[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]


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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.

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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]
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