[Federal Register: February 2, 2004 (Volume 69, Number 21)]
[Notices]
[Page 4920]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe04-18]
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DEPARTMENT OF AGRICULTURE
Forest Service
Supplement to the Final Environmental Impact Statement for
Amendment of National Forest Management Plans
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare a supplement to a Final
Environmental Impact Statement.
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SUMMARY: The Forest Service, Southwestern Region, is preparing a
Supplement to the Final Environmental Impact Statement (FEIS) for
Amendment of Forest Plans in Arizona and New Mexico to disclose,
review, and assess scientific arguments challenging the agency's
conclusions over the northern goshawk's habitat preferences. The
supplement will update the FEIS which amended the eleven Forest Plans
in the Region for northern goshawk, Mexican spotted owl, and old growth
standards and guidelines in June 1996.
DATES: The Draft Supplement to the Final Environmental Impact Statement
is expected in March 2004 and the Final Supplement is expected in June
2004.
FOR FURTHER INFORMATION CONTACT: Lou Woltering, Assistant Director of
Wildlife, Southwestern Region, 333 Broadway SE., Albuquerque, NM 87102.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action and Nature of Decision To Be Made
The Supplement to the FEIS is being prepared in accordance with an
opinion filed November 18, 2003, by the Ninth Circuit Court of Appeals
(CV-00-01711-RCB) which held that the Final EIS failed to disclose
responsible scientific opposition that was addressed in the project
record. The Original Notice of intent for this plan amendment was
published in the Federal Register on June 24, 1992 (57 FR 28171). The
Supplement will address the issue of scientific arguments over the
northern goshawk's habitat preference and update the Final EIS for
Amendment of National Forest Management Plans in the Southwestern
Region. The Final EIS includes guidelines for management of habitat for
the Mexican spotted owl and northern goshawk. The Final EIS was noticed
for availability in the Federal Register on November 3, 1995 (60 FR
55841). The Record of Decision was signed June 5, 1996.
Responsible Official
The Responsible Official is the Southwestern Regional Forester,
Harv Forsgren, at 333 Broadway SE., Albuquerque, New Mexico, 87102.
Public Involvement Process
The Draft Supplement to the FEIS will be circulated for a comment
period following Council of Environmental Quality regulations at 40 CFR
1502.9(c.)(4).
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
Supplement 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 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 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: January 27, 2004.
Abel Camarena,
Deputy Regional Forester, Southwestern Region, USDA Forest Service.
[FR Doc. 04-2046 Filed 1-30-04; 8:45 am]
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