[Federal Register Volume 67, Number 136 (Tuesday, July 16, 2002)]
[Notices]
[Page 46630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17789]



[[Page 46630]]

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DEPARTMENT OF AGRICULTURE

Forest Service


Supplement to the Draft Environmental Impact Statement for the 
Drew Creek, Diamond Rock and Divide Cattle Allotments, Tiller Ranger 
District, Umpqua National Forest, Douglas County, 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 Drew Creek, Diamond Rock 
and Divide Cattle Allotments. The draft EIS for the Drew Creek, Diamond 
Rock and Divide Cattle Allotments was released by former Forest 
Supervisor Don Ostby in May 2001 (Notice of Availability, May 25, 
2001). Based on comments received on the draft EIS, Forest Supervisor 
James H. Caplan decided to prepare a supplement pursuant to 40 CFR 
1502.9(c)(1)(ii). This supplement will provide additional information, 
as well as another alternative, to the existing analysis.

ADDRESSES: Send written comments and suggestions concerning the scope 
of this supplement to Jill A. Dufour, District Range, Tiller Ranger 
District, 27812 Tiller-Trail Highway, Tiller, Oregon 97484.

FOR FURTHER INFORMATION CONTACT: Wes Yamamoto, Resource Assistant, 
Tiller Ranger District, 27812 Tiller-Trail Highway, Tiller, Oregon 
97484, or (541) 825-3201.

RESPONSIBLE OFFICIAL: Forest Supervisor James A. Caplan is the 
responsible official for this EIS. Mr. Caplan may be contacted at 
Umpqua National Forest, P.O. Box 1008, Roseburg, OR 97470.

SUPPLEMENTARY INFORMATION: The purpose of the supplement is to provide 
an additional alternative, which was submitted by the South Umpqua 
Grazing Association. It also will provide additional information on the 
social and economic environments that would be affected by the 
proposal. 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 
2002. 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 objection that 
could be raised at the draft EIS stage, but are not raised until the 
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. Sup. 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 of Environmental 
Quality Regulations for implementing the procedural provisions of the 
National Environmental Policy Act at 40 CFR 1503.3 in addressing these 
points.)
    In the final EIS, the Forest Service is required to respond to 
substantive comments and responses received during the comment period 
that pertain to the environmental consequences discussed in the 
supplemental draft EIS, as well as applicable laws, regulations and 
policies considered, in making a decision regarding the proposal. The 
final EIS is scheduled to be completed in November 2002. The 
Responsible Official is James A. Caplan, Forest Supervisor for the 
Umpqua National Forest. The Responsible Official will document the 
decision and rationale for the decision in the Record of Decision. That 
decision is subject to appeal under 36 CFR Part 215.

    Dated: July 2, 2002.
James A. Caplan,
Forest Supervisor, Umpqua National Forest.
[FR Doc. 02-17789 Filed 7-15-02; 8:45 am]
BILLING CODE 3410-11-M