[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Notices]
[Pages 46133-46134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15695]


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DEPARTMENT OF AGRICULTURE

Forest Service


Commercial Pack Station and Pack Stock Outfitter/Guide Permit 
Issuance; Inyo National Forest; Inyo, Mono, and Tulare Counties, CA and 
Mineral County, NV

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 to document and disclose the environmental impacts of a 
proposal to issue long term permits for a variety of commercial pack 
stock related activities to twelve existing Resort Special Use Permit 
holders (commercial service supported by horse). The DEIS also analyzes 
a proposal from one current outfitter and guide (commercial service 
supported by burros) and a proposal from one new outfitter and guide 
(commercial service supported by llamas) to issue permits for their 
proposed commercial activities. The services as proposed would occur on 
the Inyo National Forest in the Ansel Adams (AA), John Muir (JM), 
Golden Trout (GT), and South Sierra (SS) Wildernesses, and the non-
wilderness portions of the Inyo National Forest. This EIS tiers to the 
Record of Decision that will be signed for the Trail and Commercial 
Pack Stock Management Plan Environmental Impact Statement for all 
activities and uses proposed in the AA and JM Wildernesses. Current 
activities provided by pack stations include full service guided trips 
(guide remains for the entire trip), dunnage trips (transport of 
material and supplies), spot trips (transport of people and supplies to 
a location and guide leaving), day rides, wild horse viewing in the 
Pizona Area (from a base camp finding and viewing wild horses), and 
stock drives (movement of stock to and from winter range to operating 
areas). Activities currently conducted by the Outfitter and Guides 
include use of burros and llamas to provide dunnage service, 
backpacking trips, and camp re-supply services.

DATES: Comments concerning the scope of the analysis should be received 
no later than September 30, 2005. A draft environmental impact 
statement is expected to be published in February 2006, with public 
comment on the draft material requested for a period of 45 days. The 
final EIS is expected in August 2006.

ADDRESSES: Send written comments to Commercial Pack Station and Pack 
Stock Outfitter/Guide Permit Issuance, Inyo National Forest, 351 Pacu 
Lane, Suite 200, Bishop, CA 93514. Electronic comments may be sent to: 
[email protected]. Include ``Commercial Pack 
Station and Pack Stock Outfitter/Guide Permit Issuance'' in the subject 
line.

FOR FURTHER INFORMATION CONTACT: Roger Porter, Interdisciplinary Team 
Leader, Inyo National Forest, 351 Pacu Lane, Suite 200, Bishop, CA 
93514, (760) 873-2449.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    There is a need for action on permit applications from twelve 
resort pack stations to issue their term permits for their existing 
facilities, activities and uses, and new uses on all portions of the 
Inyo National Forest, including the AA, JM, GT, and SS Wildernesses and 
non-wilderness areas. The action is needed because many of the existing 
permits are due to expire in the near future. The twelve resort pack 
stations are: Bishop Pack Outfitters, Cottonwood Pack Station, Frontier 
Pack Train, Glacier Pack Train, Mammoth Lakes Pack Outfit, McGee Creek 
Pack Station, Mt. Whitney Pack Trains, Pine Creek Pack Station, Rainbow 
Pack Outfitters, Reds Meadow/Agnew Meadows Pack Stations, Rock Creek 
Pack Station, and Sequoia Kings Pack Trains. There is also a need for 
action on a permit application from one existing outfitter and guide to 
issue their term permit (Three Corner Round Pack Outfit) and for action 
on a permit from one new outfitter and guide providing llama service.
    This project is also needed to respond to a Court Order issued in 
2001. The Court Order required that the Forest Service reevaluate the 
existing management direction and impacts of commercial pack stock 
operations on the Ansel Adams and John Muir Wildernesses prior to 
issuing permits for these operations. The court also ordered that the 
cumulative effects analysis be completed by December 2005 followed by a 
second NEPA process to issue individual special use permits by December 
2006. The first planning effort--the Trail and Commercial Pack Stock 
Management in the Ansel Adams and John Muir Wildernesses EIS--will 
analyze the management direction and cumulative impacts of these 
operations. This Commercial Pack Station and Pack Stock Outfitter/Guide 
Permit Issuance EIS will respond to the portion of the Court Order 
requiring the second level of NEPA analysis related to the re-issuance 
of commercial pack station permits.
    The purpose of the project is to continue to provide commercial 
pack stock services as a part of a wide range of available recreational 
activities available on the Inyo National Forest and to provide these 
services in a manner consistent with existing forest plan direction.
    The Final EIS (FEIS) and Record of Decision (ROD) for this project 
will tier to the Trail and Commercial Pack Stock Management in the John 
Muir/Ansel Adams FEIS and ROD. The Trail and

[[Page 46134]]

Commercial Pack Stock FEIS and ROD will identify the levels and terms 
of commercial pack stock use in the AA and JM Wilderness. This Permit 
Issuance EIS will authorize these uses in the AA and JM Wildernesses as 
well as authorize uses on other areas of the Inyo National Forest.

Proposed Action

    To meet the purpose and need, the Forest Service proposes to issue 
long term permits for a variety of commercial pack stock related 
activities to twelve existing Resort Special Use Permit holders 
(commercial service supported by horses and mules). The Forest Service 
also proposes to issue an outfitter/guide permit for one current 
outfitter and guide (commercial service supported by burros) and an 
outfitter/guide permit for one new outfitter and guide (commercial 
service supported by llamas). The services as proposed would occur on 
the Inyo National Forest in the AA, JM, GT, and SS Wildernesses, and 
the non-wilderness portions of the Inyo National Forest. The proposed 
action authorizes the terms, conditions, and appropriate use levels for 
these activities. Specifically, the proposed action includes: (1) Pack 
station/outfitter guide-specific use authorizations in the AA and JM 
Wildernesses; (2) pack station/outfitter guide-specific authorizations 
in the GT and SS Wildernesses; (3) grazing/range readiness standards 
and approval and authorization of incidental grazing in the GT and SS 
Wildernesses and non-wilderness areas of the Inyo National Forest; (4) 
authorizations of pack station base facilities (including pastures and 
corrals) and boundaries; (5) location and authorization of front 
country (i.e., non-wilderness) day rides and activities; and (6) 
restricting commercial pack stock travel to existing trails within 
identified Concentrated Recreation Areas. The Proposed Action also 
contains a number of actions specific for each of the twelve pack 
stations and two outfitter/guides analyzed in the Draft EIS. A more 
detailed description of the proposed action is available by contacting 
the project team leader.

Possible Alternatives

    In addition to the Proposed Action, a No Action alternative, as 
required by NEPA will also be analyzed. The No Action alternative to be 
analyzed would allow for the natural expiration of current Pack Station 
special use permits with no new permits being issued.

Responsible Official

    The responsible official is Jeffrey E. Bailey, Forest Supervisor, 
Inyo National Forest, 351 Pacu Lane, Suite 200, Bishop, CA 93514.

Nature of Decision To Be Made

    Given the purpose and need, the deciding official reviews the 
proposed action, the other alternatives, and the environmental 
consequences in order to make the following decision: Whether to issue 
the permits with modified terms and conditions, or not to authorize the 
uses and require removal of all facilities from public land.

Scoping Process

    Public participation is an important part of this analysis. The 
Forest Service is seeking information, comments, and assistance from 
Federal, State, and local agencies, tribes, and other individuals or 
organizations who 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, meetings (dates and 
locations to be determined), newsletters, and information posted on the 
Inyo National Forest's Web sites.

Estimated Dates for the Draft and Final EIS

    A draft environmental impact statement will be prepared for public 
comment. The comment period on the draft environmental impact statement 
will be 45 days from the date the Environmental Protection Agency 
publishes the notice of availability in the Federal Register. It is 
expected that the Draft EIS will be available for comment in February 
2006.

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 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.
    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)

Jeffrey E. Bailey,
Forest Supervisor, Inyo National Forest.
[FR Doc. 05-15695 Filed 8-8-05; 8:45 am]
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