[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Notices]
[Pages 75898-75899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27809]


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DEPARTMENT OF AGRICULTURE

Forest Service


Sierra National Forest, California, Kings River Project

AGENCY: Forest Service, USDA.

ACTION: Revised notice of intent to prepare an environmental impact 
statement. This notice of intent was previously filed on September 22, 
2004; pages 56743 & 56744 and is revised to reflect a further defined 
proposed action.

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SUMMARY: Forest Service will prepare an environmental impact statements 
on a proposal to conduct a sustainable forest ecosystem study that 
examines the response of an array of ecosystem

[[Page 75899]]

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: Comments concerning the scope of the analysis must be received 
by January 24, 2005. Mail comments to: Ray Porter District Ranger, High 
Sierra Ranger District, PO Box 559 (29688 Auberry 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 designed to address questions that relate 
to the uncertainties associated with management activities and their 
effects on wildlife habitat, watershed condition and modified wildfire 
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. Analysis will include an 
additional 71 management units for examination based on existing 
conditions and the potential for cumulative effects (of which 10 are no 
treatment-controls units and the remaining 61 units for implementation 
between 2011 and 2033). 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 public scoping period 
that coincides with this notice.

Comment Requested

    This revised notice of intent initiates the scoping process which 
guides the development of the environmental impact statement. 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 on 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. MRDC, 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 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 1508.2; Forest Service Handbook 
1909.15, Section 21)

    Dated: December 14, 2004.
Jane Fertig,
Acting Forest Supervisor.
[FR Doc. 04-27809 Filed 12-17-04; 8:45 am]
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