[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18319]
[Federal Register: July 28, 1994]
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DEPARTMENT OF AGRICULTURE
Forest Service
Sensitive Plant Program; Eldorado National Forest, CA
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The Eldorado National Forest proposes to refine existing
sensitive plant direction in order to provide greater specificity,
promote program effectiveness, and improve the efficiency in which
Eldorado National Forest programs and activities are reviewed through
the biological evaluation process as required under FSM Sec. 2670.32.
The Forest Service will prepare an environment impact statement
(EIS) to consider the ramifications of implementing species-specific
standards and guidelines for the sensitive plant species found on the
Eldorado National Forest. The decision may include the following: an
amendment to the Eldorado National Forest Land and Resource Management
Plan and/or the delisting of one or more species as sensitive. The
agency invites written comments and suggestions on the scope of the
analysis. The agency also gives notice of the full environmental
analysis and decision-making process that will occur on the proposal so
that interested ad affected people are aware of how they may
participate and contribute to the final decision.
DATES: Comments concerning the scope of the analysis must be received
by September 1, 1994. The public is invited to provide information
concerning the scope of the analysis at a meeting to be held on August
24, 1994, beginning at 1 p.m.
ADDRESSES: Submit written comments and suggestions concerning the scope
of the analysis to John Phipps, Forest Supervisor, 100 Forni Road,
Placerville, CA 95667. The meeting will be held at the Eldorado
National Forest Supervisor's Office located at 100 Forni Road,
Placerville, CA 95667.
FOR FURTHER INFORMATION CONTACT:
Questions about the proposed action and EIS should be directed to Mike
Foster, Forest Botanist, 100 Forni Road, Placerville, CA 95667.
SUPPLEMENTARY INFORMATION: USDA regulations (9500-4), Forest Service
policy, and the Eldorado National Forest Land and Resource Management
Plan (1989) require that the Eldorado National Forest maintain the
viability of sensitive plant species. Direction is provided (FSM
2670.22) to ``develop and implement management practices to ensure that
species do not become threatened or endangered because of Forest
Service actions.'' Additional policy includes (FSM 2670.32):
Establish management objectives in cooperation with the States
when projects on National Forest System lands may have significant
effect on sensitive species population numbers or distributions.
Establish objectives for Federal Candidate species, in cooperation
with FWS or NMFS and the States.
When the Eldorado National Forest Land and Resource Management Plan
was approved, little was known about the habitat requirements of the
ten sensitive plant species thought to occur on the Forest. General
Direction in the Eldorado National Forest Land and Resource Management
Plan was limited to the following (p.4-91):
Provide for protection and habitat needs of sensitive plants so
that Forest activities will not jeopardize the continued existence
of such species.
One Standard/Guideline applies:
Participate in the implementation of approved species recovery
plans and Species Management Guides as specified for the Eldorado.
Since that time, a considerable amount of information has been
gathered about the habitat requirements of the eight species documented
to occur on the Forest. The Forest now has sufficient information on
the range, distribution, and status of six of these species to enable
the development of species-specific conservation strategies. The
species to be considered are: Calochortus clavatus var. avius (Pleasant
Valley mariposa lily), Draba asterophora var. macrocarpa (Cup Lake
draba), Lewisia longipetala (long-petaled lewisia), Lewisia serrata
(saw-toothed lewisia), Navarretia prolifera ssp. lutea (yellow-bur
navarretia), Phacelia stebbinsii (Stebbins' phacelia), Silene invisa
(short-petaled campion), and Arctostaphylos nissenana (Nissenan
manzanita).
There are no known permits or licenses required to implement the
proposed action.
Preliminary issues identified during internal scoping include:
1. How will current and future habitat options for sensitive plant
species be managed to address Forest Service requirements (CFR 219.19)
to maintain viability?
2. What will be the economic consequences of implementing
mitigation measures for sensitive plant species?
3. Should plants species that are managed under the provisions of
conservation agreements and/or standards and guidelines still be listed
as sensitive?
4. How will fuel conditions that have a high probability of
contributing to catastrophic fire behavior be affected by sensitive
plant management practices?
5. Will other land uses be constrained or altered?
6. Will species-specific standards and guidelines improve the
efficiency of Forest project planning and implementation?
7. Will the efficiency and effectiveness of the Forest sensitive
plant program improve?
Based on the preliminary issues listed above and other issues that
may be developed, the Forest Service will identify and consider a range
of alternatives for managing sensitive plant species. These
alternatives will include a no action alternative (continuing with
existing Eldorado National Forest Land and Resource Management Plan
direction). Other alternatives to consider may include implementation
of species-specific standards and guidelines and/or delisting one or
more of the species under consideration. These preliminary alternatives
may be revised before the draft EIS is issued as new information is
developed or new comments are received:
Public participation will be especially important at several points
during the analysis. The first point is during the scoping process (40
CFR 1501.7).
The Forest Service will be seeking information, comments, and
assistance from federal, state, and local agencies and other
individuals or organizations who may be interested in or affected by
the proposed project. This input will be used in preparation of the
draft EIS. The scoping process includes:
1. Defining the scope of the analysis and nature of the decision to
be made.
2. Identifying the issues and determining the significant issues
for consideration and analysis within the EIS.
3. Defining the proper interdisciplinary team make-up.
4. Determining the effective use of time and money in conducting
the analysis.
5. Identifying potential environmental, technical, and social
impacts of the EIS and alternatives.
6. Determining potential cooperating agencies.
7. Identifying groups or individuals interested or affected by the
decision.
John Phipps, Forest Supervisor, Eldorado National Forest, is the
responsible official.
The draft EIS is expected to be filed with the Environmental
Protection Agency (EPA) and to be available for public review in
September 1994. At that time, EPA will publish a notice of availability
of the draft EIS in the Federal Register. The comment period on the
draft EIS will be 45 days from the date that EPA's notice of
availability appears 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 reviewers'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.
After the comment period ends on the draft EIS, the comments will
be analyzed and considered by the Forest Service in preparing the final
EIS. The final EIS is scheduled to be completed by January 1994. In the
final EIS the Forest Service is required to respond to the comments and
responses received (40 CFR 1503.4). The responsible official will
consider the comments, responses, and environmental consequences
discussed in the draft EIS; and applicable laws, regulations, and
policies in making a decision regarding this project. If a decision is
made to amend the Land and Resource Management Plan, the responsible
official will document the decision and reasons for the decision in the
Record of Decision. That decision will be subject to appeal pursuant to
36 CFR part 215.
Dated: July 21, 1994.
Rex Baumback,
Acting Forest Supervisor, Eldorado National Forest.
[FR Doc. 94-18319 Filed 7-27-94; 8:45 am]
BILLING CODE 3410-11-M
