[Federal Register Volume 69, Number 183 (Wednesday, September 22, 2004)]
[Notices]
[Pages 56743-56744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21291]


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DEPARTMENT OF AGRICULTURE

Forest Service


Sierra National Forest, California, Kings River Project

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service will prepare an environmental impact 
statement on a proposal to conduct a sustainable forest ecosystem study 
that examines the response of an array of ecosystem elements to uneven-
aged, small group selection and prescribed fire. The intention is to 
implement these activities in suitable locations over time and to 
monitor and perform research studies on the response of physical, 
chemical, and biological features of the Big Creek and Dinkey Creek 
watersheds. The study is a collaborative effort between the Sierra 
National Forest and the Pacific Southwest Research Station.

DATES: A public field trip will be conducted on September 14, 2004 to 
provide further information about the Kings River Project. Comments 
concerning the scope of the analysis must be received by October 9, 
2004. Mail comments to Kings River Project Coordinator, c/o High Sierra 
Ranger District, PO Box 559 (29688 Auberry

[[Page 56744]]

Road), Prather, CA 93651. The draft environmental impact statement is 
expected June 2005 and the final environmental impact statement is 
expected October 2005.

FOR FURTHER INFORMATION CONTACT: Ross Peckinpah, Acting Kings River 
Project Coordinator, (559) 855-5355 x3350.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The Kings River Project is a key part of the adaptive management 
program for the Sierra Nevada that is designed to address questions 
that relate to the uncertainties associated with management activities 
and their effects on wildlife habitat, watershed condition and modified 
wildlife behavior.

Proposed Action

    The Sierra National Forest proposes to implement the Kings River 
Project that initially involves analyzing in detail eight management 
units for treatment between 2006 and 2008 (the ninth management unit, 
South of Shaver, already had NEPA completed and is scheduled for 
implementation in 2004). The remaining 71 management units (of which 10 
are planned as no treatment-controls and the remaining 61 for 
implementation between 2011 and 2033) will be examined based on 
existing condition and the potential for cumulative effects on the 
Kings River Project. Thus the EIS will be programmatic for the entire 
project with a focused piece for the initial eight management units. 
The EIS will address the five planned research studies (Kings River 
experimental watershed, California spotted owl, fisher, air quality, 
and uneven-aged management) while incorporating the National Fire Plan 
objectives (April 2000), USDA Forest Service Strategic Plan and the 
Sierra Nevada Framework for Conservation and Collaboration Record of 
Decision (January 2001), as amended on January 21, 2004.

Lead and Cooperating Agencies

    The Kings River Project is a collaborative effort between the 
Sierra National Forest and the Pacific Southwest Research Station 
(PSW). The Sierra National Forest is the lead agency.

Responsible Official

    Ed Cole, Forest Supervisor, Sierra National Forest, 1600 Tollhouse 
Ave., Clovis, CA 93612.

Nature of Decision To Be Made

    The decision to be made is whether to implement the planned 
treatment and associated studies, an alternative or select no action.

Scoping Process

    The Sierra National Forest will conduct a 30-day public scoping 
period that coincides with this notice.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement. The scoping 
period will be conducted for 30 days from the date of this notice. The 
Sierra National Forest is seeking comments regarding this proposal to 
identify issues that may be presently unknown to the agency.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement will be prepared for 
comment. The comment period of the draft environmental impact statement 
will be 60 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, 
533 (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 60-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: September 30, 2004.
Mark T. Smith,
Acting Forest Supervisor.
[FR Doc. 04-21291 Filed 9-21-04; 8:45 am]
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