[Federal Register Volume 60, Number 62 (Friday, March 31, 1995)]
[Notices]
[Pages 16596-16601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7886]
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DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Intent to Prepare an Environmental Impact Statement to
Amend the Land and Resource Management Plan for the Toyable National
Forest Spring Mountains National Recreation Area
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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Preparation of a general management plan for the Spring Mountains
National Recreation area as an amendment to the Toiyabe National Forest
Land and Resource Management Plan (Forest Plan); Toiyabe National
Forest; Spring Mountains National Recreation Area; Clark and Nye
Counties, Nevada.
SUMMARY: Pursuant to the Spring Mountains National Recreation Area Act
(P.L. 103-63) and 36 CFR 219.10(f), the Forest Supervisor for the
Toiyabe National Forest gives notice of the agency's intent to prepare
an environmental impact statement (EIS) for the decision to prepare a
general management plan for the Spring Mountains National Recreation
Area (SMNRA) as an amendment to the Land and Resource Management Plan
for the Toiyabe National Forest. This amendment would make specific
changes in the Forest Plan, as it applies to the SMNRA. This notice
includes a summary of the proposed changes to the Forest Plan, a
description of the need for these changes, and a brief description of
preliminary issues and potential alternatives to the proposed
amendment. This notice also provides estimated dates for filing the
draft and final EIS; information on future public involvement; the name
and address of the responsible official; and the name of the person who
can provide additional information.
DECISION TO BE MADE: The Spring Mountains National Recreation Area is
currently managed under three separate land management plans, developed
independently by different agencies under different authorities and
legislation. One of these is the Forest Plan, which also provides
direction for the rest of the 4.5 million acre Toiyabe National Forest.
Public Law 103-63 directs the Forest Service to ``develop a general
management plan for the Recreation Area as an amendment to the Toiyabe
National Forest Land and Resource Management Plan.''
In January, 1995, the Forest Service released the Analysis of the
Management Situation for the SMNRA. This document reviews the best
available information on the ecosystems and users of the Spring
Mountains, and identifies the need for change in current management
direction. Through the process of environmental analysis, the Forest
Service will decide whether or not to amend the Forest Plan to address
needs for change identified in the Analysis of the Management
Situation. Changes are needed to:
--Meet the direction established in the Spring Mountains National
Recreation Area Act;
--Improve ecosystem health and sustainability by protecting riparian
areas, biodiversity hotspots, habitat for threatened, endangered, and
candidate species, and soil and water quality;
--Establish standards and guidelines to protect heritage resources,
wilderness characteristics, scenic values, and other resources
affecting the public use and enjoyment of the land;
--Respond to population growth and development in Las Vegas and
southern Nevada, and changes in public sentiment regarding management
of the Spring Mountains;
--Identify opportunities for sustainable recreational use and
development;
--Provide management direction for lands transferred to the Forest
Service under the Nevada Enhancement Act of 1988;
--Establish ecosystem management as the organizing philosophy for
management of the SMNRA;
--Identify goals, objectives, and desired future conditions for each
ecological unit of the SMNRA;
--Respond to changes in law and direction in the eight years since the
Forest Plan was approved; and
--Establish a program of monitoring and evaluation to support adaptive
management of the SMNRA.
The proposed amendment would not make any changes in Forest-wide
direction, or in management of other portions of the Toiyabe National
Forest. No irreversible or irretrievable commitment of resources (site-
specific actions) will be made as a result of this decision. The Forest
Plan is a programmatic document; projects to [[Page 16597]] implement
it will involve site-specific environmental analysis and appropriate
documentation.
DATES: The agency expects to file the draft EIS (DEIS) with the
Environmental Protection Agency and make it available for public
comment by November, 1995. The agency expects to file the final EIS by
July, 1996.
MEETINGS AND PUBLIC INVOLVEMENT: Based on public recommendations,
scientific analysis, and the Analysis of the Management Situation, the
Toiyabe National Forest has prepared a proposed amendment to the Forest
Plan for consideration. The Forest Service invites comments and
suggestions from Federal, State and local agencies, American Indian
tribes, individuals, and organizations on issues concerning the effects
of this proposal. The agency has scheduled public meetings to present
and discuss the proposed Forest Plan amendment at:
--Monday, April 10, 7:30 pm, Public Library, Mt. Charleston, NV.
--Tuesday, April 18, 7:00 pm, Chamber of Commerce, Pahrump, NV.
--Tuesday, April 25, 6:00 pm, Cashman Field mtg rms, Las Vegas, NV.
--Date to be arranged, Fire Station, Mountain Springs, NV.
The purpose of these meetings is to discuss the proposed changes to
the Forest Plan and to identify issues associated with those changes.
Written comments are encouraged. Additional meetings with individuals
or groups will be arranged by request.
The Forest has an extensive public mailing list of interested and
affected people, developed during preparation of the Analysis of the
Management Situation, with additions based on participation at each
meeting. The Forest Service will continue to contact everyone on the
mailing list at each stage of the planning process to provide
information and solicit input. Those interested in being added to the
mailing list should call or write to the address below.
In addition, the Forest has continuing contact with federal, state
and local agencies such as the Nevada Division of Wildlife, the Nevada
Division of State Parks, the Bureau of Land Management, the U.S. Fish
and Wildlife Service, the State Historic Preservation Office, the Clark
County Planning Commission, and Congressional representatives. These
agencies, governments and contacts will continue to be part of the
planning effort.
Additional public meetings will be scheduled in June to develop a
wide range of alternatives to the Proposed Amendment which address the
needs identified in the Analysis of the Management Situation, and
respond to the significant issues.
Comments will be of most use to the planning team if received
before August, 1995. Refer to the For Further Information Contact in
this notice for the contact individual.
FOR FURTHER INFORMATION CONTACT: Jerry Ingersoll, Planning Team Leader,
Spring Mountains National Recreation Area, 2881 S. Valley View, Suite
16, Las Vegas, NV 89102. (702) 873-8800.
RESPONSIBLE OFFICIAL: The Forest Supervisor for the Toiyabe National
Forest, located at 1200 Franklin Way, Sparks, NV 89431, is the
Responsible Official and deciding official for this action. The Forest
Supervisor may delegate this responsibility to an Assistant Forest
Supervisor in Las Vegas.
SUPPLEMENTARY INFORMATION: Forest planning is a dynamic process that
builds upon new information and conditions developed since adoption of
a Forest Plan. Forest Plans may be amended as needed. The adoption of a
Forest Plan sets key decisions for the long-term management of a
National Forest. These decisions can be described as:
--Establishment of forest-wide multiple-use goals and objectives (36
CFR 219.11(b));
--Establishment of forest-wide management requirements, or standards
and guidelines (36 CFR 219.13);
--Establishment of management area direction (prescriptions and
associated standards and guidelines) applying to each specific
management area (36 CFR 219.11(c));
--Designation of lands suited or not suited for timber production and
other resource management activities (36 CFR 219.14, 219.15, 219.20 and
219.21);
--Establishment of monitoring and evaluation requirements (36 CFR
219.11(d)); and
--Recommendations to Congress for the establishment of Wilderness, Wild
and Scenic Rivers, Research Natural Areas, and other special
designations, as appropriate.
This proposed Forest Plan amendment is limited in scope. Changes
are proposed in management area direction, suitability for resource
management, monitoring, and recommendations for special designations
for the Spring Mountains National Recreation Area (less than 10% of the
land area of the Toiyabe National Forest). The proposed amendment would
make no changes in forest-wide goals or standards, or in management
direction for any other lands on the Toiyabe National Forest.
The amendment process began with the development of an Analysis of
the Management Situation (AMS) for the Spring Mountains National
Recreation Area (36 CFR 219.12(e)), which was distributed on January
17, 1995. The AMS:
--reflects the results of scientific inventories and surveys;
--compiles public sentiment and suggestions;
summarizes relevant law, regulation, and policy; and
identifies the need for change in current management.
The AMS brings together the best available scientific information
to document the conditions and trends of ecosystems and human uses in
the Spring Mountains. The public was involved in identifying the need
for changes to the Forest Plan, and many groups worked closely with the
planning team to develop the AMS. Between May, 1994, and January, 1995,
the Forest Service held eight open houses and public meetings, made
more than sixty presentations to groups and individuals, and solicited
ideas from more than 600 people. Copies of the AMS may be obtained by
contacting the FOR FURTHER INFORMATION contact identified previously.
Based upon the needs for change identified in the AMS, the Forest
Service is proposing specific changes to the long-term management
direction for the Spring Mountains National Recreation Area. The public
is invited to comment on the proposed changes and to identify
alternatives to the proposal which address the needs identified in the
AMS.
Proposed Action
The Forest Service proposes to provide new management direction for
the Spring Mountains National Recreation Area, one of five districts on
the Toiyabe National Forest. The proposal would:
--designate two new management areas and realign one more to encompass
lands acquired through the Enhancement Act;
--unify management direction for the SMNRA under a single management
plan;
--provide new management prescriptions for the SMNRA, including goals,
objectives, desired future condition, standards, and guidelines for
each of the four management areas involved;
--expand the Carpenter Canyon Research Natural Area to provide
[[Page 16598]] additional protection for the unique resources of
Carpenter Canyon;
--establish a program of monitoring and evaluation specific to the
SMNRA; and
--identify opportunities for sustainable recreational use and
development.
The full text of the Proposed Amendment to the Forest Plan is being
distributed to the Forest Service's mailing list of potentially
interested and affected parties. Copies are available upon request from
the Spring Mountains National Recreation Area Planning Team. See for
further information contact above.
This proposal represents a starting point for discussion; the
Forest Service will consider all reasonable alternatives to the
proposed Forest Plan amendment, including no action (leaving management
direction as it is). Public comment on this proposal will be used to
develop alternatives to the proposed action. The responsible official
may select any alternative developed through this process as the
management plan for the SMNRA; the proposed amendment will not
necessarily be the preferred alternative.
Purpose and Need/Amendment Topics
Not every issue related to Forest Service management is best
addressed through the Forest Plan. Public comment, monitoring of
current activities, and direction from the Spring Mountains National
Recreation Area Act led to the identification of many topics which
might lend themselves to Forest Service action. These topics were
categorized as follows:
--Amendment Topics
--Implementation Topics
--Topics outside the jurisdiction of the Forest Service
--Administrative Topics
--Research Topics
Amendment topics are identified and discussed below. Only those
topics which fall into this category are addressed in the proposed
Forest Plan amendment.
Implementation topics are those where the existing Forest Plan is
adequate, but there have been problems with implementation of the Plan.
One example is use of motor vehicles in the Mr. Charleston Wilderness.
Motor vehicles are clearly prohibited in the Wilderness by the
Wilderness Act of 1964, the Nevada Wilderness Act, and the Forest Plan.
Nevertheless, some use continues to occur, especially at Trough Spring
and Wallace Canyon, where old roads cross the Wilderness boundary. This
problem is being addressed through placement of barriers (boulders,
earth mounds) in road beds, and increased law enforcement.
Topics outside the jurisdiction of the Forest Service include those
where the Forest Service does not have authority to act. These topics
include issues involving private land or land under the management of
other federal agencies (such as the BLM). Some people in the Mt.
Charleston area, for example, are concerned over development of
additional lots in Kyle Canyon. This is a proper subject for Clark
County, but not for the Forest Service, which has no jurisdiction over
private land.
Administrative topics are those which relate to budget, personnel,
or administrative procedures, rather than land management. These are
topics which can be addressed through the Forest Service directives
system, and which do not generally require environmental analysis.
Examples in this category include fees charged by the Forest Service
for campground reservations, group events, and other special land uses.
The Forest Service sets these fees through administrative direction, in
accordance with existing law and regulation.
Research topics are those where additional information, through
research, is needed. Once research topics are identified, they can be
investigated by the Forest Service's Intermountain Forest and Range
Experiment Station, or by public or private universities. One example
is the need to learn more about the ecology of the blackbrush community
and its successional pathways.
Amendment topics are those subjects which can best be resolved by
amending the Forest Plan. These are also known as ``public issues,
management concerns, and resource use and development opportunities''
(36 CFR 219.12(b)). Through work with interested publics, the Planning
Team identified the following fifteen amendment topics in the Analysis
of the Management Situation.
FOREST HEALTH/BIODIVERSITY--The Spring Mountains provide a
unique and fragile ecosystem--an island in the desert--which harbors
many endemic species of plants and animals. As we have learned more
about ecosystem dynamics, and as Las Vegas has grown, we have become
increasingly aware of potential conflicts. The proposed amendment
includes goals, objectives, and standards to assure protection of
ecological health and diversity while providing for sustainable
recreation use and development.
THREATENED, ENDANGERED, AND SENSITIVE SPECIES--The Spring
Mountains provide habitat for four listed threatened and endangered
species, one species proposed for listing, and 54 candidate species,
including 22 which occur nowhere else in the world. Proposed standards
to protect these species are needed to provide for recovery of listed
species, and to keep candidate species from becoming threatened or
endangered. The proposed amendment would include a conservation
agreement with the U.S. Fish and Wildlife Service which could provide a
basis for determinations not to list some candidate species.
WILDLIFE HABITAT--Wildlife of the SMNRA includes native
species ranging from mule deer and desert bighorn sheep to Palmers
chipmunk and chuckwalla. Several game species have also been introduced
to the range, including elk, chukar, and turkey. Wildlife populations
are managed by the Nevada Division of Wildlife. Forest Plan direction
is needed, however, to establish habitat management objectives, and to
set an appropriate balance between native and non-native species.
Proposed objectives, including Appropriate Management Levels (AML's)
for elk, are needed in order to provide direction for habitat
management, and for improvements such as water development.
WILD HORSES AND BURROS--Wild horses and burros on the SMNRA
are managed by the Forest Service under the authority of the Wild
Horses and Burros Protection Act of 1971. Like elk, wild horses and
burros have been introduced to the Spring Mountains, and are maintained
there to provide for public enjoyment. In some areas of the SMNRA, wild
horse populations have increased to the point where riparian and spring
sites are affected; in other areas, forage is so limiting that animal
condition is poor. Proposed objectives, including Appropriate
Management Levels (AML's) are needed in order to provide direction for
management of habitat and populations, and for improvements such as
water development.
ARCHAEOLOGY--Many places in the AMNRA have been used by people
for thousands of years. Often, these people have left behind evidence
of their use of the land, including American Indian rock art and
[[Page 16599]] roasting pits, historic cabins and sawmills, and a
section of the Spanish Trail/Mormon Road. These artifacts and sites
offer us a glimpse of our history and culture, and provide a window on
the dynamics and use of the ecosystem. Proposed management direction is
needed to protect these resources while also allowing for appropriate
interpretation and enjoyment.
RECREATION AND ADMINISTRATIVE FACILITIES--All of the developed
recreation facilities in the SMNRA are located within the old
``Developed Canyons'' management area--15,500 acres in Kyle Canyon, Lee
Canyon, and Deer Creek. Most of the fire and administrative facilities
of the SMNRA are in these same canyons. In Cold Creek, heavy recreation
use occurs with very limited service, facilities, or management. Many
people have suggested dispersing recreation use and facilities over a
wider area; the Nevada Division of State Parks commissioned a 1991
study which identified suitable areas for cooperative development of
state park facilities. The Proposed Amendment includes determinations
of suitability for recreation development, as well as standards and
guidelines for development and management of recreation and
administrative facilities.
WILDLAND/URBAN INTERFACE--The SMNRA, and particularly the
developed canyons of the east slope, are heavily influenced by urban
development centered in Las Vegas. Four small communities are located
within the boundaries of the SMNRA, and further subdivision and
development on private land is likely. Semi-urban areas surrounded by
National Forest System lands often present such issues as fire
suppression and conflict with recreation users. Standards are proposed
to address fire prevention and suppression, scenic quality, water
quality degradation, and loss of wildlife habitat in and around the
wildland/urban interface.
SCENIC QUALITY--One of the principal resources of the SMNRA,
and one of the main reasons for its popularity, is the unique quality
of the area's scenery. Cliffs, towering ponderosa pines, ancient
bristlecones, meadows, and snow-covered peaks all form part of the
attraction of the Spring Mountains to visitors. proposed visual quality
objectives are needed in order to establish standards for management
activities which might affect scenic quality.
WILDERNESS MANAGEMENT--The 43,000 acre Mt. Charleston
Wilderness forms the core of the Spring Mountains National Recreation
Area, and includes the highest peaks in the range. The Wilderness also
includes most of the bristlecone pine forests, and many species of rare
plants and butterflies. Proposed standards and guidelines for
recreational use of Wilderness are needed to protect these fragile
resources.
RECREATION MANAGEMENT--In addition to camping and picnicking
at developed recreation sites, many people enjoy the SMNRA as a place
for sightseeing, horseback riding, mountain biking, off-highway vehicle
use, rock climbing, cave exploration, hiking, backpacking, cross-
country skiing, and group outings. As the population of southern Nevada
grows, these uses can cause damage to natural and cultural features,
and sometimes conflict a bit. Proposed standards are needed to provide
direction for management of these uses in a sustainable manner, within
the capacity of the land.
TRAILS--Of approximately 50 miles of designated trails in the
SMNRA, less than 7 miles are outside the Mt. Charleston Wilderness.
Trail riding opportunities for mountain bikes and off-highway vehicles
(which are excluded from the Wilderness), and for equestrians are
limited. The Spring Mountains offer a great deal of potentially
suitable terrain for multiple-use trails, including opportunities for
development of regional trail networks. Proposed goals and standards
for trail development are needed to suggest appropriate locations and
management for trails.
MONITORING AND RESEARCH--During preparation of the Analysis of
the Management Situation, the Forest Service recognized many fields in
which information to predict environmental effects is limited. As the
Spring Mountains receive unprecedented levels of use, how will
ecosystem health and function be affected? If we continue to suppress
fires, how will vegetation and wildlife habitat change? How is
increasing recreational use affecting historic and prehistoric sites?
Our inventories have often left us with more questions than they have
answered. The proposed program of monitoring and research is needed to
assess the impacts of the management courses we choose, and to permit
us to change course if needed.
LAND ACQUISITION AND DISPOSAL--The boundaries of the SMNRA
include 315,648 acres of national forest system land, and 7,171 acres
of private land. The Spring Mountains National Recreation Area Act
directs the Forest Service to prepare ``an inventory of all lands
within the Recreation Act not presently managed as National Forest
lands that will permit the Secretary to evaluate possible future
acquisitions.'' Land purchases and exchanges are carried out on an
equal value basis with willing buyers and sellers. Proposed direction
for land adjustment is needed to identify which private parcels are
suitable for acquisition, and which national forest parcels, if any,
are available for disposal.
FIRE MANAGEMENT--With increased subdivision and development of
private land within the SMNRA boundaries, management of wildfires
assumes importance beyond simply the protection of national forest
resources. At the same time, successful fire suppression can often lead
to dangerous buildups of fuels, and may result in unwanted changes in
vegetation and wildlife habitat. Proposed direction for fire
suppression, controlled burning, and fuel reduction is needed in order
to retain the historic role of fire in the ecosystem while protecting
lives, property, and natural resources.
PRIVATE AND COMMERCIAL DEVELOPMENTS--From time to time, the
Forest Service receives requests for private, commercial developments
or uses of national forest system land. These may include electronic
sites and public utilities, outfitter/guide uses, competitive trail
rides and other group activities, and even substantial commercial
developments. The Lee Canyon ski area, the electronic sites on Angel
Peak and Mt. Potosi, and several organizational camps are among the
most visible examples of such uses. Proposed standards for special uses
are needed to assist Forest Service managers in identifying which uses
are appropriate.
[[Page 16600]] The Forest Service prepared the proposed action as a
starting point for analysis and scoping. The proposed action is one way
to respond to the need for change--to the above amendment topics. The
Forest Service will use public comment on the proposal to identify
significant issues, and to develop to wide range of alternative
solutions to address these needs.
Preliminary Issues
Through initial scoping, the Forest Service has identified the
following issues relating to the effects of the proposed Forest Plan
amendment. These are preliminary issues--additional scoping and public
involvement will be used to refine and add to this list to develop a
complete understanding of all significant issues related to this
proposal.
--UNCERTAIN EFFECTS TO SENSITIVE SPECIES--For many rare species of
plants and animals, current research and inventories are not sufficient
to identify whether existing uses or alterations to the ecosystem pose
a threat to their existence. While we can sometimes identify
``biodiversity hotspots,'' we do not completely understand the critical
factors necessary to ensure their protection. Scientists and others are
concerned that introduced species (including wild horses and burros),
rock climbing, and proposed expansion of recreational facilities and
trails, especially in Kyle and Lee Canyons and the Wilderness, may
affect rare plants and animals in ways which we do not fully
understand.
--LIMITS TO RECREATIONAL USE--The proposal would limit some
opportunities for recreational use of the Spring Mountains. Proposed
restrictions on equestrian use above timberline, rock climbing in the
Wilderness, expansion of the ski area and other commercial
developments, closure of the Carpenter Canyon road, and restrictions on
development of recreation facilities are, in some peoples' minds,
contrary to the spirit of a national recreation area. Some people are
concerned that the proposed limits on recreational activities go too
far, unnecessarily restricting public use within adequate scientific
basis.
--WILD HORSES AND BURROS--The proposed amendment would set appropriate
management levels (AML's) for wild horses and burros. Some people are
concerned that the proposed AML's are unnecessarily low, and many
threaten the long-term survival of these species in southern Nevada by
reducing genetic diversity. This concern includes the cumulative
effects of other agencies' actions in managing wild horse and burro
herds.
--ELK AND OTHER WILDLIFE--The proposed amendment would set an AML for
elk, and restrict introduction of new non-native species and
augmentation of existing species. Some people believe that the proposed
restrictions on wildlife habitat management will restrict wildlife
populations far below levels that the ecosystem could support, and will
limit the ability of Nevadans to view and hunt game and non-game
wildlife.
--CONTROLLED BURNING--The proposed amendment would encourage controlled
burning in some areas of the Spring Mountains under certain specific
conditions. Some people are concerned that any deliberately set fires
could escape and pose a risk to life and property. This concern also
includes the effects of fire on vegetation, scenery, and wildlife.
Preliminary Alternatives
The Forest Service will evaluate a wide range of alternatives to
the proposed amendment to the Forest Plan, in response to issues
identified in the scoping process. The agency expects to consider at
least the following alternatives, which respond to preliminary issues
identified to date. As new issues are identified through public
involvement, new alternatives may be created, and existing alternatives
modified. Some of these preliminary alternatives may not be analyzed in
detail. The Responsible Official may select the original Proposed
Amendment or any of the alternatives to it as the final management plan
for the Spring Mountains National Recreation Area.
--Alternative A--Continue to manage the Spring Mountains National
Recreation Area under current management plans. Do not amend the Forest
Plan. This is the ``no action'' alternative.
--Alternative B--Maximize protection of natural resources, heritage
resources, and ecosystem health. When in doubt over effects, choose
standards which will involve the least risk to rare species, natural
ecological processes, and heritage resource sites, even if this
involves closing many areas or activities to recreational use. Favor
native species and natural processes, but use prescribed fire to mimic
historic fire regime. Provide for little or no expansion of recreation
opportunities. Close the Spring Mountains Wild Horse Territory, and
place the horses for adoption or remove them to other territories.
--Alternative C--Within the capacity of the ecosystem, maximize
opportunities for recreation (both developed and undeveloped) and
customer service, including trails. roads, campgrounds, and other
facilities. This alternative would still provide basic protection for
threatened and endangered species, and would not permit activities
which endanger the long-term health of the ecosystem. However, public
uses would not be prohibited or restricted without hard scientific
evidence that they are harmful.
--Alternative D--Maintain the same balance of protection and
development as the Proposed Amendment, but provide for the maximum
sustainable populations of wild horses and burros consistent with
maintaining ecosystem health. Provide for water development and other
habitat improvements, and favor wild horses over elk, other wildlife,
and recreation development.
--Alternative E--Maintain the same balance of protection and
development as the Proposed Amendment, but provide for the maximum
sustainable diversity and productivity of wildlife habitat, especially
for game animals, consistent with maintaining ecosystem health.
Encourage introduction of new species which show the potential to
naturalize, as appropriate. Provide for water development and other
habitat improvements, and favor wildlife over wild horses and
recreation development.
--Alternative F--Maintain the same balance of protection and
development as the Proposed Amendment, but do not use controlled burns
or allow natural fires to burn. Suppress all wildfires aggressively,
and use only vegetative treatments to minimize risk to property from
fire.
Public Comments on the Draft EIS
After the Draft Environmental Impact Statement has been published,
the Forest Service will again be actively seeking information, comments
and assistance from Federal, State and local agencies and from
individuals and organizations who may be interested in or affected by
the proposed action. It is very important that those interested in this
proposed action participate at that time.
The DEIS and draft Forest Plan amendment should be available for
public review by about November, 1995. [[Page 16601]] After a comment
period of 90 days, the Final Environmental Impact Statement and Forest
Plan amendment should be completed by September, 1996.
The comment period on the Draft Environmental Impact Statement will
extend 90 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 (1973). 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 90 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.
Dated: March 17, 1995.
R.M. ``Jim'' Nelson,
Forest Supervisor.
[FR Doc. 95-7886 Filed 3-30-95; 8:45 am]
BILLING CODE 3410-11-M
