[Federal Register: December 11, 2002 (Volume 67, Number 238)]
[Notices]
[Page 76158-76159]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de02-19]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[Page 76158]]
DEPARTMENT OF AGRICULTURE
Forest Service
USDA-Forest Service/Spalding Land Exchange and Special Use Permit
Environmental Impact Statement and Lassen National Forest Plan
Amendment, Lassen National Forest, Lassen County, CA
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The U.S. Department of Agriculture, Forest Service, Lassen
National Forest, is issuing this notice to advise the public that an
environmental impact statement (EIS) will be prepared for a proposed
land exchange between the Spalding Community Services District and the
Lassen National Forest, Lassen County, CA. Approval would include the
transfer of approximately 57.21 acres of Federal lands encompassing one
52.50 acre parcel and one 4.71 acre parcel, and also includes a non-
significant minor amendment to the ``Lassen National Forest Land and
Resource Management Plan'' (LRMP), and authorization of a special use
of National Forest System Lands for water and sewer pipeline corridors,
and an access road totaling approximately 2.7 acres. The Forest Service
invites written comments and suggestions on the scope of the
environmental analysis for the EIS from Federal, State, and local
agencies, federally recognized Tribes, and other individuals or
organizations that may be interested in or affected by the proposed
action.
DATES: Submit comments on or before January 27, 2003.
The draft EIS is expected to be filed with the Environmental
Protection Agency (EPA) and available for public review in March 3,
2003. The final EIS is scheduled for completion in August 2003.
ADDRESSES: You may request to be placed on the project mailing list or
you may direct questions, comments and suggestions to the Responsible
Official: Edward C. Cole, Forest Supervisor, Lassen National Forest,
2550 Riverside Drive, Susanville, CA 96130.
FOR FURTHER INFORMATION CONTACT: Lois Charlton, Forest Lands Officer,
Lassen National Forest 2550 Riverside Drive, Susanville, CA 96130.
Telephone (530) 257-2151.
SUPPLEMENTARY INFORMATION: The Forest Service (lead agency) is
proposing a value for value exchange of federal land with the Spalding
Community Services District (SCSD) for third party private lands. If
the values are unequal, either party may equalize the values by making
a cash payment not the exceed 25 percent of the value of the lands
transferred out of Federal ownership. The Forest Service is initiating
this action in response to a request by SCSD to acquire lands to
accommodate construction and operation of a wastewater collection and
treatment facility. The federal lands are from the Lassen National
Forest (57.21 acres). The Lands that the SCSD would potentially
exchange include up to four parcels listed in order of priority for
acquisition (Lassen County Assessor Parcel Numbers 077-303-21, 075-120-
14, 075-120-15, 075-130-11 and 077-303-21). Acquisition of these
parcels would improve access to National Forest System Lands, eliminate
one or more in-holdings, and add wetland habitat to the Lassen National
Forest. Approval of the land exchange would also include a non-
significant minor amendment to the Lassen LRMP, and authorization of a
special use of National Forest System Lands for water and sewer
pipeline corridors and an access road totaling approximately 2.7 acres.
Environmental Analysis of alternative locations and designs for the
facility was conducted in the ``Spalding Community Services District
Wastewater Collection and Treatment Facilities Final Environmental
Impact Report'' (SCSD FEIR) dated April 17, 2000. The SCSD FEIR will be
incorporated by reference into the EIS for the land transfer. Lands
acquired in the exchange by the Forest Service will be managed in
accordance with the Lassen National Forest LRMP (1993).
The Spalding Community Services District conducted extensive public
participation in development of the SCSD EIR (ref. SCSD FEIR pages 1-2,
1-3, 1-8, 1-9). Comments received in response to the Draft SCSD EIR
(SCSD FEIR page 1-4--1-8) were responded to in the Final EIR and will
not be identified in the EIS as new issues. The Lassen National Forest
listed the land exchange in the quarterly Schedule of Proposed Actions
(SOPA) starting in March of 1999. An initial proposed actions was
presented to the Lassen County Board of Supervisors at two regularly
scheduled meetings (2/13/01 and 2/20/01). The project was presented at
a regularly scheduled meeting of the Lassen County Fish and Game
Commission (2/15/01). A direct mailing regarding this proposed action
was sent to a list of persons and organizations involved in the SCSD
EIR, involved government agencies, or those who had requested
notification of projects on the Eagle Lake Ranger District involving
recreation, special uses, roads, or other proposed actions. Based on
analysis completed to date, it was determined that an EIS is needed.
Information and data previously gathered will be carried forward in
this EIS. Letters describing the proposed action and soliciting
comments will be sent to appropriate Federal, State and local agencies,
all Spalding community landowners and to organizations and citizens who
express interest in this proposal.
Preliminary issues identified with this proposal include concerns
over proposed mitigation measures designed to protect the Federally
Threatened bald eagle. These issues include decreased access for
sportsman caused by closure of one non-system road (Fred's Road) and a
seasonal road closure of a portion of the Osprey Management Area
boundary road (32N27Y), and a potential increase of use on the existing
network of nonsystem roads between the Spalding Tract and the Pine
Creek Estuary.
At this time the alternatives under consideration include: no
action and exchanging lands as identified in the proposed action. The
EIS will analyze the direct, indirect, and cumulative environmental
effects of the alternatives. Past, present, and projected activities on
both private and NFS lands will be considered. The EIS will
[[Page 76159]]
disclose the analysis of site-specific mitigation.
Public participation is important. Comments from the public will
continue to be used to:
--Identify, confirm or redefine potential issues.
--Identify, confirm or redefine major issues to be analyzed in depth.
--Eliminate minor issues or those, which have been covered by a
previous environmental analysis, such as the Lassen National Forest
LRMP, and the SCSD FEIR.
--Identify alternatives to the proposed action.
--Identify, confirm or redefine potential environmental effects of the
proposed action and alternatives (i.e. direct, indirect, and cumulative
effects).
--Determine potential cooperating agencies and task assignments.
To ensure that the full range of issues related to the proposed
action is addressed and all significant issues are identified, comments
and suggestions are invited from all interested parties.
The comment period on the draft EIS will be 45 days from the date
the EPA publishes the notice of availability in the Federal Register.
At that time, copies of the draft EIS will be distributed to interested
and affected agencies, organizations, tribes, and members of the public
for their review and comment. It is important that those interested in
the management of the Lassen National Forest participate at that time.
Comments received in response to this solicitation, 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. Comments submitted anonymously will be accepted and
considered. Additionally, pursuant to 7 CFR 1.27(d), any person may
request the agency to withhold a submission from the public record by
showing how the Freedom of Information (FOIA) permits such
confidentiality. 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.
The Forest Service believes, at this early state, 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 US. 519,
553 (1978). Also, environmental objections that could be raised at the
draft environmental impact statement stage but 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 meaningful 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
adequency 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.
Dated: December 2, 2002.
Edward C. Cole,
Forest Supervisor, Lassen National Forest.
[FR Doc. 02-31194 Filed 12-10-02; 8:45 am]
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