[Federal Register Volume 63, Number 34 (Friday, February 20, 1998)]
[Notices]
[Page 8609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4287]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 63, No. 34 / Friday, February 20, 1998 / 
Notices  

[[Page 8609]]


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DEPARTMENT OF AGRICULTURE

Forest Service


Supplement to the Final Environmental Impact Statement for the 
Summit Fire Recovery, Malheur National Forest, Grant County, Oregon

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to supplement a final environmental impact 
statement.

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SUMMARY: The USDA, Forest Service, will prepare a supplement to the 
final environmental impact statement (EIS) for the Summit Fire Recovery 
on the Long Creek Ranger District of the Malheur National Forest. The 
final EIS and Record of Decision for the Summit Fire Recovery were 
released by Forest Supervisor F. Carl Pence in October 1997 [Notice of 
Availability, October 10, 1997, (62 FR 52998)]. A review of the 
existing environemtal analysis specific to riparian habitat 
conservation areas, management indicator species, and water quality 
within the Summit Fire project area revealed new environmental 
information. This information will be documented as a supplement to the 
existing analysis.

DATES: Written comments are due March 6, 1998.

ADDRESSES: Send written comments and suggestions concerning the scope 
of this supplemental analysis to Doug V. Robin, District Ranger, P.O. 
Box 849, John Day, Oregon 97845.

FOR FURTHER INFORMATION CONTACT: Acting Deputy Forest Supervisor Dave 
Craig, P.O. Box 909, John Day, OR 97845 or District Ranger Doug Robin, 
P.O. Box 849, John Day, OR 97845 (phone: 541-575-3000).

SUPPLEMENTARY INFORMATION: The purpose of the supplement is to evaluate 
new information available to the Forest Service with regard to riparian 
habitat conservation areas (RHCA), management indicator species (MIS), 
soils, roadless area character, and water quality. Alternatives in the 
final EIS will include at least one new alternative which will be 
considered in light of the new information.
    A draft supplement will be prepared and circulated for comment. 
Comments received on the draft supplement EIS will be considered in the 
preparation of the final EIS. The draft supplement is expected to be 
available for public review and comment in March 1998.
    The Forest Service believes 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 
the supplemental EIS must structure their participation in the 
environmental review of the proposal so that it is meangingful and 
alerts an agency to the reviewer's position and contentions. Vermont 
Yankee Nuclear Power Corp. v. NRDC, 436 U.S. 519, 553 (1978). Also, 
environmental objections that could be raised at the draft supplement 
EIS stage, but that are not raised until completion of the final EIS, 
may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 
f. 2d 1016, 1002 (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 important that those interested in this proposed 
action participate by the close of the 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 supplement 
EIS should be as specific as possible. It is also helpful if comments 
refer to specific pages or chapters of the draft supplement. Comments 
may also address the adequacy of the supplement EIS 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.)
    The final EIS is scheduled for completion by Summer 1998. In the 
final EIS, the Forest Service is required to respond to substantive 
comments received during the comment period for the draft supplement. 
Forest Supervisor F. Carl Pence is the Responsible Official. He will 
decide which, if any, of the alternatives will be implemented. His 
decision and rationale for the decision will be documented in the 
Record of Decision, which will be subject to Forest Service Appeal 
Regulations (36 CFR 215).

    Dated: February 11, 1998.
F. Carl Pence,
Forest Supervisor.
[FR Doc. 98-4287 Filed 2-19-98; 8:45 am]
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