Supplement to the Draft Environmental Impact Statement for the

From: GPO_OnLine_USDA
Date: 2002/07/16


[Federal Register: July 16, 2002 (Volume 67, Number 136)]
[Notices]
[Page 46630]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy02-40]

[[Page 46630]]

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DEPARTMENT OF AGRICULTURE

Forest Service

Supplement to the Draft Environmental Impact Statement for the
Drew Creek, Diamond Rock and Divide Cattle Allotments, Tiller Ranger
District, Umpqua National Forest, Douglas County, OR

AGENCY: Forest Service, USDA

ACTION: Notice of intent to supplement a draft environmental impact
statement.

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SUMMARY: The USDA Forest Service will prepare a Supplement to the Draft
Environmental Impact Statement (EIS) for the Drew Creek, Diamond Rock
and Divide Cattle Allotments. The draft EIS for the Drew Creek, Diamond
Rock and Divide Cattle Allotments was released by former Forest
Supervisor Don Ostby in May 2001 (Notice of Availability, May 25,
2001). Based on comments received on the draft EIS, Forest Supervisor
James H. Caplan decided to prepare a supplement pursuant to 40 CFR
1502.9(c)(1)(ii). This supplement will provide additional information,
as well as another alternative, to the existing analysis.

ADDRESSES: Send written comments and suggestions concerning the scope
of this supplement to Jill A. Dufour, District Range, Tiller Ranger
District, 27812 Tiller-Trail Highway, Tiller, Oregon 97484.

FOR FURTHER INFORMATION CONTACT: Wes Yamamoto, Resource Assistant,
Tiller Ranger District, 27812 Tiller-Trail Highway, Tiller, Oregon
97484, or (541) 825-3201.

RESPONSIBLE OFFICIAL: Forest Supervisor James A. Caplan is the
responsible official for this EIS. Mr. Caplan may be contacted at
Umpqua National Forest, P.O. Box 1008, Roseburg, OR 97470.

SUPPLEMENTARY INFORMATION: The purpose of the supplement is to provide
an additional alternative, which was submitted by the South Umpqua
Grazing Association. It also will provide additional information on the
social and economic environments that would be affected by the
proposal. The supplement will be prepared and circulated in the same
manner as the draft EIS (40 CFR 1502.9). Comments received on the
supplement will be considered in the preparation of the Final
Environmental Impact Statement (FEIS). The supplement to the draft EIS
is expected to be available for public review and comment in August
2002. The comment period on the supplement will be 45 days from the
date the Environmental Protection Agency's notice of availability
appears in the Federal Register.
    The Forest Service believes it is important to give reviewers
notice of several court rulings related to public participation in the
environmental review process. First, reviewers of supplemental draft
EIS 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 objection that
could be raised at the draft EIS stage, but are not raised until the
completion of the final EIS, may be waived or dismissed by the courts.
City of Angoon v. Hodel, 803 F. 2d 1016, 1002 (9th Cir, 1986), and
Wisconsin Heritages, Inc. v. Harris, 490 F. Sup. 1334, 1338 (E.D. Wis.
1980). Because of these court rulings, it is important that those
interested in this proposed action participate by the close of the 45-
day comment period so 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 EIS.
    To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the supplemental draft
EIS should be as specific as possible. It is also helpful if comments
refer to specific pages or chapters of the supplemental draft EIS.
Comments may also address the adequacy of the supplemental draft EIS or
the merits of the alternatives formulated and discussed in the
statement. (Reviewers may wish to refer to the Council of Environmental
Quality Regulations for implementing the procedural provisions of the
National Environmental Policy Act at 40 CFR 1503.3 in addressing these
points.)
    In the final EIS, the Forest Service is required to respond to
substantive comments and responses received during the comment period
that pertain to the environmental consequences discussed in the
supplemental draft EIS, as well as applicable laws, regulations and
policies considered, in making a decision regarding the proposal. The
final EIS is scheduled to be completed in November 2002. The
Responsible Official is James A. Caplan, Forest Supervisor for the
Umpqua National Forest. The Responsible Official will document the
decision and rationale for the decision in the Record of Decision. That
decision is subject to appeal under 36 CFR Part 215.

    Dated: July 2, 2002.
James A. Caplan,
Forest Supervisor, Umpqua National Forest.
[FR Doc. 02-17789 Filed 7-15-02; 8:45 am]
BILLING CODE 3410-11-M



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