[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Notices]
[Pages 38601-38602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10541]


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DEPARTMENT OF AGRICULTURE

 Forest Service

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-930-6310-PN-LITU; HAG 06-0114]


Notice of Availability of the Draft Supplement to the 2004 Final 
Environmental Impact Statement To Remove or Modify the Survey and 
Manage Mitigation Measure Standards and Guidelines, Oregon, Washington, 
and California

AGENCIES: USDA, Forest Service; DOI, Bureau of Land Management.

ACTION: Notice of availability.

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SUMMARY: In accordance with the National Environmental Policy Act of 
1969 (NEPA, 42 U.S.C. 4321 et seq.), the Federal Land Policy and 
Management Act of 1976 (FLPMA, 43 U.S.C. 1701 et seq.), and the 
National Forest Management Act of 1976 (NFMA, 16 U.S.C. 1600-1614 et 
seq.), the USDA Forest Service and Bureau of Land Management 
(collectively the Agencies) have prepared a Draft Supplement to the 
2004 Final Environmental Impact Statement To Remove or Modify the 
Survey and Manage Mitigation Measure Standards and Guidelines (Draft 
Supplement). The Final Environmental Impact Statement To Remove or 
Modify the Survey and Manage Mitigation Measure Standards and 
Guidelines (2004 FSEIS), dated January 2004, examined the environmental 
effects of a proposal by the Agencies to amend 28 land and resource 
management plans on National Forests and Bureau of Land Management 
Districts within the range of the northern spotted owl in western 
Oregon, western Washington, and northern California.
    The Draft Supplement is available for public review.

DATES: Written comments on the Draft Supplement will be accepted for 90 
days following the date the Environmental Protection Agency publishes 
the Notice of Availability of the Draft Supplement in the Federal 
Register. The Agencies ask that those submitting comments on the Draft 
Supplement make these comments as specific as possible with reference 
to page numbers and chapters of the document.

ADDRESSES: If you wish to comment, you may submit your written comments 
to Survey and Manage SEIS Team, P.O. Box 2965, Portland, Oregon 97208, 
or via e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Michael Haske, Chief, Branch of Forest 
Resources and Special Status Species, Bureau of Land Management, P.O. 
Box 2965, Portland, Oregon 97208, telephone (503) 808-6038 or Alan 
Christensen, Group Leader, Wildlife, Fisheries, Watershed, Soils and 
Range, USDA Forest Service, P.O. Box 3623, Portland, Oregon 97208, 
telephone (503) 808-2922.
    Requests to receive copies of the Draft Supplement should be sent 
to the address listed above. Alternately, the Draft Supplement is 
available on the Internet at http://www.reo.gov/s-m2006. Copies are 
also available for inspection at USDA Forest Service and Bureau of Land 
Management offices in western

[[Page 38602]]

Washington, western Oregon and northern California.

SUPPLEMENTARY INFORMATION: In January 2004, the Agencies approved the 
2004 FSEIS analyzing a proposal to amend 28 land and resource 
management plans by removing the Survey and Manage Standards and 
Guidelines, to conserve rare and little known species, and reduce cost 
and effort and allow for achievement of healthy forests and timber 
outputs. The Agencies released a Record of Decision adopting the 
proposal in March, 2004. In August, 2005 the U.S. District Court of the 
Western District of Washington found the 2004 FSEIS failed to: (1) ``* 
* * analyze potential impacts to Survey and Manage species if they are 
not added to or are removed from the USDA Forest Service's and BLM's 
respective programs for special status species;'' (2) ``* * * provide a 
thorough analysis of their assumption that the late-successional 
reserves would adequately protect species that the Survey and Manage 
standard was introduced to protect, particularly in light of their 
previous positions in earlier environmental impact statements;'' and 
(3) ``* * * disclose and analyze flaws in their methodology for 
calculating the acreage in need of hazardous fuel treatments. Part of 
the cost analysis was similarly flawed because it relied on the acreage 
in need of hazardous fuel treatments in calculating the cost of the 
Survey and Manage standard.'' The Draft Supplement provides the 
additional information and analysis to address the deficiencies noted 
by the court, and provides and analyzes new information available since 
publication of the 2004 FSEIS.
    Following public comments, the Agencies will prepare a Final 
Supplement. No sooner than 30 days following release of the Final 
Supplement, the Agencies will prepare a new Record of Decision. A 
decision to select one of the action alternatives would amend the 
management direction in 28 land and resource management plans in the 
Northwest Forest Plan area. Comments received in response to this 
solicitation, including names and addresses, will be considered part of 
the public record on this proposal and will be available for public 
review during regular business hours. Comments, including names and 
addresses, may be published as part of the Final Supplement. If you 
wish to withhold your name or address from public review, or from 
disclosure under the Freedom of Information Act (FOIA), you must state 
this prominently at the beginning of your written comments. Such 
requests will be honored to the extent allowed by law. Additionally, 
pursuant to 7 CFR 1.27(d), any person may request that submissions be 
withheld from the public record by showing how the FOIA permits such 
confidentiality. Persons requesting such confidentiality should be 
aware that, under the FOIA, confidentiality may be granted in only 
limited circumstances, such as to protect trade secrets. The requester 
will be informed of the Agencies' decision regarding the request for 
confidentiality. Where the request is denied, the comments will be 
returned to the requester and the requester will be notified that the 
comments may be resubmitted with or without name and address. Comments 
submitted anonymously will be accepted and considered, however, 
anonymous comments do not create standing or a record of participation. 
All submissions from organizations and businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be available for public inspection in their 
entirety.
    The Agencies believe it is important to give reviewers notice of 
several court rulings related to public participation in the 
environmental review process. Reviewers should structure their 
participation so that it is meaningful to alert the Agencies of their 
positions 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 Supplement stage, but are not raised until after 
completion of the Final Supplement, 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 important that those 
interested in this proposed action provide comments by the close of the 
90-day comment period, so that the Agencies can meaningfully consider 
and respond to them in the Final Supplement.
    The responsible official for lands administered by the USDA Forest 
Service will be the Secretary of Agriculture. The responsible official 
for public lands administered by the Bureau of Land Management will be 
the Secretary of the Interior.
    No public hearings or meetings are planned.

    Dated: June 30, 2006.
Cynthia Ellis,
Regulatory Affairs, Bureau of Land Management, Washington, DC.

    Dated: June 30, 2006.
Andria Weeks,
Regulatory Liaison Officer, United States Forest Service, Washington, 
DC.
 [FR Doc. E6-10541 Filed 7-6-06; 8:45 am]
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