[Federal Register Volume 70, Number 38 (Monday, February 28, 2005)]
[Notices]
[Pages 9609-9610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3746]


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DEPARTMENT OF AGRICULTURE

Forest Service


Lassen National Forest, Almanor Ranger District, California, 
Creeks Forest Health Recovery Project

AGENCY: Forest Service, USDA.

ACTION: Notice of intent.

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SUMMARY: The Forest Service proposes to develop a network of defensible 
fuel profile zones (DFPZ's), establish group selection harvest units, 
and conduct area thinnings on the Almanor Ranger District in the Lassen 
National Forest. The DFPZ's, group selection harvest units, and area 
thinnings total an estimated 5,905, 1,245, and 3,285 acres 
respectively, and are spread over a 33,000 acre project area. Included 
in this proposal are the use of National Forest system roads, the use 
of temporary roads, and the decommissioning of some system and 
temporary roads. The project would be implemented through a combination 
of commercial timber sales, service contracts, and force account crews. 
These management activities were developed to implement and be 
consistent with the Lassen National Forest (LNF) Land and Resource 
Management Plan (LRMP, 1993), as amended by the Herger-Feinstein Quincy 
Library Group Forest Recovery Act FEIS, FSEIS, and ROD's (1999, 2003), 
and the Sierra Nevada Forest Plan Amendment FEIS, FSEIS, and ROD's 
(2001, 2004).
    Decision to Be Made: The decision to be made is whether to 
implement the proposed action as described above, to meet the purpose 
and need for action through some other combination of activities, or to 
take no action at this time.
    Scoping Process: Comments concerning the scope of the analysis 
should be received in writing within 15 days of the date of publication 
of this Notice of Intent in the Federal Register.
    The project was initially listed in the Forest's February 2004 
quarterly edition of the Schedule of Proposed Actions (SOPA). Scoping 
letters were sent in June 2004 to those who responded to the SOPA and 
other identified interest and affected individuals and government 
agencies. In the SOPA, the mode of environmental documentation was 
predicted as an environmental assessment.
    At this time, the environmental analysis will be documented in an 
environmental impact statement. Since only minor changes are being made 
to the proposed action that was previously scoped, the scoping period 
at this time is brief. Those who responded during the June 2004 scoping 
period will be contacted again. In addition, scoping letters previously 
received by the Forest Service from the first scoping period will 
continue to be used for this process. A public scoping meeting is not 
anticipated at this time.
    The scoping process will be used to identify issues regarding the 
proposed action. An issue is defined as point of dispute, debate, or 
disagreement related to a specific proposed action based on its 
anticipated effects. Significant issues brought to our attention are 
used during an environmental analysis to develop alternatives to the 
proposed action. Some issues raised in scoping may be considered non-
significant because they are: (1) Beyond the scope of the proposed 
action and its purpose and need; (2) already decided by law, 
regulation, or the Land and Resource Management Plan; (3) irrelevant to 
the decision to be made; or (4) conjectural and not supported by 
scientific or factual evidence.
    Alternatives: Alternatives proposed to date are the Proposed Action 
as described above and the No Action.
    Identification of Permits or Licenses Required: No permits or 
licenses have been identified to implement the proposed action.
    Lead, Joint Lead, and Cooperating Agencies: The USDA Forest Service 
is the lead agency for this proposal; there are no cooperating 
agencies.
    Estimated Dates for Filing: The expected filing date with the 
Environmental Protection Agency for the draft EIS April 18, 2005. The 
expected filing date for the final EIS is June 27, 2005.
    Person to Which Comments May be Mailed: Comments may be submitted 
to: Alfred Vazquez District Ranger, Almanor Ranger District, at P.O. 
Box 767, Chester, CA, 96020 or (530) 258-5194 (fax) during normal 
business hours. The Almanor Ranger District business hours are from 8 
am to 4:30 pm Monday through Friday. Electronic comments, in acceptable 
plain text (.txt), rich text (.rtf), or Word (.doc) formats, may be 
submitted to: [email protected] using 
Subject: Creeks Forest Health Recovery Project.
    Reviewer's Obligation to Comment: The comment period on the draft 
EIS

[[Page 9610]]

will be 45 days from the date the Environmental Protection Agency 
publishes the notice of availability of the draft EIS 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 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 proposal 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.

FOR FURTHER INFORMATION CONTACT: Al Vazquez, District Ranger or Robin 
Bryant, Interdisciplinary Team Leader may be contacted by phone at 
(530) 258-2141 for more information about the proposed action and the 
environmental impact statement or at the Almanor Ranger District, P.O. 
Box 767, Chester, CA 96020.
    Responsible Official and Mailing Address: Laurie Tippin, Forest 
Supervisor, 2550 S. Riverside Drive, Susanville, CA 96130 is the 
responsible official.

    Dated: February 22, 2005.
Laurie Tippin,
Forest Supervisor, Lassen National Forest.
[FR Doc. 05-3746 Filed 2-25-05; 8:45 am]
BILLING CODE 5410-99-M