[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Notices]
[Pages 46134-46136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15696]


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DEPARTMENT OF AGRICULTURE

Forest Service


Commercial Pack Station and Pack Stock Outfitter/Guide Permit 
Issuance; Sierra National Forest; Fresno, Madera, and Mariposa 
Counties, CA

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 (EIS) to document and disclose the environmental impacts of a 
proposal to re-issue long term permits for a variety of commercial pack 
stock related activities to seven existing

[[Page 46135]]

Resort Special Use Permit holders (commercial service supported by 
horse) and one existing Outfitter-Guide Special Use Permit Holder. The 
EIS will also designate a trail system and trail management objective 
for the Dinkey Lakes Wilderness. The services as proposed would occur 
on the Sierra National Forest in the Ansel Adams (AA), and John Muir 
(JM), and the non-wilderness portions of the Sierra 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), and day rides.

DATES: Comments concerning the scope of the analysis should be received 
no later than September 15, 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, Sierra National Forest, 1600 
Tollhouse Road, Clovis, CA 93611. 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: Kim Sorini-Wilson, Interdisciplinary 
Team Leader, Sierra National Forest, 29688 Auberry Road, Prather, CA 
93651 (559) 855-5355 ext.3328.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    There is a need for action on permit applications from seven resort 
pack stations and one existing Outfitter-Guide Special Use Permit 
holder to re-issue their term permits for their existing facilities, 
activities and uses, on all portions of the Sierra National Forest, 
including the AA, JM, and non-wilderness areas of the Sierra National 
Forest. The seven resort pack stations are: Yosemite Trails Pack 
Station, Inc., Miller Meadow Inc dba Minarets Pack Stations, D&F 
Stables, LLC, High Sierra Pack Station, Clyde Pack Outfitters and Lost 
Valley Pack Station. Muir Trail Ranch is an outfitter-guide based off 
of private property within the John Muir Wilderness and Florence Lake 
Resort is a resort located on the east end of Florence Lake.
    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 purposes of the project is to continue to provide commerical 
pack stock services as a part of a wide range of available recreational 
activities available on the Sierra National Forest and to provide these 
services in a manner consistent with existing forest plan direction. In 
addition, this EIS will also designate a trail system and trail 
management objective for the Dinkey Lakes Wilderness.
    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 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 Sierra National Forest.

Proposed Action

    To meet the purpose and need, the Forest Service proposes to re-
issue long term permits for a variety of commercial pack stock related 
activities to seven existing Resort Special Use Permit holders 
(commercial service supported by horse) and one existing Outfitter-
Guide Special Use Permit holder. 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) 
authorizations of pack station base facilities (including pastures and 
corrals) and boundaries; (3) location and authorization of front 
country (i.e., non-wilderness) day rides and activities; and (4) 
implementation of grazing/range readiness standards. The Proposed 
Action also contains a number of actions specific for each of the seven 
pack stations and one outfitter/guide 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 Edward C. Cole, Forest Supervisor, 
Sierra National Forest, 1600 Tollhouse Road, Clovis, CA 93611.

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 
reissue 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 
Sierra National Forest's Web sites.

[[Page 46136]]

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.

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)

Teresa A. Drivas,
Acting Forest Supervisor, Sierra National Forest.
[FR Doc. 05-15696 Filed 8-8-05; 8:45 am]
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