[Federal Register Volume 69, Number 21 (Monday, February 2, 2004)]
[Notices]
[Page 4920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2046]


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DEPARTMENT OF AGRICULTURE

Forest Service


Supplement to the Final Environmental Impact Statement for 
Amendment of National Forest Management Plans

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service, Southwestern Region, is preparing a 
Supplement to the Final Environmental Impact Statement (FEIS) for 
Amendment of Forest Plans in Arizona and New Mexico to disclose, 
review, and assess scientific arguments challenging the agency's 
conclusions over the northern goshawk's habitat preferences. The 
supplement will update the FEIS which amended the eleven Forest Plans 
in the Region for northern goshawk, Mexican spotted owl, and old growth 
standards and guidelines in June 1996.

DATES: The Draft Supplement to the Final Environmental Impact Statement 
is expected in March 2004 and the Final Supplement is expected in June 
2004.

FOR FURTHER INFORMATION CONTACT: Lou Woltering, Assistant Director of 
Wildlife, Southwestern Region, 333 Broadway SE., Albuquerque, NM 87102.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action and Nature of Decision To Be Made

    The Supplement to the FEIS is being prepared in accordance with an 
opinion filed November 18, 2003, by the Ninth Circuit Court of Appeals 
(CV-00-01711-RCB) which held that the Final EIS failed to disclose 
responsible scientific opposition that was addressed in the project 
record. The Original Notice of intent for this plan amendment was 
published in the Federal Register on June 24, 1992 (57 FR 28171). The 
Supplement will address the issue of scientific arguments over the 
northern goshawk's habitat preference and update the Final EIS for 
Amendment of National Forest Management Plans in the Southwestern 
Region. The Final EIS includes guidelines for management of habitat for 
the Mexican spotted owl and northern goshawk. The Final EIS was noticed 
for availability in the Federal Register on November 3, 1995 (60 FR 
55841). The Record of Decision was signed June 5, 1996.

Responsible Official

    The Responsible Official is the Southwestern Regional Forester, 
Harv Forsgren, at 333 Broadway SE., Albuquerque, New Mexico, 87102.

Public Involvement Process

    The Draft Supplement to the FEIS will be circulated for a comment 
period following Council of Environmental Quality regulations at 40 CFR 
1502.9(c.)(4).
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A Draft Supplemental Environmental Impact 
Statement will be prepared for comment. The comment period on the Draft 
Supplement 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, 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: January 27, 2004.
Abel Camarena,
Deputy Regional Forester, Southwestern Region, USDA Forest Service.
[FR Doc. 04-2046 Filed 1-30-04; 8:45 am]
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