[Federal Register Volume 66, Number 103 (Tuesday, May 29, 2001)]
[Notices]
[Pages 29078-29079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13374]


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DEPARTMENT OF AGRICULTURE

Forest Service


Suction Dredging Activities; Siskiyou National Forest, Josephine, 
Coos, and Curry County, OR; Del Norte County, CA

AGENCY: Forest Service, USDA.

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

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SUMMARY: The USDA, Forest Service (UFS), Siskiyou Forest National 
Forest, will prepare an Environmental Impact Statement (EIS). The 
purpose of the EIS is to summarize and disclose the environmental 
effects of a Proposed Action to approve proposed Plans of Operation for 
suction dredging within Riparian Reserves on mining claims located 
across the Siskiyou National Forest.
    The Proposed Action is designed to be consistent with the Siskiyou 
National Forest Land and Resource Management Plan (1989), as amended by 
the Record of Decision for the Northwest Forest Plan (1994), and is 
scheduled for implementation during Calendar Year 2002.
    Among several requirements, the 1994 Northwest Forest Plan Standard 
and Guideline MM-1 required that all minerals operations within 
Riparian Reserves must have an approved Plan of Operation. 
Additionally, a 1999 lawsuit ruling re-affirmed that the Siskiyou 
National Forest must implement the Northwest Forest Plan Standard and 
Guideline MM-1. The Siskiyou National Forest invites you to submit 
written issues with the Proposed Action. In addition, written issues 
will be solicited during public scoping efforts. The forest will also 
give notice of the full environmental analysis and decision making 
process so that interested and affected people are made aware as to how 
they may participate and contribute to the final decision.

DATES: Issues concerning the Proposed Action must be received by June 
29, 2001.

ADDRESSES: Submit written issues regarding the Proposed Action to Jack 
Williams, Forest Supervisor, Siskiyou National Forest, 333 W. 8th 
Street, P.O. Box 520, Medford Oregon 97501.

FOR FURTHER INFORMATION CONTACT: Direct questions about the Proposed 
Action and EIS to Roger Mendenhall, Interdisciplinary Team Leader, 
Siskiyou National Forest, 200 N.E. Greenfield, P.O. Box 440, Grants 
Pass, Oregon 97526-0242; phone # 541-471-6500.

SUPPLEMENTARY INFORMATION: The Plans of Operation for suction dredging 
would occur within all of the major watersheds of Siskiyou National 
Forest.
    The Forest Service will consider submitted issues to the Proposed 
Action in determining the kinds and depths of analysis needed. They may 
also be used to develop additional alternatives to the Proposed Action 
that would respond to significant issues. The no-action alternative, 
not approving the Plans of Operation, will also be considered.
    Public participation will be important at several times during the 
analysis. The first time is during scoping. 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 1501.7. The Agency will be seeking written issues with the 
Proposed Action from Federal, State, and local agencies, affected 
Indian tribes, and individuals who may be interested in or affected by 
the Proposal.
    The Draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and be available for review by July 2001. The 
comment period for the Draft EIS will be 45 days from the date that the 
EPA publishes the Notice of Availability in the Federal Register.
    Submissions received in response to this notice, 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 part 215. 
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. 
Person requesting such confidentiality should be aware that, under the 
FOIA, confidentially may be granted in only very limited circumstances, 
such as to protect trade secrets. The Forest Service will inform the 
request of the agency's decision regarding the request for 
confidentiality, and where the request is denied, he agency will return 
the submission and notify the requester that the comments may be 
resubmitted with or without name and address within a specified number 
of days.
    The Forest Service believes it is important to give Reviewers 
notice, at this early stage, of several court rulings related to public 
participation in the environmental review process. First, a reviewers 
of a Draft EIS must structure their submissions in the environmental 
review process so that they are specific, meaningful, and alerts an 
agency to reviewer's position and contentions. Vermont Yankee Power 
Corp. v. NRDC, 435 U.S. 519, 533 (1978). Also, environmental objections 
that could be raised at the Draft EIS stage, but that are not raised 
until after the completion of the final 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, 409 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

[[Page 29079]]

when it can meaningfully consider and respond to them in the Final EIS.
    To assist the Forest Service in identifying and considering 
comments, comments on the Draft EIS should be as specific as possible. 
It is also helpful if comments refer to specific pages or chapters of 
the Draft EIS. Comments may address the adequacy of the Draft EIS or 
the merits of the alternatives formulated and discussed in EIS. 
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 45 day comment period ends on the Draft EIS, comment will 
be considered and analyzed by the Agency in preparing the Final EIS. 
The Final EIS is scheduled for completion by October 2001. In the Final 
EIS, the Forest Service is required to respond to respond to the 
comments and responses received during the comment period that pertain 
to the environmental consequences discussed in the Draft EIS, 
applicable laws, regulations, and policies considered in making the 
decision regarding the proposal.
    The Forest Service Responsible Official is Jack Williams, Forest 
Supervisor, of the Siskiyou National Forest. The Responsible Official 
will consider the Final EIS, applicable laws, regulations, policies, 
and analysis files in making a decision. The Responsible Official will 
document the decision and rationale in the Record of Decision. The 
decision will be subject to appeal by the general public under 
regulation 36 CFR 215.

    Dated: May 17, 2001.
Jack E. Williams,
Forest Supervisor.
[FR Doc. 01-13374 Filed 5-25-01; 8:45 am]
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