[Federal Register Volume 65, Number 201 (Tuesday, October 17, 2000)]
[Notices]
[Page 61302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26567]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Application of Notice, Comment, and Appeal Procedures for Certain 
Projects and Activities

AGENCY: Forest Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Pending the adoption of an interim final rule, the Forest 
Service will apply the notice, comment, and appeal procedures in 36 CFR 
part 215 to certain project and activity decisions. This action is 
required by the terms of a settlement agreement of litigation between 
the U.S. Forest Service and Heartwood, Incorporated.

EFFECTIVE DATE: Notice, comment, and appeal procedures apply to those 
project and activity decisions identified in the settlement agreement 
and made after October 24, 2000.

ADDRESSES: Written inquiries, as well as requests for the settlement 
agreement, may be sent to the Director, Ecosystem Management 
Coordination Staff, USDA Forest Service, P.O. Box 96090, Washington, DC 
20090-6090.

FOR FURTHER INFORMATION CONTACT: Steve Segovia, Assistant Director for 
Appeals and Litigation, telephone (202) 205-1066; FAX (202) 205-1012.

SUPPLEMENTARY INFORMATION: In the matter of Heartwood, Inc. v. U.S. 
Forest Service, Civ. No. 99-4255 (S.D. III. Sept. 15, 2000), the agency 
and plaintiff entered a settlement agreement that the agency would 
promulgate an interim final rule settling forth the notice, comment, 
and appeal procedures at 36 CFR part 215 for the following projects and 
activities:
    (1) Projects involving the use of prescribed burning;
    (2) Projects involving the creation or maintenance of wildlife 
openings;
    (3) The designation of travel routes for off-highway vehicle (OHV)( 
use which is not conducted through the travel management planning 
process as part of the forest planning process;
    (4) The construction of new OHV routes and facilities intended to 
support OHV use;
    (5) The upgrading, widening, or modification of OHV routes to 
increase either the levels or types of use by OHVs (but not projects 
performed for the maintenance of existing routes);
    (6) The issuance or reissuance of special use permits for OHV 
activities conducted on areas, trails, or roads that are not designated 
for such activities;
    (7) Projects in which the cutting of trees for thinning or wildlife 
purposes occurs over an area greater than 5 contiguous acres;
    (8) Gathering geophysical data using shorthole, vibroseis, or 
surface charge;
    (9) Trenching to obtain evidence of mineralization;
    (10) Clearing vegetation for sight paths from areas used for 
mineral, energy, or geophysical investigation or support facilities for 
such activities.
    At the time of publication of the interim rule, the agency also 
will invite public comment for consideration in adopting a final rule.
    Pending adoption of this interim rule, the agency agreed to give 
notice in the Federal Register that it would apply these notice, 
comment, and appeal procedures as of the effective date given in the 
notice.
    A copy of the settlement agreement is available by writing the 
address listed earlier in this notice or by logging onto the ``NEPA, 
NFMA and Appeals'' page of the Forest Service homepage of the World 
Wide Web, the address for which is http://www.fs.fed.us/forum/nepa.

    Dated: October 11, 2000.
James R. Furnish,
Deputy Chief for National Forest System.
[FR Doc. 00-26567 Filed 10-16-00; 8:45 am]
BILLING CODE 3410-11-M