[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Notices]
[Pages 6691-6692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-489]


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DEPARTMENT OF AGRICULTURE

Forest Service


Giant Sequoia National Monument Management Plan EIS

AGENCY: USDA Forest Service.

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

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SUMMARY: The Department of Agriculture, Forest Service is preparing an 
environmental impact statement (EIS) to establish management direction 
for the land and resources within the Giant Sequoia National Monument 
(GSNM) created by Presidential Proclamation on april 15, 2000. The 
Forest Service, as the responsible agency, proposes to amend the 
Sequoia National Forest Land and Resource Management Plan (FLMP) to 
provide for the protection of the objects of interest identified in the 
Proclamation.

DATES: The draft EIS for the Giant Sequoia National Monument Management 
Plan is expected to be available for public comment in the early spring 
of 2009; the final EIS and Record of Decision (ROD) are expected to be 
published in the fall of 2009. Soon after the ROD is published, a 
separate document representing the Management Plan in non-technical 
language will be published.

ADDRESSES: Tina Terrell, Forest Supervisor, USDA Forest Service, 
Sequoia National Forest, 1839 South Newcomb Street, Porterville, CA 
93257.

FOR FURTHER INFORMATION CONTACT: Julie Allen, Land Management Planning 
Staff Officer, Sequoia National Forest, at the address listed above. 
The phone number is (559) 784-1500. Information regarding the monument 
and the planning process can also be found on the Giant Sequoia 
National Monument website located at http://www.fs.fed.us./r5/sequoia/
gsnm.

SUPPLEMENTARY INFORMATION: 

Background

    On April 15, 200, a Presidential Proclamation creating the Giant 
Sequoia National Monument was signed. The Proclamation designated 
327,769 acres within the boundary of the Sequoia National Forest as a 
National Monument to provide protection for a variety of objects of 
historic and scientific interest, including giant sequoia trees and 
their surrounding ecosystem. The plan will provide for and encourage 
continued public access and use consistent with the purposes of the 
Giant Sequoia National Monument. A range of alternatives will be 
analyzed, including the no-action alternative, which is the current 
management direction.

Purpose and Need for Action

    The Presidential Proclamation creates a national monument 
recognizing and protecting forever its unique resources. The 
proclamation also clearly identifies opportunities for scientific 
research, interpretation, recreation, and the need for a transportation 
plan. We are committed to preparing a management plan that is 
responsive to these needs and opportunities and that cares for the 
objects of interest as identified in the proclamation.
    Within the context of the Proclamation's statement of need, we are 
committed to developing the proposed action and alternatives to it 
through a comprehensive, inclusive, collaborative process involving 
stakeholders. This collaborative process will be facilitated largely by 
a third party neutral associated with the U.S. Institute for 
Environmental Conflict Resolution, an organization chartered by 
Congress for the purpose of resolving multi-party environmental issues 
and disputes. Because the Giant Sequoia National Monument is a unique 
treasure of international interest, it deserves the very best planning 
approach possible. We believe that the very best management will result 
from this innovative, collaborative approach which taps the knowledge 
and creative energy of those who know and love the giant sequoias.
    In the National Environmental Policy Act (NEPA) process terms, this 
Notice of Intent initiates the scoping period. We expect the scoping 
period to last up to one year during which there will be a variety of 
meetings and workshops. The collaborative process will thereby be the 
focus, but not the sole means, of this extended scoping period during 
which the proposed action will be developed and planning issues 
identified. Notification of scoping activities will be posted on the 
Web site, http://www.fs.fed.us/r5/sequoia/gsnm, and advertised through 
the media. The collaborative process will continue to play a role 
through development of the draft and final environmental impact 
statements.

Current Management Direction

    Until a new Monument Management Plan is implemented, current 
management direction for the GSNM includes the Presidential 
Proclamation, the Sequoia National Forest Land and Resource Management 
Plan, as amended by the Sierra Nevada Forest Plan Amendment (2001), and 
the Mediated Settlement Agreement.

Commenting

    Comments received in response to public scoping or any future 
solicitation for public comments on a draft EIS, including names and 
addresses of those who comment, will be considered part of the public 
record and will be available for public inspection. Comments submitted 
anonymously will be accepted and considered. 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. Persons requesting 
such confidentiality should be aware that under the FOIA 
confidentiality may be granted in only very limited circumstances, such 
as to protect trade secrets. The Forest Service will inform the 
requester of the agency's decision regarding the request for 
confidentiality, and where the request is denied; the agency will 
return the submission and notify the requester that the comments may be 
resubmitted with or without name and address.
    The comment period on the draft EIS will be 90 days from the date 
the Environmental Protection Agency publishes the notice of 
availability in the Federal Register.
    The Forest Service believes that, at this early stage, it is very 
important to give reviewers notice of several court rulings related to 
public participation in the environmental review process. First, 
reviewers of a draft EIS must structure their participation in the 
environmental review of the proposal so that it is meaningful and 
alerts the agency to the reviewer's position and contentions. Vermont 
Yankee Nuclear Power Corp. v.

[[Page 6692]]

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 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, 490 F. Supp. 1334 (E.D. Wis. 
1980). Because of these court rulings, it is very important that 
persons interested in this proposed action participate by the close of 
the 90-day comment period on the draft EIS 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 EIS.
    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 specified as possible. It 
is also helpful if comments refer to specific pages or chapters of the 
draft statement. Comments may also address the adequacy 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.

    Dated: January 30, 2008.
Tina J. Terrell,
Forest Supervisor, Sequoia National Forest, USDA Forest Service.
[FR Doc. 08-489 Filed 2-4-08; 8:45 am]
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