[Federal Register Volume 66, Number 159 (Thursday, August 16, 2001)]
[Notices]
[Pages 42992-42993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20622]


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DEPARTMENT OF AGRICULTURE

Forest Service


Supplement to Draft Environmental Impact Statement for the 
Silvies Canyon Watershed Restoration Project, Malheur National Forest, 
Grant and Harney Counties, OR

AGENCY: Forest Service, USDA.

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

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SUMMARY: The USDA Forest Service will prepare a supplement to the draft 
environmental impact statement (EIS) for the Silvies Canyon Watershed 
Restoration Project. The draft EIS for the Silvies Canyon Watershed 
Restoration Project was released by Forest Supervisor Bonnie J. Wood in 
March 2001 (Notice of Availability, March 9, 2001). Based on comments 
received on the draft EIS, the Forest Supervisor decided to prepare a 
supplement pursuant to 40 CFR 1502.9(c)(1)(ii). This

[[Page 42993]]

supplement will provide additional information to the existing 
analysis.

ADDRESSES: Send written comments and suggestions concerning the scope 
of this supplement to James M. Keniston, Emigrant Creek District 
Ranger, HC 74, Box 12870, Hines, Oregon 97738.

FOR FURTHER INFORMATION CONTACT: Lori Bailey, District Planner or Joan 
Suther, NEPA Coordinator, Emigrant Creek Ranger District, HC 74, Box 
12870, Hines, Oregon 97738, phone 541-573-4300.

SUPPLEMENTARY INFORMATION: The purpose of the supplement is to provide 
additional information on the social and economic environments that 
would be affected by the Silvies Canyon Watershed Restoration Project. 
No additional alternatives will be considered in the supplemental draft 
EIS. The supplement will be prepared and circulated in the same manner 
as the draft EIS (40 CFR 1502.9). Comments received on the supplement 
will be considered in the preparation of the Final Environmental Impact 
Statement (FEIS). The supplement to the draft EIS is expected to be 
available for public review and comment in August 2001. The comment 
period on the supplement will be 45 days from the date the 
Environmental Protection Agency's notice of availability appears 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 supplemental draft 
EIS 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 the draft 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 45-
day comment period so 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 supplemental draft 
EIS should be as specific as possible. It is also helpful if comments 
refer to specific pages or chapters of the supplemental draft EIS. 
Comments may also address the adequacy of the supplemental draft 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).
    After the 45 day comment period ends on the supplemental draft EIS, 
comments will be analyzed and considered by the Forest Service in 
preparing the final EIS. The final EIS is scheduled to be completed in 
November 2001. In the final EIS, the Forest Service is required to 
respond to substantive comments received during the public comment 
period. The Forest Service is the lead agency. The Forest Supervisor is 
the responsible official. The responsible official will consider 
comments, responses to comments, and environmental consequences 
discussed in the EIS, and applicable laws, regulations, and policies in 
making a decision regarding this project. The responsible official will 
document the Silvies Canyon Watershed Restoration decision and 
rationale for that decision in the Record of Decision. That decision 
will be subject to review under Forest Service Appeal Regulations (36 
CFR part 215).

    Dated: July 23, 2001.
Bonnie J. Wood,
Forest Supervisor.
[FR Doc. 01-20622 Filed 8-15-01; 8:45 am]
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