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[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Pages 66347-66348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21798]

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DEPARTMENT OF AGRICULTURE

Forest Service

Lassen National Forest, Hat Creek Ranger District, CA, North 49 
Project Forest Health Recovery Project

AGENCY: Forest Service, USDA.

ACTION: Notice of intent.

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SUMMARY: The Forest Service proposes to develop a network of defensible 
fuel profile zones (DFPZ's) and wildland urban interface zones (WUIs), 
conduct area thinning, reduce surface fuels, establish group selection 
harvest units, and restore remnant aspen stands on the Hat Creek Ranger 
District in the Lassen National Forest. Treatments within DFPZs would 
include 9,975 acres of forest and plantation thinning followed by 
underburning and/or mechanical fuels reduction. Approximately 2,060 
acres would be underburned only. Treatments outside of DFPZs would 
include 3,660 acres of forest and plantation thinning followed by 
underburning and/or mechanical fuels reduction to develop three WUIs. A 
modified thinning prescription would be applied in some areas to 
maintain wildlife habitat and structural diversity. An additional 95 
acres of brushfield treatments would also be completed outside of 
DFPZs. Group selection treatments would be implemented on 1,186 acres 
across the project area and 49 acres of aspen would be restored. 
Approximately 1.4 miles of new system roads and 0.7 miles of temporary 
non-system roads would be constructed. Approximately 3.9 miles of roads 
would be decommissioned. The project would be implemented through a 
combination of commercial timber sales, service contracts, and force 
account crews. These management activities were developed to implement 
and be consistent with the Lassen National Forest (LNF) Land and 
Resource Management Plan (LRMP, 1993), as amended by the Herger-
Feinstein Quincy Library Group Forest Recovery Act FEIS, FSEIS, and 
ROD's (1999, 2003), and the Sierra Nevada Forest Plan Amendment FEIS 
(2001) and FSEIS/ROD (2004).
    Decision to be made: The decision to be made is whether to 
implement the proposed action as described above, to meet the purpose 
and need for action through some other combination of activities, or to 
take no action at this time.
    Scoping process: Comments concerning the scope of the analysis 
should be received in writing within 15 days of the date of publication 
of this Notice of Intent in the Federal Register.
    The project was initially listed in the Forest's February 2004 
quarterly edition of the Schedule of Proposed Actions (SOPA). Scoping 
letters were sent in March 2004 to those who responded to the SOPA and 
other identified interested and affected individuals and government 
agencies. In the SOPA, the mode of environmental documentation was 
predicted as an environmental assessment.
    At this time, the environmental analysis will be documented in an 
environmental impact statement. Since only minor changes are being made 
to the proposed action that was previously scoped, the scoping period 
at this time is brief. Those who responded during the March 2004 
scoping period will be contacted again. In addition, scoping letters 
previously received by the Forest Service from the first scoping period 
will continue to be used for this process. A public scoping meeting is 
not anticipated at this time.
    The scoping process will be used to identify issues regarding the 
proposed action. An issue is defined as a point of dispute, debate, or 
disagreement related to a specific proposed action based on its 
anticipated effects. Significant issues brought to our attention are 
used during an environmental analysis to develop alternatives to the 
proposed action. Some issues raised in scoping may be

[[Page 66348]]

considered non-significant because they are: (1) Beyond the scope of 
the proposed action and its purpose and need; (2) already decided by 
law, regulation, or the Land and Resource Management Plan; (3) 
irrelevant to the decision to be made; or (4) conjectural and not 
supported by scientific or factual evidence.
    Alternatives: Alternatives proposed to date are the Proposed Action 
as describe above and the No Action.
    Identification of permits or licenses required: No permits or 
licenses have been identified to implement the proposed action.
    Lead, joint lead, and cooperating agencies: The USDA Forest Service 
is the lead agency for this proposal; there are no cooperating 
agencies.
    Estimated dates for filing: The expected filing date with the 
Environmental Protection Agency for the draft EIS March 6, 2006. The 
expected filing date for the final EIS is July 24, 2006.
    Person to which comments may be mailed: Comments may be submitted 
to: District Ranger, Hat Creek Ranger District, at P.O. Box 220, Fall 
River Mills, CA, 96028 or (530) 336-5758 (fax) during normal business 
hours. The Hat Creek Ranger District business hours are from 8 a.m. to 
4:30 p.m. Monday through Friday. Electronic comments, in acceptable 
plain text (.txt), rich text (.rtf), or Word (.doc) formats, may be 
submitted to: [email protected] using 
Subject: North 49 Forest Health Recovery Project.
    Reviewer's obligation to comment: The comment period on the draft 
EIS will be 49 days from the date the Environmental Protection Agency 
publishes the notice of availability of the draft EIS 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 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 contentions. 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. 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 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 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.

FOR FURTHER INFORMATION CONTACT: Scott Stawiarski, Interdisciplinary 
Team Leader, may be contacted by phone at (530) 336-5521 for more 
information about the proposed action and the environmental impact 
statement or at the Hat Creek Ranger District, P.O. Box 220, Fall River 
Mills, CA 96028.
    Responsible official and mailing address: Laurie Tippin, Forest 
Supervisor, 2550 S. Riverside Drive, Susanville, CA 96130.

    Dated: October 27, 2005.
Elizabeth Norton,
Acting Forest Supervisor, Lassen National Forest.
[FR Doc. 05-21798 Filed 11-1-05; 8:45 am]
BILLING CODE 5410-99-M
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