[Federal Register: December 3, 2001 (Volume 66, Number 232)]
[Notices]               
[Page 60180-60181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de01-21]                         

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DEPARTMENT OF AGRICULTURE

Forest Service

 
North End Sheep Allotment Range Analysis, Caribou-Targhee 
National Forest, Caribou and Bonneville Counties, ID

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: The Soda Springs Ranger District, Caribou-Targhee National 
Forest, will be preparing an Environmental Impact Statement (EIS) to 
analyze the effects to grazing on several sheep allotments. Allotment 
Management Plans for the following sheep allotments; Bald Mountain, 
Barnes Creek, Black Canyon, Bridge Creek, Comb Creek, Deep Creek, Eagle 
Creek-Morgan Meadow, Hell Creek, Keenan City, Little Elk Mountain, 
Miners Delight, Pole Creek, Spring Creek, Squaw Creek, Taylor Creek, 
West Jensen and Wolverine-Kirk will be updated based on the analysis. 
All of these allotments are located on the North end of the Caribou 
Range in Townships 2-5 South, Ranges 43-46 East, Boise Meridian, within 
Caribou and Bonneville Counties. An EIS will be prepared to display the 
effects of sheep grazing on these allotments. Public comments will be 
used to develop issues and alternative management systems. The purpose 
for this project is to assess current conditions on the allotments and 
ensure that riparian and upland vegetation are meeting Forest Plan 
objectives and other applicable laws and regulations. The EIS will 
outline standards and guidelines for livestock management, which will 
be used to revise Allotment Management Plans for each allotment. The 
EIS and subsequent revision of the Allotment Management Plans will 
bring these allotments into compliance with Public Law 104, the Caribou 
National Forest Land and Resource Management Plan, and other applicable 
laws and regulations. The decision to be made by the District Ranger is 
what changes need to be made for future livestock management within the 
boundaries of these allotments.

DATES: Written comments concerning the analysis should be received 
within 30 days of the date of publication of this notice in the Federal 
Register.

ADDRESSES: Send written comments to Soda Springs Ranger District, Attn: 
David Whittekiend, 421 West 2nd South, Soda Springs, Idaho 83276. The 
responsible official for this decision is David Whittekiend, District 
Ranger.

FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed 
action and EIS should be directed to Derek Hinckley, Range Management 
Specialist, at (208) 547-4356.

SUPPLEMENTARY INFORMATION: The EIS and subsequent revision of the 
Allotment Management Plans will bring these allotments into compliance 
with Public Law 104, the Caribou National Forest Land and Resource 
Management Plan, and other applicable laws and regulations.
    Initial scoping and issue development identified the following 
tentative issues: riparian/fisheries, wildlife, vegetation and 
watershed/soils.
    The Forest Service has previously scoped this project in February 
of 2001. If you have already commented, your comments are part of the 
record and will be considered in determining issues, and alternatives. 
The Forest Service invites written comments and suggestions on the 
issues related to the proposal and the area being analyzed. Information 
received will be used in preparation of the Draft EIS and Final EIS. 
For most effective use, comments should be submitted to the Forest 
Service within 30 days from the date of publication of this Notice in 
the Federal Register.
    Agency representatives and other interested people are invited to 
visit with Forest Service officials at any time during the EIS process. 
Two specific time periods are identified for the receipt of formal 
comments on the analysis. The two comment periods are, (1) during the 
scoping process, the next 30 days following publication of this Notice 
in the Federal Register, and (2) during the formal review period of the 
Draft EIS.
    The Draft EIS is estimated to be filed with the Environmental 
Protection Agency (EPA) and available for public review in August of 
2002. At that time,

[[Page 60181]]

the EPA will publish an availability notice of the Draft EIS in the 
Federal Register.
    The Forest Service estimates the Draft EIS will be filed within 10 
months of this Notice of Intent, approximately August of 2002. The 
Final EIS will be filed within 6 months of that date, approximately 
December of 2002.
    The comment period on the draft environmental impact statement 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 
intentions.
    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. Court 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 environmental impact 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 in response to this solicitation, including names 
and addresses of those who comment, will be considered part of the 
public record on this proposed action and will be available for public 
inspection. Comments submitted anonymously will be accepted and 
considered: however, those who submit anonymous comments will not have 
standing to appeal the subsequent decision under 36 CFR parts 215 or 
217. Additionally, pursuant to 7 CFR 1.27(d), any person may request 
the agency to withhold a submission from the public record by showing 
how the Freedom of Information Act (FOIA) permits such confidentiality. 
Persons requesting such confidentiality should be aware that under the 
FOIA, confidentiality may be granted in only very limited circumstances 
such as to protect trade secrets. The Forest Service will inform the 
requester of the agency's decision regarding the request for 
confidentiality, and where the request is denied, the agency will 
return the submission and notify the requester that the comments may be 
resubmitted with or without name and address within 10 days.

    Dated: November 26, 2001.
David C. Whittekiend,
Soda Springs Ranger District.
[FR Doc. 01-29836 Filed 11-30-01; 8:45 am]
BILLING CODE 3410-11-M