[Federal Register Volume 62, Number 59 (Thursday, March 27, 1997)]
[Notices]
[Pages 14666-14667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7773]


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DEPARTMENT OF AGRICULTURE
Forest Service


Changes in Mammoth Creek Minimum Streamflow Requirements and 
Point of Measurement, and Changes in Place of Use

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Forest Service, Department of Agriculture, will prepare an 
environmental impact statement (EIS) for the proposed amendment to the 
existing Master Operating Agreement establishing minimum streamflow 
requirements for Mammoth Creek, and Point of Measurement. The Forest 
Service, Inyo National Forest, Mono County, California, is acting as 
joint lead agency on the project, together with the

[[Page 14667]]

Mammoth Community Water District (District). Under the California 
Environmental Quality Act, the District must conduct its own 
environmental assessment, and has determined that an Environmental 
Impact Report (EIR) is required. In accordance with Federal and State 
regulations, a joint EIR/RIS will be prepared. The agency gives notice 
of the environmental analysis and decision making processes that will 
occur on the proposal so that interested and affected people are aware 
of how they may participate and contribute to the final decision.

DATES: Comments regarding the scope of the analysis must be received by 
April 30, 1997.

ADDRESSES: Submit written comments and suggestions concerning the 
proposed action to the responsible official, Dennis Martin, Forest 
Supervisor, Inyo National Forest, 873 North Main Street, Bishop, 
California 93154, Attn. MCWD EIR/EIS.

FOR FURTHER INFORMATION CONTACT: Direct questions about this 
environmental impact statement to Thom Heller, Special Use Permit 
Administrator, Inyo National Forest, P.O. Box 148, Mammoth Lakes, 
California 93546, or telephone (619) 924-5513.

SUPPLEMENTARY INFORMATION: The proposed action consists of two specific 
components: 1) a change in the minimum streamflow requirements for 
Mammoth Creek and the point of measurement, and 2) a change in the 
District's authorized Place of Use (POU) for Mammoth Creek water. The 
change in minimum streamflow requirements and point of measurement 
result in both state and federal actions that require CEQA and NEPA 
documentation. Although addressed in the joint EIR/EIS, the change in 
the POU is a state action only, and not subject to NEPA. Three 
alternatives are currently being considered: changing the minimum 
streamflow requirements to the schedule shown on Table 2 (Proposed 
action); changing the minimum streamflow requirements to an 
alternative, three-flow schedule; and not changing the minimum 
streamflow requirements (no action).
    Public participation will be specially important at several points 
during the analysis. The first point is the scoping process (40 CFR 
1501.7). The Forest Service has and is 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 action. This input will be used in preparation of the 
draft EIR/EIS. The scoping process includes:
    1. Identifying potential issues.
    2. Identifying issues to be analyzed in depth
    3. Eliminating insignificant issues or those which have been 
covered by a relevant previous environmental analysis.
    4. Exploring additional alternatives.
    5. Identifying potential environmental effects of the proposed 
action and alternatives (e.g., direct, indirect, and cumulative effects 
and connected actions).
    6. Determining potential cooperating agencies and task assignments.
    Mailings to individuals and agencies that participate in the above 
planning efforts will provide them with information about the proposed 
project. Public meetings, if held, will be announced locally. Federal, 
State, and local agencies, user groups and other organizations who 
would be interested in the study will be invited to participate in 
scoping the issues that should be considered.
    The draft EIR/EIS is scheduled to be completed by September, 1997. 
The comment period on this draft EIR/EIS will be 45 days from the date 
the Environmental Protection Agency's notice of availability appears in 
the Federal Register. It is very important that those interested in the 
proposed action participate at that time.
    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 proposed action 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 (1978). Also, environmental objections that could be raised at the 
draft EIR/EIS stage but that are not raised until after completion of 
the final EIR/EIS 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 EIR/EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIR/EIS 
should be as specific as possible. It is also helpful if comments refer 
to specific pages or chapters of the draft document. Comments may also 
address the adequacy of the draft EIR/EIS or the merits of the 
alternatives formulated and discussed in the document. 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 EIR/EIS, the comments 
will be analyzed and considered by the Forest Service in preparing the 
final EIR/EIS, which is expected to be completed by December, 1997. The 
Forest Service is required to respond in the final EIS to the comments 
received (40 CFR 1503.4). The responsible official will consider the 
comments, responses, and environmental consequences discussed in the 
final EIS and applicable laws, regulations, and policies in making his 
decision on the proposal.
    The decision will either be approval of the proposed action as 
submitted, approval of the proposed action as modified, or denial of 
the proposed action (No. Action). If the proposal is approved, the 
existing Memorandum of Agreement would be modified and the revised 
minimum flow requirements for Mammoth Creek would be approved. The 
responsible official will document the decision and rationale in the 
Record of Decision. The decision will be subject to appeal under 36 CFR 
215 or regulations applicable at the time of the decision.

    Dated: March 21, 1997.
Dennis W. Martin,
Forest Supervisor.
[FR Doc. 97-7773 Filed 3-26-97; 8:45 am]
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