[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)] [Notices] [Pages 15649-15650] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-8339] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service Nicore Mining Plan of Operation, Siskiyou National Forest, Josephine County, Oregon AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an Environmental Impact Statement. ----------------------------------------------------------------------- SUMMARY: The USDA, Forest Service, in cooperation with the Bureau of Land Managment, will prepare an Environmental Impact Statement (EIS) to disclose the environmental impacts for a site-specific Proposed Action to approve a Plan of Operation for access and mining with mitigation, in the West Fork Illinois River drainage, of the Illinois Valley Ranger District, Siskiyou National Forest, Josephine County, Oregon. These are two access alternatives presently under consideration. The Agency gives notice of the full environmental analysis and decision-making process that will occur on the Proposed Action, so that interested and affected persons are aware of how they may participate and contribute to the analysis. DATES: Issues with the Proposed Action must be received in writing before May 5, 1997. ADDRESSES: Submit written issues with the Proposed Action to Mary Zuschlag, District Ranger, Illinois Valley Ranger District, 26568 Redwood Highway, Cave Junction, Oregon, 97523. FOR FURTHER INFORMATION CONTACT: Direct questions about the Proposed Action and EIS to Don McLennan, Interdisciplinary Team Leader, Illinois Valley Ranger District, 26568 Redwood Highway, Cave Junction, Oregon, 97523 or by calling (541) 592-2166. SUPPLEMENTARY INFORMATION: The 1872 Mining Law, Section 1 states that all valuable mineral deposits in lands belonging to the United States are to be free and open to exploration. The 1970 Mining and Minerals Policy Act declares that it is the policy of the Federal Government to foster and encourage private enterprise in the development of economically sound and stable domestic mining, minerals, metal and mineral reclamation industries. The Act also declares that it is the policy of the Federal Government to foster and encourage private enterprise in the orderly and economic development of domestic mineral resources. In preparing the EIS, the Agency will tier to the Amended Land and Resource Management Plan for the Siskiyou National Forest, consider submitted written issues with Proposed Action, and develop additional alternatives that respond to the significant issues with the Proposed Action. In addition, the agency will analyze a no-action alternative. Public participation will be important at several times during the analysis. The first time is during the scoping period [Reviewer may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environment Policy Act (CFR) at 40 CFR 150.7]. The Agency will be seeking written issues with the Proposed Action from Federal, State, and local agencies, any affected Indian tribes, the permit applicant, and other individuals who may be interested in or affected by the Proposed Action. This input will be [[Page 15650]] used to develop additional alternatives. The scoping process includes: 1. Contacting Federal, State, and local agencies, any affected Indian tribes, the permit applicant, and other individuals who may be interested in or affected by the Proposed Action. 2. Identifying potential issues. 3. Selecting significant issues with the Proposed Action, needing in-depth analysis. 4. Eliminating insignificant issues; issues that have been analyzed and documented in a previous EIS, issues that controvert the need for the Proposed Action, or issues that are outside the authority of the Responsible Official to decide. 5. Identifying resources that have a potential for being effected by the Proposed Action. The Draft EIS is expected to be filed with the Environmental Protection Agency (EPA) and be available for review by July 1997. At that time, EPA will publish a Notice of Availability for the Draft EIS in the Federal Register. A 45-day comment period for the Draft EIS will be from the date the EPA's Notice of Availability appears in the Federal Register. To assist the Agency, comments on the Draft EIS will need to be written, be as specific as possible, refer to specific pages and chapters of the Draft EIS, and address either the adequacy of the Draft EIS or the merits of the alternatives discussed in the Draft EIS (40 CFR 1503.3). It is important to give Reviewers notice at this early stage 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 process of the Proposed Action so that it is specific, 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 early-on in the environmental review process, but that are not raised until after completion of the Final EIS, 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 are available to the Agency at a time when the Agency can meaningfully consider and respond to them in the Final EIS. After the 45-day comment period ends on the Draft EIS, comments will be considered and analyzed by the Agency in preparing the Final EIS. The Final EIS is scheduled to be completed by December 1997. In the Final EIS, the Agency is required to respond to the comments received (40 CFR 1503.4). The Responsible Official will be Mike Lunn, Forest Supervisor, who will consider the Final EIS, applicable laws, regulations, policies, and analysis files in making decision regarding this Proposed Action. The Responsible Official will document the decision and rationale in the Record of decision. That decision will be subject to appeal by the general public under 36 CFR 215 and by the miner under 36 CFR 251. Dated: March 25, 1997. Liz Agpaoa, Acting Forest Supervisor. [FR Doc. 97-8339 Filed 4-1-97; 8:45 am] BILLING CODE 3410-11-M