[Federal Register Volume 66, Number 174 (Friday, September 7, 2001)]
[Notices]
[Pages 46769-46770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22500]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 66, No. 174 / Friday, September 7, 2001 / 
Notices  

[[Page 46769]]



DEPARTMENT OF AGRICULTURE

Forest Service


Environmental Impact Statements: Vegetation Management in the 
Appalachian Mountains; Vegetation Management in the Coastal Plain/
Piedmont; and Vegetation Management in the Ozark/Ouachita Mountains

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare three supplemental environmental 
impact statements.

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SUMMARY: The Forest Service, Southern Region, will prepare a 
Supplemental Environmental Impact Statement (EIS) for each of the three 
Vegetation Management EISs: (1) Vegetation Management in the 
Appalachian Mountains; (2) Vegetation Management in the Coastal Plains/
Piedmont; and (3) Vegetation Management in the Ozark/Ouachita Mountains 
to clarify management requirements contained in each on Proposed, 
Endangered, Threatened, and Sensitive (PETS) species and to amend the 
subject Forest Land and Resource Management Plans to clarify the same 
requirements. The existing requirements for Biological Evaluations 
(BEs) unnecessarily restrict analysis to population survey information 
and would require gathering population inventory information in cases 
where gathering the information is not technically feasible or 
necessary. If approved, the changes would provide for using widely 
accepted methods of biological analysis and would improve the 
efficiency of conducting BEs on National Forests in the Southern 
Region.

DATES: Comments concerning the proposals should be received on or 
before October 9, 2001.

ADDRESSES: Send written comments to the Regional Forester, Attention: 
Mercedes Martin; USDA, Forest Service; Suite 811N; 1720 Peachtree St., 
NW; Atlanta, GA; 30309-9102.

FOR FURTHER INFORMATION CONTACT: Co-team leaders Robert Wilhelm, (404) 
347-7076 or David Purser (404) 347-5292.

SUPPLEMENTARY INFORMATION: The Forest Service proposes to amend Forest 
Plans in the Southern Region and supplement the EISs for Vegetation 
Management in the Appalachian Mountains, the Coastal Plains/Piedmont, 
and the Ozark/Ouachita Mountains to clarify Management Requirements for 
managing PETS species. The changes pertain to requirements for 
gathering population inventory information on PETS species when 
conducting a BE for proposed vegetation management projects.
    The action is needed because the requirements for conducting BEs 
for vegetation management projects exclude accepted methods of 
analysis, overemphasize population inventory information, and, in some 
cases, require gathering population inventory information where it is 
unnecessary or is not technically feasible. The Records of Decision for 
the three EISs amended the Forest Plans in the Southern Region.
    In a separate action, the Southern Region will supplement the 
Forest Service Manual to include regional policy requirements on 
conducting BEs. The Forest Service is inviting comment on that action 
under 36 CFR 216.

Decisions To Be Made

    The Regional Forester will decide whether, and in what way, to 
modify the management requirements pertaining to population inventory 
information in BEs for projects covered in the three Records of 
Decision and EISs for Vegetation Management, and, through the Records 
of Decision, will amend the respective Forest Plans to make the 
corresponding changes in the standard on conducting BEs.

Responsible Official

    Elizabeth Estill, Regional Forester, 1720 Peachtree St., NW; 
Atlanta, GA, 30309-9102 is the Responsible Official making the 
decisions on regional requirements on vegetation management and to 
amend the Forest Plans to make the corresponding changes.

Preliminary Issues

    One preliminary issue has been identified: whether PETS species 
will be adequately protected and managed.

Public Involvement

    The Forest Service will be seeking information, comments and 
assistance from Federal, State and local agencies and other individuals 
or organizations who may be interested in, or affected by, the proposed 
action.
    While public participation in these analyses is welcome at any 
time, comments received within 30 days of the publication of this 
notice will be especially useful in the preparation of the Draft 
Supplemental EISs. No public meetings are planned. The scoping process 
for each supplement will include identifying: potential issues, 
significant issues to be analyzed, alternatives to the proposed action, 
and potential environmental effects of the proposal and alternatives.

Estimated Dates for Filing

    The three Draft Supplemental EISs are expected to be filed with the 
Environmental Protection Agency (EPA) and available for public review 
by December 2001. At that time, EPA will publish a Notice of 
Availability of each Draft Supplemental EIS in the Federal Register. 
The comment period on each Draft Supplemental EIS will be 45 days from 
the date the EPA publishes the Notice of Availability in the Federal 
Register. It is important that those interested in the population 
inventory issue participate at that time.
    The Final Supplemental EISs are scheduled to be completed by March 
2002. In the Final Supplemental EISs, the Forest Service is required to 
respond to comments and responses received during the comment period 
that pertain to the environmental consequences discussed in each Draft 
Supplemental EIS and applicable laws, regulations, and policies 
considered in making a decision regarding each proposal.

The Reviewer's Obligation To Comment

    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 
draft EISs must structure their participation in the environmental 
review of the proposal so that it is

[[Page 46770]]

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 after completion of the 
final EIS may be waived or dismissed by the courts. 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 45-
day 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 Supplemental 
EIS should be as specific as possible. It is also helpful if comments 
refer to specific pages or chapters of the Draft. Comments may also 
address the adequacy of the 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.

    Dated: August 31, 2001.
Elizabeth Estill,
Regional Forester.
[FR Doc. 01-22500 Filed 9-6-01; 8:45 am]
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