[Federal Register Volume 66, Number 152 (Tuesday, August 7, 2001)]
[Notices]
[Pages 41198-41200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19688]


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DEPARTMENT OF AGRICULTURE

Forest Service


Southwestern Region, Arizona, New Mexico, West Texas, and West 
Oklahoma Amendment of Land and Resource Management Plans in the 
Southwestern Region

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Southwestern Region of the Forest Service is planning to 
prepare an environmental impact statement on a proposal to amend 
National Forest land and resource management plans to modify standards 
and guidelines for Mexican spotted owl and northern goshawk within 
wildland-urban interface areas and to emphasize the management of 
wildland-urban interface areas throughout the southwest. The amendment 
would modify applicable standards and

[[Page 41199]]

guidelines to place emphasis on, and describe direction for the 
management of wildland-urban areas in the southwestern region. The 
amendment would apply to all subsequent project-level resource 
management decisions that will involve site-specific environmental 
analysis and appropriate public involvement.

DATES: Comments in response to this Notice of Intent concerning the 
scope of the analysis should be received in writing to the address 
listed below.

ADDRESSES: Send written comments to USDA Forest Service, 333 Broadway 
SE, Albuquerque, New Mexico 87102-3498, ATTN: Director Ecosystem 
Analysis and Planning.
    Responsible Official: The Regional Forester, Southwestern Region, 
will be the responsible official and will decide on amendments to land 
and resource management plans to incorporate standards and guidelines 
as described above.

FOR FURTHER INFORMATION CONTACT: Director of Ecosystem Analysis and 
Planning, 333 Broadway SE, Albuquerque, New Mexico 87102-3498, (505) 
842-3210.

SUPPLEMENTARY INFORMATION: The following describes the proposed 
amendment for the land and resource management plans to reflect 
management emphasis in wildland-urban interface areas and to modify 
certain standards and guidelines to complement that management 
emphasis. The current land and resource management plans in the 
Southwestern Region contain no specific description or management 
direction for wildland-urban interface areas. Current standards and 
guidelines for Mexican spotted owl and northern goshawk habitat 
management may conflict with wildland-urban interface management. The 
language for the proposed amendment to modify forest-wide standards and 
guidelines follows. The proposed text will read:

Wildland-Urban Interface

All Forests

    Wildland-urban interface includes those areas of resident 
populations at imminent risk from wildfire, and human developments 
having special significance. These areas encompass not only the sites 
themselves, but also the continuous slopes and fuels that lead directly 
to the sites, regardless of the distance involved. Reference Forest 
Service Manual 5140, R-3 Supplement for a complete definition of 
wildland-urban interface. Management activities in wildland-urban 
interface should be designed to keep fire on the ground, or in a worst-
case scenario, transform a running crown fire back to a ground fire, so 
that suppression efforts can be more effective. The objective of fuels 
management in areas of wildland-urban interface is to reduce potential 
wildland fire intensity to a level where fire suppression forces can 
safely remain on site during a wildland fire. This includes fires 
originating on other ownerships that may encroach upon national forest 
lands, or wildland fires originating on national forest lands that may 
encroach on other ownerships.

Mexican Spotted Owl

Applicability

    The Mexican spotted owl standards and guidelines apply to forest 
and woodland communities, with the exception of wildland-urban 
interface areas within \1/2\ mile of the forest boundary. Within this 
\1/2\-mile area, wildland-urban interface fuel management objectives 
take precedence over Mexican spotted owl standards and guidelines. 
Wildland-urban interface areas beyond the \1/2\-mile limit are subject 
to Mexican spotted owl standards and guidelines if they are within 
forest and woodland communities. Mexican spotted owl standards and 
standards and guidelines should be followed with \1/2\ mile of a 
wildland-urban interface boundary to the extent they can be implemented 
and still achieve wildland-urban interface fuel management objectives.

Ecosystem Management in Northern Goshawk Habitats

Applicability

    The northern goshawk standards and guidelines apply to forest and 
woodland communities that are outside of the Mexican spotted owl 
protected and restricted areas, with the exception of areas within \1/
2\ mile of wildland-urban interface.
    Wildland-urban interface borders those areas of human populations 
at imminent risk from wildfire, and human developments having special 
significance. See Forest Service Manual 5140, R-3 Supplement, for a 
complete definition of wildland-urban interface.
    Within this \1/2\-mile area, wildland-urban interface fuel 
management objectives take precedence over northern goshawk standards 
and guidelines if they are within forest and woodland communities. 
Northern goshawk standards and guidelines should be followed within \1/
2\ mile of a wildland-urban interface boundary to the extent they can 
be implemented and still achieve wildland-urban interface objectives.
    Within Mexican spotted owl protected and restricted areas outside 
of the \1/2\-mile zone described above, the Mexican spotted owl 
standards and guidelines take precedence over the northern goshawk 
standards and guidelines. Outside of the \1/2\-mile zone, one or the 
other (owl or goshawk) set of standards and guidelines applies to 
forest and woodland communities, but the Mexican spotted owl standards 
and guidelines always take precedence in areas of overlap.
    Comments concerning the proposed action were solicited from over 
900 potentially affected and interested people, agencies, and 
organizations in June and July 2001. These comments will assist us in 
preparing a draft environmental impact statement.
    A draft environmental impact statement is expected to be available 
for public review and comment by October 2001, and a final 
environmental impact statement by March 2002.
    The comment period on the draft environmental impact statement will 
run for 45 days following the date the Environmental Protection Agency 
publishes the notice of availability in the Federal Register.
    The Forest Service believes it is important to give reviewers 
notice of several court rulings related to public participation in the 
environmental review process. First, reviewers of draft environmental 
impact statements 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, 553 (1978). Also, 
environmental objections that could be raised at draft environmental 
impact statement stage but that are not raised until after completion 
of the final environmental impact statement 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 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 environmental impact 
statement.
    To assist the Forest Service in identifying and considering issues, 
and concerns on the proposed action, comments on the draft 
environmental

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impact statement 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 draft environmental 
impact statement 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.
    Comments received in response to this solicitation, including names 
and addresses of those who comment, will be considered part of the 
public record on this proposed action and will be available for public 
inspection. Comments submitted anonymously will be accepted and 
considered. Additionally, pursuant to 7 CFR 1.27(d), any person may 
request the agency to withhold a submission from the public record by 
showing how the Freedom of Information Act (FOIA) permits such 
confidentiality. Persons requesting such confidentiality should be 
aware that, under FOIA, confidentiality may be granted in only very 
limited circumstances, such as to protect trade secrets.
    The Forest Service will inform the requester of the agency's 
decision regarding the request for confidentiality, and where the 
request is denied, the agency will return the submission and notify the 
requester that the comments may be resubmitted with or without name and 
address.

    Dated: July 31, 2001.
Eleanor S. Towns,
Regional Forester.
[FR Doc. 01-19688 Filed 8-6-01; 8:45 am]
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