[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Notices]
[Pages 3442-3443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1035]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 /
Notices
[[Page 3442]]
DEPARTMENT OF AGRICULTURE
Forest Service
Tahoe National Forest, California, Tahoe National Forest
Motorized Travel Management Supplemental Draft EIS
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare a supplemental draft environmental
impact statement.
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SUMMARY: The Tahoe National Forest (TNF) will prepare a supplemental
draft environmental impact statement to disclose the impacts associated
with the following proposed actions:
1. Prohibition of Cross Country Travel: The prohibition of wheeled
motor vehicle travel off designated National Forest Transportation
System (NFTS) roads, NFTS motorized trails, and areas by the public
except as allowed by permit or other authorization.
2. Additions to the NFTS: The addition of unauthorized routes as
roads and trails to the NFTS by vehicle class and season of use.
3. Establishment of Motorized ``Open Areas'': The establishment of
motorized ``Open Areas'' by vehicle class and season of use.
4. Changes to the NFTS: Changes to the NFTS including Vehicle
Class, Season of Use and/Reopening Maintenance Level 1 roads.
5. Amendments to the Forest Plan: The amendment of The Tahoe
National Forest Land and Resource Management Plan to remove the
November 1 to May 1 seasonal closure in the Sugar Pine area (Management
Area 84 Humbug Sailor) on key winter deer range to improve motorized
recreation opportunities.
DATES: Scoping is not required for supplemental draft environmental
statements (40 CFR 1502.9(c)(4)). There was extensive public
involvement in the development of the proposed action as published in
the Federal Register April 11, 2007 and the Forest Service is not
inviting additional comments at this time.
FOR FURTHER INFORMATION CONTACT: David Arrasmith, Tahoe National
Forest, 631 Coyote Street, Nevada City, California 95959. Phone: (530)
478-6220. E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
On April 11, 2007, the Forest Service published the ``Proposed
Action and Notice of Intent to Prepare an Environmental Impact
Statement'' (Federal Register Vol. 72/No. 69). The public comment
period began on April 11, 2007, and ended May 14, 2007. Over 3,500
comments were received.
On October 3, 2008 the Forest Service published the ``Notice of
Availability'' for the Tahoe National Forest Motorized Travel
Management Draft EIS (Federal Register Vol. 73/No. 193). A two-month
comment period was initially announced, and was expanded for an
additional month based on public and elected official requests for a
total of three months. The comment period ended December 26, 2008, but
comments were accepted through December 29 due to a Presidential
Proclamation to close the office on Friday, December 26. Over 7,000
letters, emails, map packets and other supporting materials were
received.
In response to public comments received on the Draft Travel
Management EIS (DEIS) the TNF undertook a comprehensive review of its
existing NFTS. This review was done to respond to concerns expressed by
the public during the comment period on the DEIS. Based on this review,
the following corrections were made to the NFTS motorized recreation
opportunities.
Summary of NFTS Mileage Before and After Corrections
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Class of vehicle DEIS mileage SDEIS mileage Change
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Roads open to highway legal vehicles only....................... 629.3 616.7 -12.6
Roads Open to all vehicles...................................... 1,845.2 1,450.9 -394.3
Trails open to high clearance trail vehicles only............... 161.5 133.8 -27.7
Trails open to ATV's and motorcycles only....................... 16.8 25.5 +8.7
Trails open to motorcycles only................................. 147.6 168.8 +21.2
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Total....................................................... 2,800.4 2,395.7 -404.7
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The Forest Supervisor reviewed this information and, based on the
interdisciplinary team's recommendation, determined the preparation of
a supplemental DEIS was warranted so that the public has an opportunity
to review the proposed action and alternatives in light of the
corrections that have been made since the DEIS was circulated. These
corrections will be incorporated into all of the alternatives in the
Supplemental DEIS.
Purpose and Need for Action
The purpose and need for this project was previously described in
the Notice of Intent published in the Federal Register Vol. 72/No. 69/
Wednesday April 11, 2007. See the Notice of Intent for further details.
Proposed Action
The proposed action was previously identified in the Notice of
Intent published in the Federal Register Vol. 72/No. 69/Wednesday April
11, 2007. See the Notice of Intent for further details.
[[Page 3443]]
Responsible Official
Tom Quinn, Forest Supervisor, Tahoe National Forest, 631 Coyote
Street, Nevada City, California 95959.
Nature of Decision To Be Made
The responsible official will decide whether to adopt and implement
the proposed action, an alternative to the proposed action, or take no
action to make changes to the existing Tahoe National Forest
Transportation System and prohibit cross country wheeled motorized
vehicle travel by the public off the designated system.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review
The Supplemental Draft Environmental Impact Statement (SDEIS) is
expected to be filed with the Environmental Protection Agency (EPA) and
to be available for public review during February 2010. EPA will
publish a notice of availability of the SDEIS in the Federal Register.
The comment period on the SDEIS will extend 45 days from the date the
EPA notice appears in the Federal Register. At that time, copies of the
SDEIS will be distributed to interested and affected agencies,
organizations, and members of the public for their review and comment.
It is very important that those interested in the management of the
Tahoe National Forest participate at that time.
The Final EIS is scheduled to be completed in June 2010. In the
Final EIS, the Forest Service is required to respond to substantive
comments received during the comment period that pertain to the
environmental consequences discussed in the SDEIS and applicable laws,
regulations, and policies considered in making the decision.
Substantive comments are defined as ``comments within the scope of the
proposed action, specific to the proposed action, and have a direct
relationship to the proposed action, and include supporting reasons for
the responsible official to consider'' (36 CFR 215.2). Submission of
substantive comments is a prerequisite for eligibility to appeal under
the 36 CFR part 215 regulations. 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 an SDEIS 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 objections that could be raised at the
SDEIS 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 SDEIS should be as
specific as possible. It is also helpful if comments refer to specific
pages or chapters of the SDEIS. Comments may also address the adequacy
of the SDEIS 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, including the names and addresses of those who
comment, will be considered part of the public record on this proposal
and will be available for public inspection.
(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21).
Dated: January 13, 2010.
Tom Quinn,
Forest Supervisor.
[FR Doc. 2010-1035 Filed 1-20-10; 8:45 am]
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