[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Notices]
[Pages 39383-39384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3479]


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DEPARTMENT OF AGRICULTURE

Forest Service


Plumas National Forest; Butte and Plumas Counties, CA; Watdog 
Project

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a Supplement to the Environmental 
Impact Statement.

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SUMMARY: The Forest Service will prepare a supplement to the final 
Environmental Impact Statement to document and clarify the analysis of 
environmental effects.

DATES: Scoping is not required for supplements to environmental impact 
statements (40 CFR 1502.9(c)4). The draft supplemental environmental 
impact statement is expected to be issued in August 2007 and the final 
supplemental environmental impact statement is expected in November 
2007.

ADDRESSES: Plumas National Forest, 159 Lawrence Street, PO Box 11500, 
Quincy, CA 95971; Feather River Ranger District, 875 Mitchell Avenue, 
Oroville, CA 95965.

FOR FURTHER INFORMATION CONTACT: John Zarlengo, Project Leader, Feather 
River Ranger District, 875 Mitchell Avenue, Oroville, CA 95965; (530) 
534-6500.

SUPPLEMENTARY INFORMATION: The notice of intent to prepare a draft 
environmental impact statement for this project appeared in the Federal 
Register on February 10, 2005. The Notice of Availability for the Draft 
Environmental Impact Statement appeared on June 24, 2005. A Final 
Environmental Impact Statement and Record of Decision were issued on 
September 15, 2005. The legal notice of the Record of Decision appeared 
in the Feather River Bulletin on September 28, 2005. The decision was 
appealed and later withdrawn by the Responsible Official on December 
20, 2005. The notice of intent to prepare a draft supplement to the 
environmental impact statement for this project appeared in the Federal 
Register on March 29, 2006. The Notice of Availability for the Draft 
Supplement to the Environmental Impact Statement appeared on September 
1, 2006. A supplement to the Final Environmental Impact Statement and 
record of decision was prepared on March 30, 2007. The decision was 
appealed and then reversed after review, on June 26, 2007.

Purpose and Need for Action

    The purpose and need remain the same as was described in the FEIS. 
The purpose of and need for the project has several elements: (1) 
Implement fuels reduction by proposing defensible fuel profile zone 
(DFPZ) treatments to provide for fire resiliency and improved fire 
fighter safety; (2) Implement group selection provisions of the HFQLG 
Act providing for shifting existing conditions towards desired 
conditions of an uneven-aged (all-aged), multistory, fire-resilient 
forest and contributing toward community stability; (3) Provide for 
reduced impacts of the transportation system on forest resources by 
implementing road relocation or improvements as part of project access. 
The purpose and need includes the following restoration opportunities: 
(1) Promote a more natural forest ecosystem with a higher abundance of 
hardwoods and create openings around existing California black oaks to 
stimulate natural regeneration; and (2) Provide for healthy aquatic and 
riparian ecosystems by implementing restoration projects to improve 
fish passage in streams and restore selected streams and meadows.

Proposed Action

    The proposed action and alternatives will remain the same as 
described in the FEIS. These alternatives include varied levels of fuel 
treatments, group selection timber harvest, and transportation system 
improvement.

Responsible Official

    Chris Knopp, Acting Forest Supervisor, Plumas National Forest, P.O. 
Box 11500, Quincy, CA 95971.

Nature of Decision To Be Made

    Based on the supplement, the responsible official will decide 
whether to implement the project based on an alternative in the FEIS or 
not implement the project at this time.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft supplemental environmental impact statement will be 
prepared for comment. The comment period on the draft supplemental 
environmental impact statement will be 45 days from the date the 
Environmental Protection Agency publishes the notice of availability in 
the Federal Register.

[[Page 39384]]

    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 supplemental 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 supplemental 
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 
supplemental environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft supplemental 
environmental impact statement should be as specific as possible. It is 
also helpful if comments refer to specific pages of the draft 
supplement. Comments may also address the adequacy of the draft 
supplemental 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)

    Dated: July 3, 2007.
Maria T. Garcia,
Deputy Forest Supervisor.
[FR Doc. 07-3479 Filed 7-17-07; 8:45 am]
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