[Federal Register Volume 68, Number 75 (Friday, April 18, 2003)]
[Notices]
[Pages 19184-19185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9607]


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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. 68, No. 75 / Friday, April 18, 2003 / 
Notices  

[[Page 19184]]



DEPARTMENT OF AGRICULTURE

Forest Service


Carson National Forest, New Mexico, Agua/Caballos Proposed 
Projects

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a supplement to a Final 
Environmental Impact Statement.

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SUMMARY: The Carson National Forest, El Rito Ranger District is 
preparing a supplement to the Final Environmental Impact Statement 
(FEIS) to disclose new information relevant to the analysis of proposed 
projects in the Agua/Caballos analysis area. Proposed projects include 
the allocation of old growth, harvesting of trees for sawtimber and 
forest products, prescribed burning, thinning, construction of new 
roads and reconstruction or closure of existing roads.
    A Notice of Intent (NOI) to prepare an environmental impact 
statement was published in the Federal Register on April 22, 1997 (62 
FR 195342). A Notice of Availability (NOA) for the Draft Environmental 
Impact Statement (DEIS) was published in the Federal Register on 
February 19, 1999 (64 FR 8356). An NOI to prepare a supplement to the 
DEIS was published in the Federal Register on December 20, 1999 (64 FR 
771101). An NOA for the supplement to the DEIS was published in the 
Federal Register on August 18, 2000 (65 FR 50522).
    A Record of Decision was signed on May 9, 2002 and an NOA was 
subsequently published in the Federal Register on July 19, 2002 (67 FR 
47538).
    The decision was appealed before the Regional Forester of the 
Southwestern Region on August 20, 2002. The appeal was reviewed in 
accordance with 36 CFR 215.7. The appeal decision issued on October 1, 
2002 reversed the Responsible Official's decision on the Agua/Caballos 
Proposed Projects, with the following instructions:
    (1) Complete the analysis of effects on MIS, considering population 
and habitat information collected at the forest plan level or at an 
appropriate geographical scale for a particular species.
    (2) Upon completion of this analysis, circulate a Supplemental 
Environmental Impact Statement for public comment and issue a new 
decision under 36 CFR 215.
    The supplement will disclose additional forest-wide information on 
management indicator species (MIS) identified in the Forest Plan and 
relate this supplemental information to the effects analysis of MIS 
that have potential habitat in the Agua/Caballos analysis area.

DATES: It is estimated that the supplement will be completed and 
distributed by the end of May 2003. A 45-day comment period will 
follow. The Final Environmental Impact Statement and record of decision 
is estimated to be released in August 2003.

ADDRESSES: The supplement will be available upon request from the 
Carson Forest Supervisor's Office, 208 Cruz Alta Road, Taos, NM 87571, 
Attn: Planning. Comments related to the supplement can be sent to the 
same address.

FOR FURTHER INFORMATION CONTACT: Audrey Kuykendall, Forest NEPA 
Coordinator, Carson Forest Supervisor's Office, 208 Cruz Alta Road, 
Taos, NM 87571, (505) 758-6200.

SUPPLEMENTARY INFORMATION:
    Purpose and Need for Action: The supplement is needed to complete 
the analysis of effects on MIS, considering population and habitat 
information collected at the forest plan level or at an appropriate 
geographical scale for a particular species.
    Proposed Action: The supplement to the Final Environmental Impact 
Statement will disclose new information relevant to the analysis of 
proposed projects in the Agua/Caballos analysis area. Proposed projects 
include the allocation of old growth, harvesting of trees for sawtimber 
and forest products, prescribed burning, thinning, construction of new 
roads and reconstruction or closure of existing roads.
    Responsible Official: The Forest Supervisor, Carson National 
Forest, is the responsible official and will decide whether projects 
will be implemented by the Forest Service in the Agua/Caballos analysis 
area. If so, the Forest Supervisor will decide what projects and where, 
how and when they will be implemented.
    Scoping Process: The supplement will be circulated for public 
comment to those who were on the mailing list for the Record of 
Decision. Circulation is expected at the end of May, 2003.
    Comment Requested: This notice of intent initiates the scoping 
process which guides the development of the supplemental environmental 
impact statement.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A Draft Environmental Impact Statement will be 
prepared for comment. The comment period on the Draft Environmental 
Impact Statement will be 45 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 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 Environmental Impact Statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action,

[[Page 19185]]

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 on Environmental Quality Regulations 
for implementing the procedural provisions of the National 
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21).

    Dated: April 11, 2003.
Martin D. Chavez, Jr.,
Forest Supervisor, Carson National Forest.
[FR Doc. 03-9607 Filed 4-17-03; 8:45 am]
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