[Federal Register Volume 67, Number 65 (Thursday, April 4, 2002)]
[Notices]
[Pages 16082-16085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8124]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 67, No. 65 / Thursday, April 4, 2002 / 
Notices  

[[Page 16082]]



DEPARTMENT OF AGRICULTURE

Forest Service


Wayne National Forest; Revised Land and Resource Management Plan; 
Athens, Gallia, Hocking, Jackson, Lawrence, Monroe, Morgan, Noble, 
Perry, Scioto, Vinton and Washington Counties, OH

AGENCY: Forest Service, USDA.

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

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

SUMMARY: The USDA Forest Service intends to prepare an environmental 
impact statement for revising the Wayne National Forest Land and 
Resource Management Plan (Forest Plan). The revised Forest Plan will 
replace the current Forest Plan, which the Regional Forester approved 
January 4, 1988, and has been amended 12 times. The 1988 Forest Plan as 
amended will remain in effect until this revision effort is completed. 
This notice identifies the topics that will help focus our revision 
effort, lists possible changes to the Forest Plan, displays the 
estimated dates for filing the Draft EIS, provides information 
concerning public participation, and provides the names and addresses 
of the responsible agency official and the individuals who can provide 
additional information.

DATES: We need to receive your comments on this Notice of Intent in 
writing within 90 days after this Notice is published in the Federal 
Register. The Draft EIS and draft revised Forest Plan are expected to 
be available for public review by December 2004. The Final EIS and 
revised Forest Plan are expected to be completed by December 2005.

ADDRESSES: Send written comments to: NOI-FP Revision, Wayne National 
Forest, 13700 US Highway 33, Nelsonville, OH 45764, or direct 
electronic mail to: ``[email protected]'', and ``ATTN: Forest 
Plan Revision'' in the subject line.

FOR FURTHER INFORMATION CONTACT: Bob Gianniny, Forest Planner; Ken 
Arbogast, Forest Public Affairs Officer; Rebecca Ewing, Forest 
Biologist; or Connie Roberts, Planning Management Assistant; at the 
address listed in the previous section, or by calling 740-753-0101; fax 
number 740-753-0118; or TDD 800-877-8339. Further information can also 
be obtained by sending electronic mail to: 
``[email protected]'', or by accessing the forest Web page at 
www.fs.fed.us/r9/wayne.
    Responsible Official: The Responsible Official for this action is 
Donald L. Meyer, Acting Regional Forester, Eastern Region, 310 W. 
Wisconsin Ave., Milwaukee, Wisconsin 53203.

SUPPLEMENTARY INFORMATION: The Regional Forester for the Eastern Region 
gives notice of the agency's intent to prepare an EIS to revise the 
Wayne National Forest Plan pursuant to 16 U.S.C. 1604(f)(5) and USDA 
Forest Service National Forest System Land and Resource Management 
Planning regulations. The Regional Forester approved the original Wayne 
National Forest Plan in January 1988. This plan guides the overall 
management of the Wayne National Forest.

Forest Plan Decisions

    We make six primary decisions in the Forest Plan:
    1. Forest-wide multiple-use goals and objectives. Goals describe a 
desired condition to be achieved sometime in the future. Objectives are 
concise, time-specific statements of measurable planned results that 
respond to the goals.
    2. Forest-wide management requirements (standards and guidelines.) 
These are limitations on management activities, or advisable courses of 
action that apply across the entire forest.
    3. Management area direction applying to future activities in each 
management area. This is the desired future condition specified for 
certain portions of the forest, and the accompanying standards and 
guidelines to help achieve that condition.
    4. Lands suited and not suited for resource use and production 
(timber management, grazing, etc.)
    5. Monitoring and evaluation requirements needed to gauge how well 
the plan is being implemented.
    6. Recommendations to Congress, if any (such as Wilderness or Wild 
and Scenic River designation)
    The scope of this Revision is limited to changing only those 
portions of the current Forest Plan that need revision, update, or 
correction. We propose to narrow the scope of revising the Forest Plan 
by focusing on topics identified as being most critically in need of 
change. The six decisions listed above will be revisited only in how 
they apply to the revision topics that are identified.

Purpose and Need for Action

    There are three compelling reasons to revise the 1988 Forest Plan: 
(1) Nearly 15 years have passed since the Regional Forester approved 
the original Forest Plan for the Wayne National Forest and national 
forests must revise the forest plan at least every 15 years according 
to requirements of the National Forest Management Act (U.S.C. 
1604[f][5]); (2) agency goals and objectives, along with other national 
guidance for strategic plans and programs, have changed more than can 
effectively be covered by additional forest plan amendments and (3) 
incorporate new information and address changed conditions.

Background--The Setting

    The Wayne National Forest forms the core of the hill country of 
southeastern Ohio, the most heavily forested part of the state. Just 
200 years ago, this region of the Appalachian plateau was viewed by 
most Americans as part of a vast wilderness. Today many people still 
view the Wayne as a remnant of the forest primeval. But the impacts of 
historic industry and agricultural practices have left indelible marks 
upon the land. Virtually all of the forest that covered Ohio when 
American settlers arrived was cut to make way for farms and to fuel 
both home and industry. Mining for iron ore, limestone, coal and clay 
scarred hillsides and polluted many streams. As factories closed and 
farms failed in the 1930s, the Forest Service began to acquire and 
restore what were once dubbed ``the lands that nobody wanted.'' After 
nearly 70 years, the innate resilience of the hill country forest, 
enhanced by the work of the Forest Service and countless partners, has 
created a new forest that many people now value for its opportunities:

[[Page 16083]]

to experience nature; to enjoy a variety of recreation; to explore the 
unique heritage of Southeast Ohio, once a major link in the Underground 
Railroad; and to employ the Forest's resources for the region's 
economic development.
    Today, most of Ohio is dominated by rich farmland, industrial 
cities, sprawling suburbs and busy highways; and ranks 7th among states 
in population and 47th in public lands per capita. This scarcity of 
public lands creates intense competing demands for the Wayne's limited 
landbase and resources. The challenge for those who choose to 
participate in the revision of the Forest Plan is to provide 
information and ideas that will help the Forest Service balance those 
competing demands in a way that will continue to provide for multiple 
uses of the Wayne National Forest. Given the significant impact that 
past practices by the region's agriculture and industries have had upon 
the land, the Forest Plan management direction will continue to place 
special priority upon the restoration of the forest, the lands, the 
watersheds and the ecosystem.

Proposed Action

    The revision of the Wayne Forest Plan will focus on management 
direction identified as needing change. The following Revision Topics 
were identified through public comment, through monitoring and 
evaluation, and through experience with implementation of the Forest 
Plan since 1988:
    1. Watershed Health:

 Protect and restore watershed health, including restoration of 
abandoned mine lands;
 Protect riparian areas.

    2. Ecosystem Restoration:

 Restore the mixed oak ecosystem to a sustainable level;
 Use vegetative management techniques to move toward the 
desired future condition;
 Control non-native invasive species;
 Provide a range of ecological conditions to maintain diversity 
of native plants and animals.

    3. Recreation Management:

 Provide a visually pleasing landscape;
 Maintain the range of recreation opportunities currently 
available;
 Provide trails for motorized and non-motorized users;
 Manage pre-historic and historic cultural resources, including 
preservation of sites associated with the Underground Railroad.

    4. Land Ownership:

 Acquire and exchange land to increase contiguous Federal 
ownership and reduce the existing fragmented ownership pattern;
 Manage National Forest boundaries to reduce trespass and 
encroachments.

    5. Minerals Resource Management:

 Minimize adverse environmental impacts to Federal resources 
when private mineral rights are developed;
 Identify areas appropriate for leasing of federally held oil 
and gas rights consistent with national direction.

    6. Roadless Area Inventory and Evaluation; Wilderness 
Recommendation; and Wild and Scenic River Recommendations:

 Protect the wilderness characteristics of those areas 
identified for potential wilderness designation;
 Protect rivers eligible for inclusion in the national Wild and 
Scenic Rivers system.

    Based on these Revision Topics and action items, the Forest 
planning team is gathering information for an analysis of current and 
projected uses, demand, and capabilities of the Forest. Data gathering/
analyses that are either underway or planned include a recreation 
feasibility study, a social assessment, evaluation of potential 
roadless areas, evaluation of rivers for designation as Wild, Scenic or 
Recreation status, and species viability evaluations. Another analysis 
will compare historical and current ecological conditions within the 
Forest and across the broader landscape of southeastern Ohio. 
Collectively this information and analysis will contribute to our 
Analysis of the Management Situation. The studies, and related 
references compiled by the planning team, will be made available for 
public review when completed.
    In addition to the Revision Topics, we propose to revise the Forest 
Plan to:

 Make minor changes throughout the Forest Plan for new or 
updated information;
 Update the monitoring and evaluation strategy in the current 
Forest Plan.

    Additional detail on the Revision Topics is available on request. 
You may request the additional information by: accessing the Forest Web 
page at www.fs.fed.us/r9/wayne by writing or e-mailing to the address 
listed in this notice; or by calling the phone number listed above. You 
are encouraged to review this additional documentation before 
commenting on the Notice of Intent.

Topics Not Addressed in This Revision

    Forest plan decisions do not change laws, regulations or rights. 
The revised Forest Plan will only make decisions that apply to National 
Forest System lands. The Forest Plan will make no decisions regarding 
management or use of privately owned lands or reserved and outstanding 
mineral estates. Topics related to implementing projects or enforcing 
regulations are also beyond the scope of what can be decided in a 
forest plan.
    The management guidelines related to Threatened and Endangered 
species are not included as a revision topic because the Forest is 
currently amending the existing Forest Plan based on formal 
consultation with the USDI Fish and Wildlife Service. All information 
will be brought forward into the revised Forest Plan and does not need 
to be duplicated during the revision process. The alternatives in the 
Final EIS will be analyzed for their effects on Threatened and 
Endangered species.
    Public comments received on topics that will not be addressed in 
the revised Forest Plan will be forwarded to the managers responsible 
for that topic area. The comments will be considered as managers 
develop information and proposals related to those topics. Such 
proposals may result in future plan amendments, changes in 
implementation, changes in program emphasis, or various other means of 
addressing the concerns related to a particular topic. Implementation 
of proposals will be addressed as budget priorities allow.

Possible Alternatives

    We will consider a range of alternatives to the proposed action 
when revising the Forest Plan. Alternatives will be developed to 
address different options to resolve issues raised about the proposed 
action, and the Revision Topics and proposals listed above, and to 
fulfill the purpose and need described earlier in this document. 
Alternatives will provide different ways to address and respond to 
issues identified during the scoping process. A ``No Action'' 
alternative is required and will be considered. For this analysis, the 
No Action alternative means that management would continue under the 
existing Forest Plan as amended.

Decision Framework

    The Responsible Official will decide on the management direction 
for the Wayne National Forest. The Responsible Official's choices will 
include:
    1. The Proposed Action described in this Notice of Intent;
    2. The No Action Alternative which would continue management under 
the current Forest Plan as amended; and

[[Page 16084]]

    3. Alternatives developed during the revision process to address 
issues raised about the Proposed Action.

Inviting Public Participation

    After the publication of this Notice of Intent, we will provide 
opportunities for public involvement including: 90-day formal comment 
period, public meetings, written comments, Web site and e-mail. The 
Forest Service will host a series of public meetings to (1) establish 
multiple opportunities for the public to generate ideas, concerns, and 
alternatives, (2) present and clarify proposed changes to the Forest 
Plan; (3) describe ways that individuals can respond to this Notice of 
Intent; and (4) invite comments from the public on this proposal for 
revising the Forest Plan.
    The table below is the schedule of initial meetings that will be 
held during the 90-day comment period.

----------------------------------------------------------------------------------------------------------------
               Community                     Date                Time                        Location
----------------------------------------------------------------------------------------------------------------
Canton, Ohio...........................      6/25/02  5-9 p.m...................  Four Points Sheraton, 4375
                                                                                   Metro Circle NW., (330) 494-
                                                                                   7129.
Cincinnati, Ohio.......................      6/04/02  5-9 p.m...................  Clarion Hotel & Suites, 5901
                                                                                   Pfeiffer Rd., (513) 793-4500.
Cleveland area--Independence, Ohio.....      6/24/02  5-9 p.m...................  Holiday Inn, 6001 Rockside
                                                                                   Rd., (216) 524-8050.
Columbus area--Dublin, Ohio............      6/10/02  5-9 p.m...................  Embassy Suites Hotel, 5100
                                                                                   Upper Metro Pl., (614) 790-
                                                                                   9000.
Dayton area--Fairborn, Ohio............      6/03/02  5-9 p.m...................  Wright State Univ., Student
                                                                                   Union Bldg., 3640 Colonel
                                                                                   Glenn, (937) 775-5512.
Graysville, Ohio.......................      6/22/02  1-5 p.m...................  Community Center, 38851 State
                                                                                   Rt. 26, (740) 934-2245.
Huntington, West Virginia..............      6/05/02  5-9 p.m...................  Radisson Hotel, 1001 Third
                                                                                   Avenue, (304) 525-1001.
Logan, Ohio............................      6/13/02  5-9 p.m...................  Logan-Hocking Middle, 1 Middle
                                                                                   School Drive, (740) 385-8764.
Rio Grande, Ohio.......................      6/29/02  1-5 p.m...................  U. of Rio Grande, Fine Arts
                                                                                   Center F23, (740) 245-7404.
Zanesville, Ohio.......................      6/26/02  5-9 p.m...................  Holiday Inn, 4645 East Pike,
                                                                                   (740) 453-0771.
----------------------------------------------------------------------------------------------------------------

    From mid-2002 through mid-2004, we will validate issues and develop 
alternatives. We will provide many types of public involvement in 
support of alternative development, including: Public workshops, 
collaborative meetings, written comments, website, and e-mail.
    Late in the year 2004 we will release our proposed revised Forest 
Plan and a draft environmental impact statement. We will again provide 
many types of public involvement including 90-day formal comment 
period, public meetings, and written comments.
    During most of 2005 we will address the public comment and revise 
the Draft EIS based on those comments and further analysis. In late 
2005, we will release the decision, final revised Forest Plan, Final 
EIS, and record of decision. We will provide informational meetings to 
explain these documents and decision on the final Forest Plan.

Availability of Public Comment

    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.
    Additionally, pursuant to 7 CFR 1.27(d), any persons 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 
requester is denied, the agency will return the submission and notify 
the requester that the comments may be resubmitted with or without name 
and address within 90 days.

Comment Requested

    This Notice of Intent initiates the scoping process which assists 
the Forest Service in the development of the environmental impact 
statement. Comments will be most helpful if they are written and are 
specific in nature, stating not only the area of concern but also the 
reason for the concern.

Proposed New Planning Regulations

    The Department of Agriculture published new planning regulations in 
November of 2000. Concerns regarding the ability to implement these 
regulations prompted a review with probable revision of these 
regulations. On May 10, 2001, Secretary Veneman signed an interim final 
rule allowing forest plan amendments or revisions initiated before May 
9, 2002, to proceed either under the new planning rule or under the 
1982 planning regulations. The Wayne National Forest revision process 
will start under the 1982 planning regulations, pending future 
direction in revised regulations.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A Draft EIS will be prepared for comment. The comment period on the 
draft environmental impact statement will be 90 days from the date the 
Environmental Protection Agency 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 
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 the 
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 for the draft 
environmental impact statement so that substantive comments and 
objections are made available to the Forest Service

[[Page 16085]]

at a time when it can meaningfully consider them and respond to them in 
the final environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
environmental 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 of Environmental Quality Regulations (http://ceq.eh.doe.gov/nepa/nepanet.htm) for implementing the procedural 
provision of the National Environmental Policy Act at 40 CFR 1503.3 in 
addressing these points.


    (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)
    Dated: March 28, 2002.
Donald L. Meyer,
Acting Regional Forester.
[FR Doc. 02-8124 Filed 4-3-02; 8:45 am]
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