[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Notices]
[Page 35782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17276]
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DEPARTMENT OF AGRICULTURE
Forest Service
Record of Decision for Revision of Black Hills National Forest
Land and Resource Management Plan (Forest Plan); Black Hills National
Forest; Custer, Fall River, Meade, Lawrence, Pennington Counties, SD;
Crook and Weston Counties, WY
AGENCY: Forest Service, USDA.
ACTION: Notice of decision.
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SUMMARY: On June 24, 1997, Elizabeth Estill, Regional Forester, Rocky
Mountain Region, signed a Record of Decision (ROD) for the Revised
Forest Land and Resource Management Plan for the Black Hills National
Forest. This decision rescinds the March 13, 1997 decision revising the
Plan because of a problem with an incomplete record. After receiving
the full record, and after further consideration, the earlier decision
is reissued unchanged. While the new decision makes no substantive
change to the prior decision, it does have consequences. The new
decision restarts the administrative appeal clock and also the
effective date of the Revised Forest Plan.
EFFECTIVE DATE: This decision is effective August 1, 1997 (NFMA, 16 USC
1604(J)). A legal notice is also being published in the Denver Post,
Denver, Colorado.
FOR FURTHER INFORMATION CONTACT: John Rupe, Forest Planning Team
Leader, 605-673-2251.
SUPPLEMENTARY INFORMATION: On May 28, interested organizations which
participated in the public scoping process for the Revision, issued a
request to the Chief of the Forest Service to vacate the March 13
Record of Decision (ROD), based, in part, on issues connected to the
availability and finalization of the analysis of the public comment
record prior to issuance of the decision.
The March 13 ROD discussing public involvement stated: ``Individual
responses to each comment have been prepared and are available upon
request.'' When commentors sought copies of these individual responses,
the Forest staff discovered that computer software malfunctions had
occurred leaving the database incomplete. Upon further investigation,
it was discovered that some of the promised individual responses had
not even been prepared when the earlier ROD was signed. Upon discovery
of the situation, the Regional Forester directed the Forest Supervisor
to complete the record and resubmit it for review. The Forest
Supervisor submitted the complete record for the Regional Forester's
review on June 13.
The following explains the public involvement process to put this
decision in context. The Forest Service received approximately 5,400
comments on the Draft Revised Plan and Draft Environmental Impact
Statement (DEIS). The comments were reviewed individually and
individual responses were to be prepared for the record. However, the
Forest Supervisor chose not to include the individual responses to each
comment in the Final Environmental Impact Statement (FEIS). For public
disclosure with the FEIS, comments were grouped into subject matter
areas along with Forest Service responses to the broader concerns which
were expressed.
This evaluation of the public comment was included in Appendix A to
the FEIS. This Appendix explained how public comments were evaluated
and responses were prepared in accordance to 40 CFR 1503.4(a). The only
type of comment which was not fully addressed prior to the March 13
decision was the type that the Forest Service concluded ``do not
warrant further agency response'' under the regulations. The
regulations do require that the agency explain why it has concluded
that the comments don't warrant further agency response. This step had
not been completed for all comments when the earlier ROD was signed.
This final step has now been completed.
As a result of an additional interdisciplinary team review, the
Forest Supervisor concluded that all comments in the database were
addressed in the FEIS or ROD, and recommended to the Regional Forester
that individual responses to public comment should not affect the
disposition of the March 13 decision.
After reviewing the record, the Regional Forester has concurred
with the findings of the Forest Supervisor. Moreover, the Regional
Forester has determined that the findings of the review reaffirm the
March 13 decision in its entirety.
Following are the specific features of the decision:
--It incorporates the March 13 decision in its entirety, including all
rationale, elements, findings and implementation schedules.
--To date, the Forest Supervisor has implemented the revised Forest
Plan through the issuance of nine project decisions. All decisions are
currently in respective appeal periods and subject to administrative
appeal under 36 CFR 217.10(c). None of these actions would be
implemented before the effective implementation date of this decision.
Moreover, the decision results in no changes or alternations in the
Revised Plan or supporting FEIS. Therefore, the Regional Forester has
determined that no adjustments or stays of these nine project level
analyses or decisions will occur as a part of this action.
--There are an additional six projects with decisions pending. These or
any other new decisions issued under the Revised Plan will not be
implemented until thirty days from this notice.
The effective implementation date for this decision will occur 30
days from this notice. A legal notice is also being published in the
Denver Post, Denver, Colorado.
This decision is subject to administrative review pursuant to 36
CFR 217. Any appeal of this decision must be fully consistent with 36
CFR 217.9 and be filed in duplicate with the Chief, USDA--Forest
Service, P.O. Box 96090, NFS, 3NW, Appeals Office, Washington, DC
29909-6090. The appeal must be filed within 90 days from the date this
decision is published in the Denver Post. Anyone concerned about the
decision is urged to contact the Forest Supervisor before submitting an
appeal. It may be possible to resolve the concern in a less formal way.
Dated: June 26, 1997.
Joe L. Meade,
Acting Deputy Regional Forester.
[FR Doc. 97-17276 Filed 7-1-97; 8:45 am]
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