[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Pages 15125-15126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5742]


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DEPARTMENT OF AGRICULTURE

Forest Service


North San Juan Sheep and Goat EIS

AGENCY: Forest Service, Rio Grande National Forest, USDA.

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

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SUMMARY: This NEPA analysis began as an environmental assessment in 
2006, then as Interdisciplinary Team discussions took place, it was 
recognized that completion of an environmental impact statement (EIS) 
would be more appropriate. The project is analyzing the action to 
continue to permit livestock (domestic sheep and goats) grazing within 
the North San Juan Sheep and Goat Allotments Analysis Area (hereinafter 
referred to as the Analysis Area) under an Adaptive Management 
strategy.

DATES: Comments concerning the scope of the analysis must be received 
by 30 days from the date of this notice. The draft environmental impact 
statement is expected December 31, 2008 and the final environmental 
impact statement is expected February 28, 2009.

ADDRESSES: Send written comments to Mr. Kelly Garcia, Team Leader, Rio 
Grande National Forest, Conejos Peak Ranger District, 15571 CR T.5, 
LaJara, CO 81140. Electronic mail (e-mail with subject, North San Juan 
comments) may be sent to [email protected] and a FAX may be sent to (719) 274-6301.

FOR FURTHER INFORMATION CONTACT: Same as above.

SUPPLEMENTARY INFORMATION: The Analysis area contains the Willow Mtn. 
Sheep and Goat (S&G) Allotment, Cornwall Mtn. S&G Allotment, Marble 
Mtn. S&G Allotment, Campo-Bonito S&G Allotments, Cropsy-Summit S&G 
Allotments, Elwood S&G Allotment, Treasure S&G Allotment, West Vega S&G 
Allotment, East Vega S&G Allotment, Upper Adams S&G Allotment and the 
North Fork-Middle Fork S&G Allotments.

Purpose and Need for Action

    The purpose of this action is to provide forage for permitted 
domestic livestock grazing in a manner that maintains or moves 
conditions toward achieving Forest Plan objectives and desired 
conditions. There is an overall need for greater management 
flexibility. More specifically, the need for this action is tied to any 
important resource, social, or economic disparity that may be found 
when comparing the existing condition in the Analysis Area to the 
Forest Plan desired conditions, as determined by the interdisciplinary 
team (IDT) and authorized officer on a site-specific basis.

Proposed Action

    The proposed action is to continue to permit livestock grazing 
within the North San Juan Sheep and Goats allotments analysis area, 
under an Adaptive Management strategy that would ensure meeting or 
moving toward the Rio Grande National Forest Land and Resource 
Management Plan (Forest Plan) and project-specific desired conditions. 
This proposal also generates the need to develop new allotment 
management plans (AMPs).

Responsible Official

    The responsible official is the District Ranger, Rio Grande 
National Forest, Conejos Peak Ranger District, 15571 County Road T.5, 
La Jara, CO 81140.

Nature of Decision To Be Made

    This EIS will disclose the environmental consequences of 
implementing the proposed action and alternatives to that action. A 
separate Record of Decision (ROD), signed by the responsible official, 
will explain the management and environmental reasons for selecting an 
alternative to be implemented. The ROD will disclose the rationale for 
choosing the selected alternative; discuss the rationale for rejecting 
other alternatives; and disclose how the decision responds to the 
relevant issues.
    The decision that the responsible official will make in the Record 
of Decision is whether or not to authorize some level of livestock 
grazing on all, part, or none of the Analysis Area given considerations 
of Forest Plan desired conditions, goals and objectives, and public 
input. If the decision is made to authorize some level of livestock 
grazing, the management framework will be described (including 
standards, guidelines, grazing management, and monitoring) so that 
desired condition objectives are met or that movement occurs toward 
those objectives in an acceptable timeframe.

Scoping Process

    The Rio Grande National Forest invited public comment and 
participation regarding this project through the Schedule of Proposed 
Actions (SOPA), public notice in the Valley Courier (January 21, 
2006)--the newspaper of record and a scoping letter sent to potentially 
concerned public, tribal governments, State and other Federal agencies, 
(January 19, 2006). Comments received in these previous scoping efforts 
will be retained and considered in this EIS.
    An additional comment period will be provided during scoping for 
this EIS in the form of this notice in the Federal Register, the 
Schedule of Proposed Actions (SOPA), public notice in the Valley 
Courier--the newspaper of record, and letters sent to potentially 
concerned public, tribal governments, State and other Federal agencies.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement. The Forest 
Service invites written comments on the proposed action, including any 
issues to consider, as well as any concerns relevant to the analysis. 
In order to be most useful, scoping comments should be received within 
30 days of publication of this Notice of Intent. Comments received in 
response to this notice, including names and addresses of those who 
comment, will be considered part of the public record on this Proposed 
Action and will be available for public inspection. If you wish to 
withhold your name or street 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 comment. Such 
requests will be honored to the extent allowed by law, but persons 
requesting such confidentiality should be aware that under the FOIA, 
confidentiality may be granted in only very limited circumstances, such 
as to protect trade secrets. The Forest Service will inform the 
requester of the agency's decision regarding the request for 
confidentiality, and where the request is denied, the agency will 
return the submission and notify the requester that the comments may be 
resubmitted with or without name and address within a specified number 
of days. All submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, will be available for public inspection in 
their

[[Page 15126]]

entirety. Comments submitted anonymously will be accepted and 
considered; however, those who submit anonymous comments will not have 
standing to appeal the subsequent decision under 36 CFR part 215. 
Comments and FS responses will be addressed and contained in the Final 
EIS.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement will be prepared for 
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.
    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 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.

     Dated: March 11, 2008.
Larry R. Velarde,
Acting District Ranger.
 [FR Doc. E8-5742 Filed 3-20-08; 8:45 am]
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