[Federal Register Volume 65, Number 250 (Thursday, December 28, 2000)]
[Notices]
[Page 82320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33033]



[[Page 82320]]

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

DEPARTMENT OF AGRICULTURE

Forest Service


Rio Sabana Day Use Picnic Area, Caribbean National Forest, 
Naguabo, Puerto Rico; Revised Notice of Intent To Prepare an 
Environmental Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Revised notice.

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

SUMMARY: This notice is to announce that the Caribbean National Forest 
is revising the date for filing a Draft Environmental Impact Statement 
(DEIS) for the Rio Sabana Day Use Picnic Area; and that the USDA Forest 
Service and the Puerto Rico Department of Transportation and Public 
works have agreed to act as joint lead agencies in the preparation of 
the EIS. This revises the notice of intent for this project, originally 
published in the Federal Register on Friday, September 18, 1998, Vol. 
63, No. 181, pp. 49894-49895, and revised notices of intent published 
December 21, 1998, Vol. 63, No. 244, pp. 70385-70386; and December 28, 
1998, Vol. 63, No. 248, pp. 71441-71442. The agency expects to file a 
DEIS with the Environmental Protection Agency (EPA) and make it 
available for public comment March 2001.

DATES: Comments on the DEIS, to be considered in the preparation of the 
Final Environmental Impact Statement (FEIS), must be received 45 days 
following the publication of notice of availability of the DEIS.

ADDRESSES: Send written comments to Ricardo Garcia, Forest Planner; 
Caribbean National Forest, P.O. Box 490, Palmer, Puerto Rico 00721.

FOR FURTHER INFORMATION CONTACT: Ricardo Garcia, Forest Planner, 787-
888-5640.

SUPPLEMENTARY INFORMATION: The Caribbean National Forest is proposing 
to develop a day use picnic area located in the vicinity of the Rio 
Sabana Bridge, on Highway PR 191 at Km. 20.0, in the Cubuy Sector of 
the Municipality of Naguabo, and to reconstruct the Rio Sabana Trail 
(approximately 2.5 miles). In order to provide vehicular access to the 
proposed picnic area, the Puerto Rico Department of Transportation and 
Public Works is proposing to reconstruct the section of Highway PR 191 
from Km. 21.3 to Km. 20.0 (approximately 0.8 miles), that is currently 
closed to public traffic.
    Scoping actions which have been completed to date include: (1) a 
field trip to the site with local residents, elected officials, and 
agency representatives (2/4/98); (2) a meeting with interested parties 
at a local residence (2/23/98); (3) a meeting with Rep. Robert Baez, 
Puerto Rico House of Representatives (8/28/98); and (4) mailing of 
scoping letters to approximately 75 potentially interested individuals, 
organizations and government agencies (12/98).
    The following preliminary issues have been identified through 
scoping; (1) lack of developed recreation sites and trails on the south 
side of the Forest; (2) inadequate budget for operation and maintenance 
of additional recreation facilities on the Forest; (3) possible adverse 
impacts on wilderness values; (4) possible adverse impacts on primary 
forest and endangered, threatened or sensitive plants or animals; (5) 
potential for increased soil erosion and stream sedimentation; (6) 
possible improvement in water quality due to providing toilets at the 
site which is receiving heavy recreation use; (7) possible adverse 
impacts on cultural resources; (8) potential for increased traffic 
congestion on Highway PR 191; and (9) potential to increase law 
enforcement and public safety problems.
    A DEIS is expected to be available for public review, beginning 
about March 2001. The comment period on the DEIS will be 45 days from 
the date the EPA publishes the notice of availability 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 
DEIS, must structure their participation in the environmental review of 
the proposal so that it is meaningful and alerts an agency to the 
reviewer's position and contentions. Vermont Yankee Nuclear Power Corp. 
v. NRDC, 435 U.S. 519, (1978). Also, environmental objections that 
could be raised at the DEIS stage, but that are not raised until after 
completion of the FEIS, 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 
comment period (45 days after publication in the Federal Register of 
the notice of availability of the DEIS, estimated to be March 2001) 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 FEIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the DEIS 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 DEIS 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 on the DEIS ends, the comments will be 
analyzed, considered, and responded to by the Forest Service in 
preparing the FEIS. The Responsible Official will consider the 
comments, responses, environmental consequences discussed in the FEIS, 
and applicable laws, regulations, and policies in making a decision. 
The Responsible Official will document the decision and rationale for 
the decision in a Record of Decision.
    The decision will be subject to appeal in accordance with 36 CFR 
Part 215. The Responsible Official is: Pablo Cruz, Forest Supervisor, 
Caribbean National Forest, P.O. Box 490, Palmer, Puerto Rico 00721.

    Dated: December 1, 2000.
Pablo Cruz,
Forest Supervisor.
[FR Doc. 00-33033 Filed 12-27-00; 8:45 am]
BILLING CODE 3410-11-M