[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Notices]
[Pages 4776-4777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-335]


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DEPARTMENT OF AGRICULTURE

Forest Service


Superior National Forest, LaCroix Ranger District, MN; Border 
Project Environmental Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to Prepare an Environmental Impact Statement.

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SUMMARY: The Department of Agriculture, Forest Service, will prepare an 
environmental impact statement (EIS) for the Border Project. The 
proposed activities would manage forest vegetation composition, 
structure, and spatial patterns. Proposed activities also address the 
transportation system associated with vegetation activities and long-
term federal, non-federal, and public access needs.
    The Project Area encompasses about 57,000 acres of National Forest 
System land. The Proposed Action would create young forest through 
timber harvest on about 8,617 acres; improve stand structure and 
within-stand diversity with harvests such as thinning on about 3,730 
acres; and restore stand conditions without harvest on about 1,904 
acres. Managing the minimum road system needed for long-term vegetation 
management would involve adding 1.6 miles of system road and 
decommissioning 9.2 miles of road. A range of alternatives, including a 
no-action alternative, will be developed to respond to significant 
issues. The proposed project is located on the LaCroix Ranger District, 
Cook, Minnesota, Superior National Forest.

DATES: Comments concerning the scope of the analysis must be received 
by March 10, 2008. The draft environmental impact statement is expected 
in summer 2008 and the final environmental impact statement is expected 
in winter 2008/2009.

ADDRESSES: Send written comments to Nancy S. Larson, LaCroix District 
Ranger, Border Project, 320 Hwy 53 North, Cook, MN 55723. Send 
electronic comments to <a href="/cdn-cgi/l/email-protection#ea898587878f849e99c78f8b999e8f9884c7999f9a8f98838598c7868bc78998858392aa8c99c48c8f8ec49f99"><span class="__cf_email__" data-cfemail="e2818d8f8f878c9691cf8783919687908ccf91979287908b8d90cf8e83cf81908d8b9aa28491cc848786cc9791">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Carol Booth, Border Project 
Coordinator, 320 Hwy 53 North, Cook, MN 55723; telephone (218) 666-
0020.

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action

    The primary purpose of the Border Project is to move the area 
towards the vegetation and landscape ecosystem desired conditions 
described in the Superior National Forest Land and Resource Management 
Plan (Forest Plan). Forest Plan direction for the transportation system 
is also part of the project's purpose.

Proposed Action

    The proposed Action would manage forest vegetation composition, 
structure, and spatial patterns and the transportation system 
associated with these activities. Proposed activities include: creating 
young forest approximately 8,617 acres, improving stand structure and 
within-stand diversity on approximately 3,730 acres, and restoring 
stand conditions through a variety of non-harvest activities such as 
planting, biomass removal, and conducting prescribed burns to reduce 
risk of wildfire on approximately 1,904 acres. Managing the minimum 
road system needed for long-term vegetation management would involve 
adding 1.6 miles of system road and decommissioning 9.2 miles of road.

Responsible Official

    Nancy S. Larson, LaCroix District Ranger, 320 Hwy 53 North, Cook, 
MN 55723.

Nature of Decision To Be Made

    An environmental analysis for the Border Project will evaluate 
site-specific issues, consider management alternatives, and analyze the 
potential effects of the proposed action and alternatives. The scope of 
the project is limited to decisions concerning activities within the 
Border Project Area that meet the Purpose and Need, as well as desired 
conditions. An environmental impact statement will provide the 
Responsible Official, Nancy S. Larson, with the information needed to 
decide which actions, if any, to approve.

Scoping Process

    Public participation will be an integral component of the analysis 
process, and will be especially important at several points during the 
analysis. The first is during the scoping process. The Forest Service 
is seeking information, comments, and assistance from federal agencies, 
State agencies, local agencies, individuals, and organizations that may 
be interested or affected by the proposed activities. The scoping 
process will include: (1) Identification of potential issues, (2) 
identification of issues to be analyzed in depth, and (3) elimination 
of insignificant issues, or those which have been covered by a previous 
environmental review. Based on the results of scoping and the resource 
capabilities within the project area, alternatives, including a no-
action alternative, will be developed for the draft environmental 
impact statement.

Permits or Licenses Required

    Easement or permission to cross non-federal property may be needed 
to access some treatment units to implement Forest Service activities.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement. Written comments 
will be solicited through a scoping package that will be sent to the 
project mailing list. For the Forest Service to

[[Page 4777]]

best use the scoping input, comments must be received by March 10, 
2008. Include name, address, and title of the project with your 
comments.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A draft environmental impact statement will be 
prepared for comment. 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 
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.
    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 18, 2008.
Nancy S. Larson,
LaCroix District Ranger.
[FR Doc. 08-335 Filed 1-25-08; 8:45 am]
BILLING CODE 3410-11-M


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