[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4684]


[[Page Unknown]]

[Federal Register: March 2, 1994]


                                                    VOL. 59, NO. 41

                                           Wednesday, March 2, 1994
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DEPARTMENT OF AGRICULTURE

Forest Service

 

Eldorado National Forest Land and Resource Management Plan; 
Intent To Prepare an Environmental Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Forest Service will prepare an environmental impact 
statement (EIS) for resource management activities, including biomass 
removal, timber harvest, fuelbreak construction and wildlife habitat 
improvement work on the Whale Rock Forest Health Multi-resource 
Project, involving a total planning area size of about 4,500 acres on 
the Pacific Ranger District of the Eldorado National Forest. The agency 
invites written comments and suggestions on the scope of the analysis. 
The agency also gives notice of the full environmental analysis and 
decisionmaking process that will occur on the proposal so that 
interested and affected people are aware of how they may participate 
and contribute to the final decision.

DATES: Comments concerning the scope of the analysis must be received 
by April 4, 1994.

ADDRESSES: Submit written comments and suggestions concerning the scope 
of the analysis to Marie Kennedy, Assistant Silviculturist, Pacific 
Ranger Station, Pollock Pines, California, 95726.

FOR FURTHER INFORMATION CONTACT:
Quesitons about the proposed action and EIS should be directed to Marie 
Kennedy, Assistant Silviculturist, Pacific Ranger Station, Pollock 
Pines, California, 95726, phone 916-644-2349.

SUPPLEMENTARY INFORMATION: The Eldorado National Forest Land and 
Resource Management Plan was completed in January 1989. The Whale Rock 
Forest Health Multi-resource Project EIS will tier to the approved 
Eldorado National Forest Land and Resource Management Plan. Most of the 
land in the analysis area is identified in the approved Plan as having 
a general management direction of timber management.
    There are no known permits or licenses required to implement the 
proposed action.
    In preparing the EIS, the Forest Service will identify and consider 
a range of alternatives for this project. The proposed alternatives 
will include the following tentative alternative themes:

1. No Action
2. Forest Health--timber product, including biomass, management 
emphasis
3. Forest Health--wildlife management emphasis
4. Forest Health--fuels management emphasis
5. Forest Health--multiple use management emphasis.

    These alternatives will consider varying levels and distribution of 
vegetation manipulation, timber harvest and fuels management. No new 
specified road construction is anticipated. Road reconstruction needs 
will include drainage work, clearing and minor realignment. The amount 
of road reconstruction necessary for this project will vary between 
alternatives. Harvest prescriptions will include understory removal of 
both merchantable and sub-merchantable trees, commercial thinning, and 
fuelbreak construction guidelines. All harvest prescriptions will 
conform with the California Spotted Owl Sierran Province Interim 
Guidelines Environmental Assessment and Decision Notice. Adaptive 
management strategies for the Spotted Owl may be included under certain 
alternatives where benefits to the spotted owl can be shown, that is, 
wildlife habitat activities or fuel management activities that are 
designed to better maintain future management options of the spotted 
owl by improving or retaining stand components most at risk.
    Volume estimates of timber to be harvested range from 0 to 10 mmbf 
of commercial sawtimber. Biomass estimates range from 0 to 30,000 tons. 
These estimates will be dependent on which alternative is chosen.
    Preliminary issues that have been identified during the internal 
scoping process include:

1. The potential for cumulative watershed effects within the project 
area.
2. The selection and application of adaptive management strategies to 
best achieve the habitat needs of the spotted owl.

    Public participation will be especially important at several points 
during the analysis. The first point is during the scoping process (40 
CFR 1501.7).
    The Forest Service will be seeking information, comments, and 
assistance from federal, state, and local agencies and other 
individuals or organizations who may be interested in or affected by 
the proposed project. This input will be used in preparation of the 
draft EIS. The scoping process includes:

1. Defining the scope of the analysis and nature of the decision to be 
made.
2. Identifying the issues and determining the significant issues for 
consideration and analysis within the EIS.
3. Defining the proper interdisciplinary team make-up.
4. Determining the effective use of time and money in conducting the 
analysis.
5. Identifying potential environmental, technical, and social impacts 
of the EIS and alternatives.
6. Determining potential cooperating agencies.
7. Identifying groups or individuals interested or affected by the 
decision.

    Robert Harris, Acting Forest Supervisor, Eldorado National Forest, 
is the responsible official.
    The draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and to be available for public review by June 
1994. At that time EPA will publish a notice of availability of the 
draft EIS in the Federal Register. The comment period on the draft EIS 
will be 45 days from the date that EPA's notice of availability appears 
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 
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's position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement stage, but that are not raised 
until after completion of the final environmental impact statement may 
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (E.D. Wis. 1980).
    Because of these court rulings, it is very important that those 
interested in this proposed action participate by the close of the 45-
day comment period so that substantive comments and objections are made 
available to the Forest Service at a time when it can meaningfully 
consider them and respond to them in the final environmental impact 
statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
environmental impact statement should be as specific as possible. It is 
also helpful if comments refer to specific pages or chapters of the 
draft 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.
    After the comment period ends on the draft EIS, the comments will 
be analyzed and considered by the Forest Service in prearing the final 
EIS. The final EIS is scheduled to be completed by October 1994. In the 
final EIS the Forest Service is required to respond to the comments and 
responses received (40 CFR 1503.4). The responsible official will 
considered the comments, responses, and enviornmental consequences 
discussed in the draft EIS; and applicable laws, regulations, and 
policies in making a decision regarding this project. The responsible 
official will document the decision and reasons for the decision in the 
Record of Decision. That decision will be subject to appeal pursuant to 
36 CFR part 215.

    Dated: February 23, 1994.
Robert Harris,
Acting Forest Supervisor, Eldorado National Forest.
[FR Doc. 94-4684 Filed 3-1-94; 8:45 am]
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