[Federal Register Volume 73, Number 8 (Friday, January 11, 2008)]
[Notices]
[Pages 2002-2003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-80]


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DEPARTMENT OF AGRICULTURE

Forest Service


Nebraska Travel Management Rule Implementation Project; Nebraska 
National Forest, Nebraska and South Dakota

AGENCY: Forest Service, USDA.

ACTION: Notice; Intent to Prepare Environmental Impact Statement.

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SUMMARY: The purpose of the Nebraska Travel Management Rule 
Implementation project is to implement direction in the Travel 
Management; Designated Routes and Areas for Motor Vehicle Use; Final 
Rule, (36 CFR Parts 212, 251, 261, 295) commonly known as the Travel 
Management Rule and designate roads, trails, and areas open to motor 
vehicle use.
    The Forest Service will prepare an environmental impact statement 
(EIS) to document the analysis and disclose the environmental impacts 
of proposed land management activities, and corresponding alternatives, 
within the Nebraska Travel Management Project area. The Nebraska Travel 
Management Rule Implementation project area is located primarily on 
National Forest System lands, administered by the Nebraska National 
Forest in northwestern Nebraska and southwestern South Dakota.

DATES: Comments concerning the proposed land management activities 
should be received within 30 days following publication of this notice 
to receive timely consideration in the preparation of the draft EIS.

ADDRESSES: Send written comments concerning the proposed land 
management activities or requests to be placed on the project mailing 
list to: Mark Reichert, Project Leader; Attention: Nebraska Travel 
Management Project, ACT2 Enterprise Unit, 1312 Fairlane Road, Yreka, 
California 96097-9549. You are welcome and encouraged to submit 
electronic comments in acceptable formats [plain text (.txt), rich text 
(.rtf) or Word (.doc)] to: [email protected].

FOR FURTHER INFORMATION CONTACT: Mark Reichert, Project Leader, ACT2 
Enterprise Unit, 1312 Fairlane Road, Yreka, California 96097-9549, 
phone (530) 841-4422, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The information presented in this notice is 
included to help the reviewer determine if they are interested in or 
potentially affected by proposed land management activities. 
Information presented in this notice is summarized. Those who wish to 
provide comments, or are otherwise interested in or affected by the 
project, are encouraged to obtain additional information from the 
contact identified in the previous section titles: FOR FURTHER 
INFORMATION CONTACT.
    Proposed Action--Proposed land management activities (Proposed 
Action) include the following, with approximate mileage and acreage 
values: (1) Designation of 552 miles of motorized travel, which 
includes 514 miles of roads (303 miles for both Highway Legal Vehicles 
(HLV) and Off-Highway Legal Vehicles (OHV) use, and 211 miles for HLV 
use only) and 38 miles of trails for OHV use (2) Designation of 5,441 
acres of motorized travel.
    Project History--On November 2, 2005, the Forest Service announced 
the Travel Management; Designated Routes and Areas for Motor Vehicle 
Use; Final Rule governing OHV and other motor vehicle use on national 
forests and grasslands. Commonly known as National Travel Management 
Rule, it directs all national forests and national grasslands to allow 
wheeled motorized vehicle travel only on designated roads,

[[Page 2003]]

trails, and areas. This changes OHV rules on national forests to a 
``closed unless designated open'' policy. In January of 2008, the 
Nebraska Travel Management Route Implementation Project is being 
presented to the public for comment (scoping) prior to undertaking 
preparation of an Environmental Impact Statement.
    Responsible Officials--Four District Rangers of the Nebraska 
National Forest, Patti Barney, for the Bessey District Ranger, Michael 
McNeill, for the Fall River District Ranger, Charlie Marsh, for the 
Pine Ridge District Ranger, Kevin Atchley, for the Wall District 
Ranger, will serve in the capacity of responsible officials throughout 
this process. These Responsible Officials will be making project-level 
decisions from the project.
    Decision Space--Decision-making will be limited to specific 
activities relating to the Proposed Action. The primary decision to be 
made will be whether or not to implement the Proposed Action or another 
alternative that responds to the project's purpose and needs.
    Preliminary Issues--Comments from American Indian tribes, the 
public, and other agencies will be considered in identifying 
preliminary issues. Issues raised in similar projects have included: 
effects on hunting, recreation, and conflicts between different user 
groups.
    Public Participation--The Forest Service is seeking comments from 
Federal, State, and local agencies, as well as local Native American 
tribes and other individuals or organizations that may be interested in 
or affected by the Proposed Action. Comments received in response to 
this notice will become a matter of public record. While public 
participation is welcome at any time, comments on the Proposed Action 
received within 30 days of this notice will be especially useful in the 
preparation of the draft EIS. Timely comments will be used to identify: 
Potential issues with the Proposed Action, development of alternatives 
to the Proposed Action that respond to identified needs and significant 
issues, and potential environmental effects of the Proposed Action and 
alternatives considered in detail. In addition, the public is 
encouraged to contact and/or visit Forest Service officials at any time 
during the planning process.
    Estimated Dates for Filing--The draft EIS is expected to be filed 
with the Environmental Protection Agency and available for public 
review in August 2008. A 45-day comment period will follow publication 
of a Notice of Availability of the draft EIS in the Federal Register. 
Comments received on the draft EIS will be used in preparation of the 
final EIS, expected in January 2009. Four different Record of Decisions 
(RODs) will also be issued at that time, one for each Ranger District, 
along with publication of a Notice of Availability of the final EIS and 
RODs in the Federal Register.
    Reviewer's Obligations to Comment--The Forest Service believes it 
is important at this early stage to give reviewers notice of several 
court rulings related to public participation in the environmental 
review process. First, reviewers of the draft EIS must structure their 
participation in the environmental review of the proposal in such a way 
that is meaningful and alerts an agency to the reviewer's position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S.C. 
519, 513 (1978). Also, environmental objections that could be raised at 
the draft EIS stage but are not raised until after completion of the 
final EIS 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 
of the draft EIS in order that comments and objections are available to 
the Forest Service at a time when it can meaningfully consider them and 
respond to them in the final EIS. To assist the Forest Service in 
identifying and considering issues and concerns on the Proposed Action, 
comments should be as specific as possible. 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.

    Dated: December 18, 2007.
Don Bright,
Forest Supervisor, Nebraska National Forest, 125 North Main, Chadron, 
NE 69337.
[FR Doc. 08-80 Filed 1-10-08; 8:45 am]
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