for this grant program. The intent of this notice is to advise the public of the funds available and to provide transparency as required by the Recovery Act. Regulations for the Technical Assistance and Training Grant Program regulations can be found at 7 CFR part 1775. Funding announced is intended to support technical assistance and training activities that facilitate efforts by rural communities to access Recovery Act funding for critical water and waste disposal infrastructure projects, particularly those communities in smaller, lower income, and persistent poverty areas. DATES: You may submit completed applications for TAT grants on paper or electronically according to the following deadlines: Paper Submissions: Paper submission of an application must be postmarked and mailed, shipped, or sent overnight no later than January 11, 2010 to be eligible for grant funding. Late or incomplete applications will not be eligible for grant funding. Electronic Submissions: Submit electronic grant applications at https:// www.grants.gov (Grants.gov) and follow the instructions you find on that Web site. Electronic submissions of applications must be received by January 11, 2010 to be eligible for grant funding. Late or incomplete applications will not be eligible for grant funding. ADDRESSES: You may obtain application guides and materials for the Technical Assistance and Training grants the following ways: • The Internet at the RUS Water and Environmental Programs (WEP) Web site: https://www.usda.gov/rus/water/. • You may also request application guides and materials from RUS by contacting WEP at (202) 720–9586. Completed applications may be submitted the following ways: Paper applications: Send completed paper applications for Technical Assistance and Training grants to the Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Ave., SW., Room 2233, STOP 1570, Washington, DC 20250–1570. Applications should be marked ‘‘Attention: Assistant Administrator, Water and Environmental Programs.’’ Electronic applications: Electronic grant applications may be submitted at E:\FR\FM\10DEN1.SGM 10DEN1

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[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Notices]
[Pages 65508-65509]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29446]


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DEPARTMENT OF AGRICULTURE

Forest Service


Pacific Southwest Region, Regional Office, California, Sierra 
Nevada Forests--Supplemental EIS to the 2004 Sierra Nevada Framework 
per November 4, 2009 Court Order

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to prepare a supplemental environmental impact 
statement.

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

SUMMARY: The Pacific Southwest Region of the U.S. Forest Service 
proposes to prepare a supplemental EIS to the 2004 Sierra Nevada 
Framework EIS. This SEIS is intended to accomplish two narrow goals: 
(1) Analyze all the alternatives considered in the 2004 SEIS using the 
modeling techniques utilized for alternatives S1 and S2 in the 2004 
SEIS; and (2) account for the new management objectives of reducing 
stand density for forest health, restoring and maintaining ecosystem 
structure and composition, and restoring ecosystems after severe 
wildfires and other large catastrophic events in all the alternatives 
evaluated. The purpose of the SEIS is to comply with two November 4, 
2009 court orders from the Eastern District of California which require 
the preparation of this narrowly tailored SEIS.

DATES: The Draft SEIS is expected in early February 2010 and the public 
comment period will be open for 45 days. The supplemental environmental

[[Page 65509]]

impact statement is expected by May 1, 2010.

FOR FURTHER INFORMATION CONTACT: For further information contact Ron 
Pugh, Deputy Regional Planning Director, at US Forest Service, 1323 
Club Drive, Vallejo, CA, Phone 707-562-8951.
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: The SEIS proposed in this notice is required 
by court orders issued in Sierra Forest Legacy v. Rey, No. 2:05-cv-
00205-MCE-GGH (E.D. Cal. Nov. 4, 2009) and People of the State of 
California v. USDA, No. 2:05-cv-00211-MCE-GGH (E.D. Cal. Nov. 4, 2009). 
Those orders concluded that the Forest Service was required to remedy 
the 2004 Framework's violation of NEPA by preparing a focused SEIS by 
May 1, 2010. Specifically, the Court stated as follows:

the Court orders the Forest Service to prepare another supplemental 
EIS on the Framework, one that meets the range of alternatives and 
analytical consistency identified by the Ninth Circuit in its 
decision on the preliminary injunction portion of this case. That 
supplemental EIS process is to be completed not later than May 1, 
2010. The Ninth Circuit's decision on the 2004 Framework concluded 
in a ruling on a motion for a preliminary injunction that the 2004 
Framework's SEIS violated NEPA due a failure to properly consider 
alternatives. See Sierra Forest Legacy v. Rey, 577 F.3d 1015 (9th 
Cir. 2009). The Ninth Circuit found two particular errors, as 
excerpted below:
    First, USFS altered its modeling techniques between the issuance 
of the 2001 FEIS and the 2004 SEIS. Unfortunately, the 2004 SEIS 
largely relied on fire risk and timber output figures in the 2001 
FEIS, a mistake that was compounded because one of the alternatives 
that was considered in 2004 was recalculated under the new 
techniques, whereas the rest of the alternatives to which it was 
compared were not recalculated. Because USFS failed to account for 
its changed modeling techniques in the alternatives it considered, 
Legacy has a strong probability of success on the merits under NEPA.
    Second, the 2004 SEIS introduced substantively new objectives 
from those contained within the 2001 FEIS. The 2004 SEIS repeatedly 
stated that its purpose was to ``adjust existing management 
direction,'' 2004 SEIS at 3098 (emphasis added), and to broaden the 
basic strategy ``to include other management objectives such as 
reducing stand density for forest health, restoring and maintaining 
ecosystem structure and composition, and restoring ecosystems after 
severe wildfires and other large catastrophic disturbance events,'' 
2004 SEIS at 2994 (emphasis added). The introduction of these new 
objectives plainly constituted a change in circumstance that is 
``relevant to the development and evaluation of alternatives'' that 
USFS must account for * * * in the alternatives it considers.

Purpose and Need for Action

    The purpose of this action is to remedy the two flaws found by 
the Ninth Circuit, as required in the District Court orders of 
November 4, 2009.

Proposed Action

    The Forest Service proposes to provide an objective comparison 
of all of the alternatives considered in detail in the 2004 
Framework, including those carried forward from the 2001 Framework. 
Alternatives F1 through F8 will be analyzed using the same modeling 
methods that were used for Alternatives S1 and S2 (see Final 
Supplemental Environmental Impact Statement for the Sierra Nevada 
Plan Amendment, January 2004, Chapter 2). A new SEIS to the 2004 
Framework SEIS will be prepared that shows the results of this 
analysis. The new SEIS will also consider the objectives of reducing 
stand density for forest health, restoring and maintaining ecosystem 
structure and composition, and restoring ecosystems after severe 
wildfires and other large catastrophic disturbance events, which the 
Ninth Circuit found were introduced by the 2004 Framework. A new ROD 
consistent with the scope of this supplement will be prepared that 
considers all of this updated information.

Responsible Official

    Regional Forester, Pacific Southwest Region, U.S. Forest 
Service, 1323 Club Drive, Vallejo, CA 94592 is the Responsible 
Official.

Nature of Decision To Be Made

    The Responsible Official will decide if a different decision 
from that reached in the 2004 Framework ROD is warranted when the 
range of alternatives flaws identified by the Ninth Circuit are 
remedied or if continued implementation of Alternative S2 as 
originally chosen in the ROD for the 2004 SEIS is warranted.

    Dated: December 9, 2009.
Thomas A. Contreras,
Deputy Regional Forester.
[FR Doc. E9-29446 Filed 12-9-09; 8:45 am]
BILLING CODE 3410-11-P
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