[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Page 42798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6561]


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DEPARTMENT OF AGRICULTURE

Forest Service


Hoosier National Forest, IN; German Ridge Restoration Project

AGENCY: Forest Service, USDA.

ACTION:  Notice of intent to prepare a supplement to an environmental 
impact statement.

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SUMMARY: The USDA Forest Service, Hoosier National Forest intends to 
prepare a supplement to an environmental impact statement (EIS) that 
discloses the environmental consequences of a vegetation restoration 
project. In the supplement to the EIS, the USDA Forest Service will 
bring the document and the project into compliance with the Forest Plan 
that has come into effect since the previous documents were prepared 
and will make improvements to the cumulative effects sections. The EIS 
addresses potential environmental impacts of replacing pine plantations 
in the German Ridge area of Perry County, Indiana with native hardwood 
communities.

DATES: The Draft supplement to the environmental impact statement is 
expected in September 2006, and the final supplement to the 
environmental impact statement is expected in December 2006.

ADDRESSES: Send written comments to Kenneth Day, Forest Supervisor; 
Hoosier National Forest; 811 Constitution Avenue; Bedford, IN 47421. 
Send electronic comments to [email protected].

FOR FURTHER INFORMATION CONTACT: Ron Ellis, NEPA Coordinator, Hoosier 
National Forest, USDA Forest Service; telephone: 812-275-5987. See 
address above. Copies of documents may be requested at the same 
address. Information concerning the project can also be obtained on the 
Forest Web page at http:/www.fs.fed.us/r9/hoosier/projects.htm.

SUPPLEMENTARY INFORMATION: On January 24,m 2oo6, Acting Forest 
Supervisor James L. Lowe singed a record of decision (ROD) and released 
the final EIS for the German Ridge Restoration Project. This EIS and 
ROD were appealed to the Regional. Forester for the Eastern Region of 
the Forest Service. The appellants raised numerous issues, including 
the adequacy of the cumulative effects analysis in the final EIS. The 
Regional Forester upheld the decision on most points but reversed the 
decision because of an incomplete analysis of cumulative effects for 
some resources. I have decided the public can be best served by 
preparing a Supplement to the EIS.
    This notice begins the public involvement processed for the 
Supplement. The proposed action, the purpose and need, the issues, and 
the alternatives remain unchanged from the January 2006 final, EIS.

Responsible Official

    Kenneth G. Day, Forest Supervisor; Hoosier National Forest; 811 
Constitution Avenue; Bedford, Indiana 47421.

Nature of Decision To Be Made

    The decision to be made is whether or not to actively convert any 
or all of the 2,180 acres of pine plantations to native hardwood 
communities by harvesting and prescribed burning.
    Early Notice of Public Participation in Subsequent Environmental 
Review: A draft supplemental to the environmental impact statement will 
be prepared for comment. The comment period on the draft statement will 
be 45 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. NRDC, 435 U.S. 519, 553 (1978).
    Also, environmental objections that could be raised at the draft 
supplemental environmental impact statement stage but that are not 
raised until after completion of the final supplement to the 
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 important that those 
interested in this proposed action participate by the close of the 45-
day comment period so that comments 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 proposed draft supplemental 
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 (Authority 40 CFR 1501.7 and 1508.22; Forest Service 
Handbook 1909.15, Section 20).

    Dated July 18, 2006.
Kenneth G. Day,
Forest Supervisor, Hoosier National Forest.
[FR Doc. 06-6561 Filed 7-27-06; 8:45 am]
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