Bend/Ft. Rock Ranger District; Deschutes National Forest; Deschutes County, OR; West Bend Vegetation Management Project EIS, 71666-71668 [2010-29476]
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71666
Notices
Federal Register
Vol. 75, No. 226
Wednesday, November 24, 2010
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
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
November 18, 2010.
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) 720–8958.
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 Mar<15>2010
15:30 Nov 23, 2010
Jkt 223001
the collection of information unless it
displays a currently valid OMB control
number.
Farm Service Agency
Title: 7 CFR 761, General Program
Administration.
OMB Control Number: 0560–0238.
Summary of Collection: Authority to
establish the regulatory requirements
contained in 7 CFR 761, which provides
that ‘‘The Head of an Executive
department or military department may
prescribe regulations for the government
of his department, the distribution and
performance of its business * * *’’ The
Secretary delegated authority to
administer the provisions of the Act
applicable to the Farm Loan Program
(FLP) to the Under Secretary for Farm
and Foreign Agricultural Service in
section 2.16 of 7 CFR part 2. FLP
provides loans to family farmers to
purchase real estate equipment and
finance agricultural production. The
regulations covered by this information
collection package describes, the
policies and procedures the agency uses
to provide supervised credit to direct
FLP applicants and borrowers in
accordance with the provisions of the
Consolidated Farm and Rural
Development Act (Pub. L. 87–128), as
amended.
Need and Use of the Information:
Information collections are submitted by
FLP direct applicants and borrowers to
the local FSA office serving the county
in which their business is
headquartered. The information is
necessary to provide supervised credit
as legislatively mandated and is used by
Agency Officials to: (1) Ensure that
when loan funds or insurance proceeds
are used for construction and
development, projects, work is
completed according to applicable state
and local requirements, and in a manner
that protects the Agency’s financial
interest. (2) Ensure that the loan
repayment plan is developed using
realistic data, based on the actual
history of the operation and any
planned improvements. (3) Identify
potential concerns limiting the success
of the operation and develop a loan
assessment outlining the course of
action to be followed, to improve the
operation so that commercial credit is
available. The agency is mandated to
provide supervised credit; therefore,
failure to collect the information, or
collecting it less frequently, could result
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in the failure of the farm operation or
loss of agency security property.
Description of Respondents: Business
or other for-profit; Farms.
Number of Respondents: 92,947.
Frequency of Responses: Reporting:
On occasion; Annually.
Total Burden Hours: 248,551.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2010–29564 Filed 11–23–10; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
Forest Service
Bend/Ft. Rock Ranger District;
Deschutes National Forest; Deschutes
County, OR; West Bend Vegetation
Management Project EIS
Forest Service, USDA.
Notice of Intent To Prepare an
Environmental Impact Statement.
AGENCY:
ACTION:
The USDA, Forest Service,
will prepare an environmental impact
statement (EIS) on a proposed action to
promote development of large tree
structural conditions and to improve
forest health and fuel conditions within
the 25,700-acre West Bend planning
area. The planning area is located to the
west of Bend, Oregon, bounded on the
east side by the urban interface of Bend,
and on the west by the Bend Watershed
Roadless Area. The planning area is
entirely within public lands managed by
the Deschutes National Forest, except
for a 588-acres inholding of privatelyowned land. An analysis has been
initiated that takes a landscape
approach to managing the vegetation to
meet objectives for resilient forest, fuels
and fire behavior, wildlife habitat, and
aesthetics. Methods that would be used
to reduce tree density and hazardous
fuels are: non-commercial and
commercial thinning, mechanical shrub
treatment, prescribed burning, arid
invasive plant treatment with herbicide.
The alternatives will include the
proposed action, no action, and, if
necessary, additional alternatives that
respond to issues generated through the
scoping process. The agency will give
notice of the full environmental analysis
and decision-making process so
interested and affected public may
SUMMARY:
E:\FR\FM\24NON1.SGM
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WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Notices
participate and contribute to the final
decision.
DATES: Comments concerning the scope
of the analysis must be received by 30
days following the date that this notice
appears in the Federal Register.
ADDRESSES: Send written comments to
Shane Jeffries, District Ranger, BendFort Rock Ranger District, Red Oaks
Square, 1230 NE. Third Street, Suite A–
262, Bend, Oregon 97701.
FOR FURTHER INFORMATION CONTACT: Beth
Peer, Environmental Coordinator, BendFort Rock Ranger District, Red Oaks
Square, 1230 NE. Third Street, Suite A–
262, Bend, Oregon 97701, phone (541)
383–4769.
Responsible Official: The responsible
official is John Allen, Forest Supervisor,
Deschutes National Forest, 1001 SW.
Emkay Dr., Bend, OR 97701.
SUPPLEMENTARY INFORMATION:
Background. Forested vegetation
within the West Bend project area is
outside of the Historic Range of
Variability (HRV) because industrial
logging and wildfire suppression/
exclusion have shifted the structural
stages and species mix. What was once
dominated by ponderosa pine and
maintained by low intensity fire is now
primarily mid-seral black bark pine with
more lodgepole and white fir than what
occurred historically. Disturbance
processes are best kept within
proportions that historically occurred or
they have the potential to remove
important habitat structure, particularly
large trees that are desired over the longterm. The HRV is important to wildlife
populations because the distribution,
quality, and quantity of habitat largely
determines the potential for a wildlife
species to exist at viable levels. As
habitat was converted, fragmented, and
opened to motorized access, many
species were reduced in number and
others were precluded from portions of
their geographic range altogether.
Vegetation management is intended to
move the project area towards the HRV
which will benefit certain focal species
that are currently lacking habitat.
The project area is located within two
Community Wildfire Protection Plan
(CWPP) areas. The CWPPs have defined
the wildland-urban interface (WUI), and
outlined priorities and strategies for
reducing fuels in the WUI and other
areas of special concern such as
evacuation routes. The project area is
very popular with recreationists.
Bounded by the Cascade Lakes Scenic
Byway to the south, Skyliner Road to
the north, and the city limits of Bend to
the east, the area supports miles of
biking, hiking, snowmobile,
crosscountry skiing, and snowshoeing
VerDate Mar<15>2010
15:30 Nov 23, 2010
Jkt 223001
trails. The Forest is the central
component of the recreation experience.
Purpose and Need. The purpose for
entering the West Bend project area
includes restoration of the forest
landscape towards historic conditions
that are considered more resilient than
the current condition. Resilience to fire
and insects is important so that
disturbance events will not lead to
large-scale loss of forest. This objective
will also lead to creating and
maintaining a diversity of wildlife
habitats closer to what historically
occurred. There is also a need to
maintain forest conditions conducive to
the desired recreation experience.
Public safety is another purpose for
the project. Maintaining previous fuels
reduction treatments to provide for
long-term public safety and further
reduce fire and fuels hazard to Bend and
the Bend watershed are important
objectives. There is also a need to
provide travel corridors that are safe for
the public and provide wildland
firefighter access during a wildfire
event.
The project area is located in Forest
Plan management allocations that are
appropriate for producing wood
products. There is a need to contribute
to the local and regional economies by
providing timber and other wood fiber
products now and in the future.
Proposed Action. The Forest Service
proposes to implement activities across
approximately 22,000 acres within the
West Bend project area. Silviculture
treatments (e.g. thinning) will provide a
diversity of forest structures that are
more in line with historical conditions.
Thinning will encourage the
development of late and old structure
characteristics in stands where not
currently present. Commercial thinning
accounts for approximately 13,190
acres. Shrub mowing will reduce
surface and ladder fuels and allow fire
to be used as an ecological restoration
tool. Prescribed fire will be applied in
the fire-dependent ecosystems to reduce
fuels, maintain habitat, and allow fire to
perform its natural ecological function.
Treatments are designed to address the
objectives for each stand type and
management area objective. Treatments
will occur most often in combination,
such as thinning followed by mowing
followed by underburning. Herbicides
are proposed for the control and
elimination of invasive plant sites on
approximately 18 acres.
Issues. Preliminary issues include the
potential effect of the proposed action
on soil productivity, invasive plant
introduction and spread, and
Management Indicator Species.
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Fmt 4703
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71667
Comment. Public comments regarding
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. This
is also an opportunity to participate in
the National Historic Preservation Act,
section 106 process.
A draft EIS will be filed with the
Environmental Protection Agency (EPA)
and available for public review by
August 2011. 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
February 2012.
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.
E:\FR\FM\24NON1.SGM
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71668
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Notices
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, Deschutes National Forest.
The responsible official will decide
where and whether or not to apply
natural fuels treatments, thin stands,
and reforest group cuts. 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 West Bend Vegetation
Management decision and the reasons
for the decision will be documented in
the record of decision, which will be
subject to Forest Service Appeal
Regulations (35 CFR part 215).
Dated: November 15, 2010.
A. Shane Jeffries,
District Ranger, Bend/Ft. Rock Ranger
District, Deschutes National Forest.
[FR Doc. 2010–29476 Filed 11–23–10; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
Cibota National Forest, Mount Taylor
Ranger District, NM, Roca Honda Mine
Forest Service, USDA.
Notice of Intent to prepare an
Environmental Impact Statement.
AGENCY:
ACTION:
Roca Honda Resources, LLC
has submitted a Plan of Operations
proposing to develop and conduct
underground uranium mining
operations on their mining claims on
and near Jesus Mesa in the Mount
Taylor Ranger District of the Cibola
National Forest. The proposed mine is
located within portions of Sections 9, 10
and 16, Township 13 North, Range 8
West, New Mexico Principal Meridian.
These sections are located in McKinley
County, New Mexico approximately
three miles northwest of San Mateo and
22 miles northeast of Grants, New
Mexico. Sections 9 and 10 are National
Forest System lands, which are open to
mineral entry under the General Mining
Law of 1872. Section 16 is State of New
Mexico land, which is not subject to the
regulatory jurisdiction of the Forest
Service. Roca Honda proposes a mine
permit area encompassing all three
sections (1,920 acres) and a surface
disturbance area of 183 acres within
Sections 9, 10 and 16. Additional
surface disturbance associated with the
mine haul roads is proposed for
Sections 11, 17 and 20. The Cibola
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:30 Nov 23, 2010
Jkt 223001
National Forest will prepare an
environmental impact statement (EIS) to
assess the development of a uranium
mining operation on the Mount Taylor
Ranger District.
DATES: Comments concerning the scope
of the analysis must be received by 30
days after the publication of the NOI.
Public scoping open houses will be held
during the scoping period in Grants and
Gallup, New Mexico. The tentative
schedule for the open houses is as
follows: Tuesday, December 14, 2010, in
Grants, New Mexico, and Thursday,
December 16, 2010, in Gallup, New
Mexico. The final times and locations of
these meetings will be announced by
public notice and will be posted on the
Cibola National Forest Web site. The
draft environmental impact statement is
expected by the summer of 2011 and the
final environmental impact statement
and Record of Decision (ROD) is
expected by the end of 2011.
ADDRESSES: Send written comments to
Diane Tafoya, Minerals Project Manager,
Cibola National Forest, 2113 Osuna
Road, NE., Albuquerque, NM 87113.
FOR FURTHER INFORMATION CONTACT: For
further information, mail
correspondence to Diane Tafoya,
Minerals Project Manager, Cibola
National Forest, 2113 Osuna Road, NE.,
Albuquerque, NM 87113.
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:
Purpose and Need for Action
Roca Honda Resources, LLC has
submitted a Plan of Operations for
development of a uranium mine at the
Roca Honda claims. The purpose of the
EIS is to evaluate the environmental
impacts of the proposed Plan of
Operations and determine whether to
approve the Plan as proposed or to
require additional mitigation measures
to protect the environment (in
accordance with Forest Service
regulations for locatable minerals).
The need for action is to allow Roca
Honda Resources, LLC to exercise their
rights under U.S. mining laws. Roca
Honda Resources, LLC has a right to
develop and remove the mineral
resources as set forth by the General
Mining Law of 1872 as amended. The
1872 Mining Law and 1897 Organic Act
provide that the public has a statutory
right to conduct prospecting,
exploration, development and
production activities on federal lands
(unless specifically exempted), provided
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
these activities are reasonably incident
(1955 Multiple Use Mining Act and case
law) to mining and comply with other
federal laws.
The Forest Service has the
responsibility to protect surface
resources. Mining regulations state that,
‘‘operations shall be conducted so as,
where feasible, to minimize adverse
environmental effects on National
Forest System surface resources (36 CFR
228.8),’’ provided such regulation does
not endanger or materially interfere
with prospecting, mining, or processing
operations or reasonably incidental uses
(1955 Multiple Use Mining Act and case
law).
Proposed Action
Roca Honda proposes to conduct
mining operations for a period of
approximately 18–19 years, including
mine development, operations and
reclamation. The proposed mining
operations consist of three phases: (1)
Mine Development—baseline data
gathering, initial site development,
construction, and depressurizing
activities, which would be conducted to
facilitate mine shaft construction.
Depressurizing activities include
constructing a ring of wells around the
perimeter of the area of the productions
shafts into the Gallup, Dakota, and
Westwater formations. These wells
would be installed in advance of shaft
construction and pumped in order to
relieve the hydrostatic pressure in the
formation, thus reducing the amount of
water flowing into the shaft excavation
as it advances through the formation.
Five ventilation shafts, 8–10 ft in
diameter, and two concrete-lined
production shafts, 18 ft in diameter,
would be constructed. (2) Mine
Operation activities directly related to
production of uranium ore from the
underground mine, and transport of the
ore offsite for mineral processing. Soils,
rock, and ore would be stockpiled on
the surface. Up to 4,000 gallons per
minute of water would be pumped from
the mine and treated prior to discharge
in a tributary of San Mateo Creek. (3)
Mine Reclamation—activities intended
to reclaim land affected by mine
development and operation, and to
return that land to an approved postmining land use (grazing).
The proposed federal action is to
approve Roca Honda Resources, LLC’s
Plan of Operations with mitigations
needed to protect other non-mineral
surface resources consistent with Forest
Plan, regulations, and other applicable
laws.
E:\FR\FM\24NON1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Notices]
[Pages 71666-71668]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29476]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Bend/Ft. Rock Ranger District; Deschutes National Forest;
Deschutes County, OR; West Bend Vegetation Management Project EIS
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent To Prepare an Environmental Impact Statement.
-----------------------------------------------------------------------
SUMMARY: The USDA, Forest Service, will prepare an environmental impact
statement (EIS) on a proposed action to promote development of large
tree structural conditions and to improve forest health and fuel
conditions within the 25,700-acre West Bend planning area. The planning
area is located to the west of Bend, Oregon, bounded on the east side
by the urban interface of Bend, and on the west by the Bend Watershed
Roadless Area. The planning area is entirely within public lands
managed by the Deschutes National Forest, except for a 588-acres
inholding of privately-owned land. An analysis has been initiated that
takes a landscape approach to managing the vegetation to meet
objectives for resilient forest, fuels and fire behavior, wildlife
habitat, and aesthetics. Methods that would be used to reduce tree
density and hazardous fuels are: non-commercial and commercial
thinning, mechanical shrub treatment, prescribed burning, arid invasive
plant treatment with herbicide. The alternatives will include the
proposed action, no action, and, if necessary, additional alternatives
that respond to issues generated through the scoping process. The
agency will give notice of the full environmental analysis and
decision-making process so interested and affected public may
[[Page 71667]]
participate and contribute to the final decision.
DATES: Comments concerning the scope of the analysis must be received
by 30 days following the date that this notice appears in the Federal
Register.
ADDRESSES: Send written comments to Shane Jeffries, District Ranger,
Bend-Fort Rock Ranger District, Red Oaks Square, 1230 NE. Third Street,
Suite A-262, Bend, Oregon 97701.
FOR FURTHER INFORMATION CONTACT: Beth Peer, Environmental Coordinator,
Bend-Fort Rock Ranger District, Red Oaks Square, 1230 NE. Third Street,
Suite A-262, Bend, Oregon 97701, phone (541) 383-4769.
Responsible Official: The responsible official is John Allen,
Forest Supervisor, Deschutes National Forest, 1001 SW. Emkay Dr., Bend,
OR 97701.
SUPPLEMENTARY INFORMATION:
Background. Forested vegetation within the West Bend project area
is outside of the Historic Range of Variability (HRV) because
industrial logging and wildfire suppression/exclusion have shifted the
structural stages and species mix. What was once dominated by ponderosa
pine and maintained by low intensity fire is now primarily mid-seral
black bark pine with more lodgepole and white fir than what occurred
historically. Disturbance processes are best kept within proportions
that historically occurred or they have the potential to remove
important habitat structure, particularly large trees that are desired
over the long-term. The HRV is important to wildlife populations
because the distribution, quality, and quantity of habitat largely
determines the potential for a wildlife species to exist at viable
levels. As habitat was converted, fragmented, and opened to motorized
access, many species were reduced in number and others were precluded
from portions of their geographic range altogether. Vegetation
management is intended to move the project area towards the HRV which
will benefit certain focal species that are currently lacking habitat.
The project area is located within two Community Wildfire
Protection Plan (CWPP) areas. The CWPPs have defined the wildland-urban
interface (WUI), and outlined priorities and strategies for reducing
fuels in the WUI and other areas of special concern such as evacuation
routes. The project area is very popular with recreationists. Bounded
by the Cascade Lakes Scenic Byway to the south, Skyliner Road to the
north, and the city limits of Bend to the east, the area supports miles
of biking, hiking, snowmobile, crosscountry skiing, and snowshoeing
trails. The Forest is the central component of the recreation
experience.
Purpose and Need. The purpose for entering the West Bend project
area includes restoration of the forest landscape towards historic
conditions that are considered more resilient than the current
condition. Resilience to fire and insects is important so that
disturbance events will not lead to large-scale loss of forest. This
objective will also lead to creating and maintaining a diversity of
wildlife habitats closer to what historically occurred. There is also a
need to maintain forest conditions conducive to the desired recreation
experience.
Public safety is another purpose for the project. Maintaining
previous fuels reduction treatments to provide for long-term public
safety and further reduce fire and fuels hazard to Bend and the Bend
watershed are important objectives. There is also a need to provide
travel corridors that are safe for the public and provide wildland
firefighter access during a wildfire event.
The project area is located in Forest Plan management allocations
that are appropriate for producing wood products. There is a need to
contribute to the local and regional economies by providing timber and
other wood fiber products now and in the future.
Proposed Action. The Forest Service proposes to implement
activities across approximately 22,000 acres within the West Bend
project area. Silviculture treatments (e.g. thinning) will provide a
diversity of forest structures that are more in line with historical
conditions. Thinning will encourage the development of late and old
structure characteristics in stands where not currently present.
Commercial thinning accounts for approximately 13,190 acres. Shrub
mowing will reduce surface and ladder fuels and allow fire to be used
as an ecological restoration tool. Prescribed fire will be applied in
the fire-dependent ecosystems to reduce fuels, maintain habitat, and
allow fire to perform its natural ecological function. Treatments are
designed to address the objectives for each stand type and management
area objective. Treatments will occur most often in combination, such
as thinning followed by mowing followed by underburning. Herbicides are
proposed for the control and elimination of invasive plant sites on
approximately 18 acres.
Issues. Preliminary issues include the potential effect of the
proposed action on soil productivity, invasive plant introduction and
spread, and Management Indicator Species.
Comment. Public comments regarding 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. This is also an opportunity to participate in
the National Historic Preservation Act, section 106 process.
A draft EIS will be filed with the Environmental Protection Agency
(EPA) and available for public review by August 2011. 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 February 2012.
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.
[[Page 71668]]
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, Deschutes National Forest. The responsible
official will decide where and whether or not to apply natural fuels
treatments, thin stands, and reforest group cuts. 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 West Bend Vegetation Management decision and the reasons for
the decision will be documented in the record of decision, which will
be subject to Forest Service Appeal Regulations (35 CFR part 215).
Dated: November 15, 2010.
A. Shane Jeffries,
District Ranger, Bend/Ft. Rock Ranger District, Deschutes National
Forest.
[FR Doc. 2010-29476 Filed 11-23-10; 8:45 am]
BILLING CODE 3410-11-M
