[Federal Register Volume 69, Number 173 (Wednesday, September 8, 2004)]
[Notices]
[Pages 54260-54261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20306]


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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 prepare a supplement to 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, 
66 FR 28904). Based on comments received on the draft EIS, as well as 
monitoring data that indicate additional grazing opportunities can be 
successfully implemented through adaptive management practices, Forest 
Supervisor James A. Caplan decided to prepare a supplement pursuant to 
40 CFR 1502.9(c)(1)(ii). This supplement will provide a new proposed 
action to the existing analysis. Previous notices were published in the 
Federal Register on April 2, 1999, (64 FR 15953); and May 25, 2001, (66 
FR 28904).

ADDRESSES: Send written comments and suggestions concerning the scope 
of this supplement to Sharon R. Sprouse, District Ranger, Tiller Ranger 
District, 27812 Tiller-Trail Highway, Tiller, Oregon 97484.

FOR FURTHER INFORMATION CONTACT: West Yamamoto, ID Team Leader, 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, 2900 NW., Stewart Parkway, Roseburg, OR 97470.

SUPPLEMENTARY INFORMATION: The purpose of the supplement is to provide 
a new proposed action. The proposed action would permit 1,903 head 
months (HM) to graze three full allotments, and portion of two other 
allotments, totaling 51,950 acres. Under this proposed action, 90 HM 
would be permitted on the drew Creek Allotment, 680 HM on the Diamond 
Rock Allotment, 418 HM in the Divide Allotment, 440 HM on a portion of 
the Summit Allotment and 275 HM in a portion of the Acker Divide 
Allotment. It also will provide additional information on the 
biological, social and economic environments that would be affected by 
the proposal.
    In addition to the new proposed action, the supplement will contain 
three other alternatives, including: (1) The no change alternative, 
which describes the current grazing program; (b) an alternative 
proposed by the South Umpqua Grazing Association, which represents 
local ranchers and livestock grazing permittees; and (c) the no grazing 
alternative, which would eliminate the range program on the Tiller 
Ranger District.
    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 October 2004.

[[Page 54261]]

 The comment period on the supplement will be 45 days from the date the 
Environmental Protection Agency's publishes the notice of availability 
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 Corp. v. 
NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections 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. Supp. 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 December 2004. 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. 
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: September 1, 2004.
James A. Caplan,
Forest Supervisor.
[FR Doc. 04-20306 Filed 9-7-04; 8:45 am]
BILLING CODE 3410-11-M