[Federal Register Volume 67, Number 238 (Wednesday, December 11, 2002)]
[Notices]
[Pages 76158-76159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31194]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 238 / Wednesday, December 11, 2002 / 
Notices  

[[Page 76158]]



DEPARTMENT OF AGRICULTURE

Forest Service


USDA-Forest Service/Spalding Land Exchange and Special Use Permit 
Environmental Impact Statement and Lassen National Forest Plan 
Amendment, Lassen National Forest, Lassen County, CA

AGENCY: Forest Service, USDA.

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

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

SUMMARY: The U.S. Department of Agriculture, Forest Service, Lassen 
National Forest, is issuing this notice to advise the public that an 
environmental impact statement (EIS) will be prepared for a proposed 
land exchange between the Spalding Community Services District and the 
Lassen National Forest, Lassen County, CA. Approval would include the 
transfer of approximately 57.21 acres of Federal lands encompassing one 
52.50 acre parcel and one 4.71 acre parcel, and also includes a non-
significant minor amendment to the ``Lassen National Forest Land and 
Resource Management Plan'' (LRMP), and authorization of a special use 
of National Forest System Lands for water and sewer pipeline corridors, 
and an access road totaling approximately 2.7 acres. The Forest Service 
invites written comments and suggestions on the scope of the 
environmental analysis for the EIS from Federal, State, and local 
agencies, federally recognized Tribes, and other individuals or 
organizations that may be interested in or affected by the proposed 
action.

DATES: Submit comments on or before January 27, 2003.
    The draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and available for public review in March 3, 
2003. The final EIS is scheduled for completion in August 2003.

ADDRESSES: You may request to be placed on the project mailing list or 
you may direct questions, comments and suggestions to the Responsible 
Official: Edward C. Cole, Forest Supervisor, Lassen National Forest, 
2550 Riverside Drive, Susanville, CA 96130.

FOR FURTHER INFORMATION CONTACT: Lois Charlton, Forest Lands Officer, 
Lassen National Forest 2550 Riverside Drive, Susanville, CA 96130. 
Telephone (530) 257-2151.

SUPPLEMENTARY INFORMATION: The Forest Service (lead agency) is 
proposing a value for value exchange of federal land with the Spalding 
Community Services District (SCSD) for third party private lands. If 
the values are unequal, either party may equalize the values by making 
a cash payment not the exceed 25 percent of the value of the lands 
transferred out of Federal ownership. The Forest Service is initiating 
this action in response to a request by SCSD to acquire lands to 
accommodate construction and operation of a wastewater collection and 
treatment facility. The federal lands are from the Lassen National 
Forest (57.21 acres). The Lands that the SCSD would potentially 
exchange include up to four parcels listed in order of priority for 
acquisition (Lassen County Assessor Parcel Numbers 077-303-21, 075-120-
14, 075-120-15, 075-130-11 and 077-303-21). Acquisition of these 
parcels would improve access to National Forest System Lands, eliminate 
one or more in-holdings, and add wetland habitat to the Lassen National 
Forest. Approval of the land exchange would also include a non-
significant minor amendment to the Lassen LRMP, and authorization of a 
special use of National Forest System Lands for water and sewer 
pipeline corridors and an access road totaling approximately 2.7 acres.
    Environmental Analysis of alternative locations and designs for the 
facility was conducted in the ``Spalding Community Services District 
Wastewater Collection and Treatment Facilities Final Environmental 
Impact Report'' (SCSD FEIR) dated April 17, 2000. The SCSD FEIR will be 
incorporated by reference into the EIS for the land transfer. Lands 
acquired in the exchange by the Forest Service will be managed in 
accordance with the Lassen National Forest LRMP (1993).
    The Spalding Community Services District conducted extensive public 
participation in development of the SCSD EIR (ref. SCSD FEIR pages 1-2, 
1-3, 1-8, 1-9). Comments received in response to the Draft SCSD EIR 
(SCSD FEIR page 1-4--1-8) were responded to in the Final EIR and will 
not be identified in the EIS as new issues. The Lassen National Forest 
listed the land exchange in the quarterly Schedule of Proposed Actions 
(SOPA) starting in March of 1999. An initial proposed actions was 
presented to the Lassen County Board of Supervisors at two regularly 
scheduled meetings (2/13/01 and 2/20/01). The project was presented at 
a regularly scheduled meeting of the Lassen County Fish and Game 
Commission (2/15/01). A direct mailing regarding this proposed action 
was sent to a list of persons and organizations involved in the SCSD 
EIR, involved government agencies, or those who had requested 
notification of projects on the Eagle Lake Ranger District involving 
recreation, special uses, roads, or other proposed actions. Based on 
analysis completed to date, it was determined that an EIS is needed. 
Information and data previously gathered will be carried forward in 
this EIS. Letters describing the proposed action and soliciting 
comments will be sent to appropriate Federal, State and local agencies, 
all Spalding community landowners and to organizations and citizens who 
express interest in this proposal.
    Preliminary issues identified with this proposal include concerns 
over proposed mitigation measures designed to protect the Federally 
Threatened bald eagle. These issues include decreased access for 
sportsman caused by closure of one non-system road (Fred's Road) and a 
seasonal road closure of a portion of the Osprey Management Area 
boundary road (32N27Y), and a potential increase of use on the existing 
network of nonsystem roads between the Spalding Tract and the Pine 
Creek Estuary.
    At this time the alternatives under consideration include: no 
action and exchanging lands as identified in the proposed action. The 
EIS will analyze the direct, indirect, and cumulative environmental 
effects of the alternatives. Past, present, and projected activities on 
both private and NFS lands will be considered. The EIS will

[[Page 76159]]

disclose the analysis of site-specific mitigation.
    Public participation is important. Comments from the public will 
continue to be used to:

--Identify, confirm or redefine potential issues.
--Identify, confirm or redefine major issues to be analyzed in depth.
--Eliminate minor issues or those, which have been covered by a 
previous environmental analysis, such as the Lassen National Forest 
LRMP, and the SCSD FEIR.
--Identify alternatives to the proposed action.
--Identify, confirm or redefine potential environmental effects of the 
proposed action and alternatives (i.e. direct, indirect, and cumulative 
effects).
--Determine potential cooperating agencies and task assignments.

    To ensure that the full range of issues related to the proposed 
action is addressed and all significant issues are identified, comments 
and suggestions are invited from all interested parties.
    The comment period on the draft EIS will be 45 days from the date 
the EPA publishes the notice of availability in the Federal Register. 
At that time, copies of the draft EIS will be distributed to interested 
and affected agencies, organizations, tribes, and members of the public 
for their review and comment. It is important that those interested in 
the management of the Lassen National Forest participate at that time.
    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 (FOIA) permits such 
confidentiality. Persons requesting such confidentiality should be 
aware that, under the 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.
    The Forest Service believes, at this early state, 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 US. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement stage but 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 meaningful 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 
adequency 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.

    Dated: December 2, 2002.
Edward C. Cole,
Forest Supervisor, Lassen National Forest.
[FR Doc. 02-31194 Filed 12-10-02; 8:45 am]
BILLING CODE 3410-11-M