[Federal Register Volume 69, Number 114 (Tuesday, June 15, 2004)]
[Notices]
[Pages 33346-33348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13394]


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DEPARTMENT OF AGRICULTURE

Forest Service


Commercial Pack Stock Use Authorizations for the Ansel Adams and 
John Muir Wildernesses; Inyo and Sierra National Forests; Inyo, Fresno, 
Madera and Mono Counties, CA

AGENCY: Forest Service, USDA.

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

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SUMMARY: The USDA Forest Service will prepare an environmental impact 
statement for a proposal to authorize outfitting and guiding activities 
by up to 22 commercial pack stock operations that serve the John Muir 
and Ansel Adams Wilderness areas. The proposed action establishes 
limits on the numbers of stock animals used in conjunction with 
commercial operators, establishes limits on the commercial group size 
at certain locations, determines trail suitability for commercial 
operations, and designates campsites for use by commercial stock users. 
The proposed action also establishes primary operating areas for 
commercial pack stock operations, establishes destination quotas, and 
determines grazing suitability.

DATES: Comments concerning the scope of the analysis should be received 
no later than July 26, 2004. A draft environmental impact statement is 
expected to be filed with the Environmental Protection Agency (EPA) and 
be available for public review in January 2005. At that time the EPA 
will publish a Notice of Availability in the Federal Register. The 
comment period on the draft EIS will be 45 days from the date the EPA 
publishes the Notice of Availability. The final EIS is scheduled to be 
completed in May 2005.

ADDRESSES: Send written comments to: Pack Stock Use Proposed Action, 
Inyo National Forest, 351 Pacu Lane, Suite 200, Bishop, CA 93514. 
Electronic comments may be sent to [email protected]. The subject line should read ``Pack Stock Use Proposed 
Action.''

FOR FURTHER INFORMATION CONTACT: Mary Beth Hennessy, Wilderness 
Specialist, Inyo National Forest, 351 Pacu Lane, Suite 200, Bishop, CA 
93514, (760) 873-2448.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    On April 10, 2000, a lawsuit was filed against the Sierra and Inyo 
National Forests alleging violations of the National Forest Management 
Act, National Environmental Policy Act (NEPA), and the Wilderness Act. 
Specifically, it was claimed that commercial pack stations were issued 
special use permits to operate in the Ansel Adams and John Muir 
Wilderness areas without assessing, in advance through the NEPA 
process, the environmental impacts of these activities. On June 4, 
2001, the judge overseeing the lawsuit issued a ruling on the 
litigation and found in favor of the plaintiffs, although only on the 
NEPA claim. The Court determined that the Forest Service failed to 
adequately document environmental impacts as required by the NEPA. On 
November 1, 2001, a Court Order was issued that required the Forest 
Service to complete the NEPA process for these permits no later than 
2006. The Court specifically required that a cumulative impacts 
analysis be included in the NEPA

[[Page 33347]]

process and that this analysis consider limits on numbers of stock 
animals used in conjunction with commercial operators, limits on the 
group size (people and number of stock both on and off trail), trail 
suitability for various use types, and designation of campsites for use 
by commercial pack stations.
    The purpose of this proposed action is to: (1) Identify where, at 
what level and what type of use each commercial pack stock operator 
will be authorized to provide; (2) ensure that the commercial pack 
stock operations comply with applicable law, the Land and Resource 
Management Plans for the Inyo and Sierra National Forests, and with 
Forest Service policy; (3) provide for resource protection, including 
protection of wilderness character, while meeting the identified need 
for commercial pack stock services by the public; and (4) comply with 
the Court Order.
    The Forest Service needs to make a decision on the specific terms 
and conditions that will be incorporated into the authorizations for 
commercial pack stock operations in these two wilderness areas. Most of 
the special use permits issued to existing commercial pack stock 
operations have expired or are due to expire in the next few years. 
Operations continue to be authorized pursuant to the Court Order, with 
specified conditions and restrictions, until a new NEPA analysis is 
completed and new special use permits are issued.

Proposed Action

    To meet the purpose and need, the Forest Service proposes to 
authorize use and occupancy for outfitting and guiding activities for 
up to 22 commercial pack stock operators that provide these services in 
the Ansel Adams and John Muir Wildernesses. This proposed action will 
impose terms, conditions, and appropriate use levels for these 
activities to be incorporated into the special use permit. 
Specifically, the proposed action includes the following: (1) 
Designation of stock camps for commercial operators; (2) approval or 
disapproval of use of non-system trails by commercial stock operators; 
(3) determination of grazing suitability and allocations of stock 
nights for specific grazing areas; (4) determination of appropriate 
party size by location; (5) approval, maintenance, or the elimination 
of pack stock holding facilities (e.g., drift fences); (6) 
identification of certain system trails as ``not recommended for 
stock'' which will preclude their use by commercial pack stock 
operators; (7) determination of appropriate camp fire areas; and (8) 
protection of heritage resources and traditional Native American 
cultural resources. The proposed action includes actions that will be 
common to all analysis units in the John Muir and Ansel Adams 
Wildernesses and actions that are site-specific to areas within the 
analysis units.

Possible Alternatives

    In addition to the Proposed Action, a No Action alternative, as 
required by the NEPA, will be analyzed. The No Action alternative to be 
analyzed would allow for the expiration of current commercial pack 
stock authorizations for the Ansel Adams and John Muir Wilderness 
areas.

Responsible Official

    The responsible officials are Jeffrey E. Bailey, Forest Supervisor, 
Inyo National Forest, 351 Pacu Lane, Suite 200, Bishop, CA 93514 and 
Edward C. Cole, Forest Supervisor, Sierra National Forest, 1600 
Tollhouse Road, Clovis, CA 93611.

Nature of Decision To Be Made

    The decision to be made is whether to authorize outfitting and 
guiding use and activities by commercial pack stock operations in the 
John Muir and Ansel Adams Wilderness areas as proposed or as modified 
in response to the analysis of identified issues and alternatives. This 
decision is intended to meet the court ordered cumulative effects 
analysis for these two wilderness areas. This decision may require an 
amendment to the two forest land and resource management plans.

Scoping Process

    The Forest Service is seeking information, comments, and assistance 
from Federal, State, and local agencies, tribes, individuals and other 
organizations that may be interested in or affected by the proposed 
action. Comments submitted during the scoping process should be in 
writing. They should be specific to the action being proposed and 
should describe as clearly and completely as possible any issues the 
commenter has with the proposal. This input will be used in preparation 
of the draft EIS.
    To facilitate public participation, additional scoping 
opportunities will include a public scoping letter, public meetings 
(dates and locations to be determined), newsletters, and information 
posted on the Inyo and Sierra National Forests' Web sites.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement. The Forest 
Service would like to know of any issues, concerns and suggestions you 
may have about this proposal. The complete proposed action is highly 
detailed and site specific. Copies of the complete document may be 
obtained upon request by contacting MaryBeth Hennessy (see FOR FURTHER 
INFORMATION, above).
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: 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 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.


[[Page 33348]]


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

    Dated: June 7, 2004.
Edward C. Cole,
Forest Supervisor, Sierra National Forest.
    Dated: June 7, 2004.
Jeffrey E. Bailey,
Forest Supervisor, Inyo National Forest.
[FR Doc. 04-13394 Filed 6-14-04; 8:45 am]
BILLING CODE 3410-11-P