[Federal Register Volume 60, Number 62 (Friday, March 31, 1995)]
[Notices]
[Pages 16596-16601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7886]



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DEPARTMENT OF AGRICULTURE
Forest Service


Notice of Intent to Prepare an Environmental Impact Statement to 
Amend the Land and Resource Management Plan for the Toyable National 
Forest Spring Mountains National Recreation Area

AGENCY: Forest Service, USDA.

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

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    Preparation of a general management plan for the Spring Mountains 
National Recreation area as an amendment to the Toiyabe National Forest 
Land and Resource Management Plan (Forest Plan); Toiyabe National 
Forest; Spring Mountains National Recreation Area; Clark and Nye 
Counties, Nevada.

SUMMARY: Pursuant to the Spring Mountains National Recreation Area Act 
(P.L. 103-63) and 36 CFR 219.10(f), the Forest Supervisor for the 
Toiyabe National Forest gives notice of the agency's intent to prepare 
an environmental impact statement (EIS) for the decision to prepare a 
general management plan for the Spring Mountains National Recreation 
Area (SMNRA) as an amendment to the Land and Resource Management Plan 
for the Toiyabe National Forest. This amendment would make specific 
changes in the Forest Plan, as it applies to the SMNRA. This notice 
includes a summary of the proposed changes to the Forest Plan, a 
description of the need for these changes, and a brief description of 
preliminary issues and potential alternatives to the proposed 
amendment. This notice also provides estimated dates for filing the 
draft and final EIS; information on future public involvement; the name 
and address of the responsible official; and the name of the person who 
can provide additional information.

DECISION TO BE MADE: The Spring Mountains National Recreation Area is 
currently managed under three separate land management plans, developed 
independently by different agencies under different authorities and 
legislation. One of these is the Forest Plan, which also provides 
direction for the rest of the 4.5 million acre Toiyabe National Forest. 
Public Law 103-63 directs the Forest Service to ``develop a general 
management plan for the Recreation Area as an amendment to the Toiyabe 
National Forest Land and Resource Management Plan.''
    In January, 1995, the Forest Service released the Analysis of the 
Management Situation for the SMNRA. This document reviews the best 
available information on the ecosystems and users of the Spring 
Mountains, and identifies the need for change in current management 
direction. Through the process of environmental analysis, the Forest 
Service will decide whether or not to amend the Forest Plan to address 
needs for change identified in the Analysis of the Management 
Situation. Changes are needed to:

--Meet the direction established in the Spring Mountains National 
Recreation Area Act;
--Improve ecosystem health and sustainability by protecting riparian 
areas, biodiversity hotspots, habitat for threatened, endangered, and 
candidate species, and soil and water quality;
--Establish standards and guidelines to protect heritage resources, 
wilderness characteristics, scenic values, and other resources 
affecting the public use and enjoyment of the land;
--Respond to population growth and development in Las Vegas and 
southern Nevada, and changes in public sentiment regarding management 
of the Spring Mountains;
--Identify opportunities for sustainable recreational use and 
development;
--Provide management direction for lands transferred to the Forest 
Service under the Nevada Enhancement Act of 1988;
--Establish ecosystem management as the organizing philosophy for 
management of the SMNRA;
--Identify goals, objectives, and desired future conditions for each 
ecological unit of the SMNRA;
--Respond to changes in law and direction in the eight years since the 
Forest Plan was approved; and
--Establish a program of monitoring and evaluation to support adaptive 
management of the SMNRA.

    The proposed amendment would not make any changes in Forest-wide 
direction, or in management of other portions of the Toiyabe National 
Forest. No irreversible or irretrievable commitment of resources (site-
specific actions) will be made as a result of this decision. The Forest 
Plan is a programmatic document; projects to [[Page 16597]] implement 
it will involve site-specific environmental analysis and appropriate 
documentation.

DATES: The agency expects to file the draft EIS (DEIS) with the 
Environmental Protection Agency and make it available for public 
comment by November, 1995. The agency expects to file the final EIS by 
July, 1996.

MEETINGS AND PUBLIC INVOLVEMENT: Based on public recommendations, 
scientific analysis, and the Analysis of the Management Situation, the 
Toiyabe National Forest has prepared a proposed amendment to the Forest 
Plan for consideration. The Forest Service invites comments and 
suggestions from Federal, State and local agencies, American Indian 
tribes, individuals, and organizations on issues concerning the effects 
of this proposal. The agency has scheduled public meetings to present 
and discuss the proposed Forest Plan amendment at:

--Monday, April 10, 7:30 pm, Public Library, Mt. Charleston, NV.
--Tuesday, April 18, 7:00 pm, Chamber of Commerce, Pahrump, NV.
--Tuesday, April 25, 6:00 pm, Cashman Field mtg rms, Las Vegas, NV.
--Date to be arranged, Fire Station, Mountain Springs, NV.

    The purpose of these meetings is to discuss the proposed changes to 
the Forest Plan and to identify issues associated with those changes. 
Written comments are encouraged. Additional meetings with individuals 
or groups will be arranged by request.
    The Forest has an extensive public mailing list of interested and 
affected people, developed during preparation of the Analysis of the 
Management Situation, with additions based on participation at each 
meeting. The Forest Service will continue to contact everyone on the 
mailing list at each stage of the planning process to provide 
information and solicit input. Those interested in being added to the 
mailing list should call or write to the address below.
    In addition, the Forest has continuing contact with federal, state 
and local agencies such as the Nevada Division of Wildlife, the Nevada 
Division of State Parks, the Bureau of Land Management, the U.S. Fish 
and Wildlife Service, the State Historic Preservation Office, the Clark 
County Planning Commission, and Congressional representatives. These 
agencies, governments and contacts will continue to be part of the 
planning effort.
    Additional public meetings will be scheduled in June to develop a 
wide range of alternatives to the Proposed Amendment which address the 
needs identified in the Analysis of the Management Situation, and 
respond to the significant issues.
    Comments will be of most use to the planning team if received 
before August, 1995. Refer to the For Further Information Contact in 
this notice for the contact individual.

FOR FURTHER INFORMATION CONTACT: Jerry Ingersoll, Planning Team Leader, 
Spring Mountains National Recreation Area, 2881 S. Valley View, Suite 
16, Las Vegas, NV 89102. (702) 873-8800.

RESPONSIBLE OFFICIAL: The Forest Supervisor for the Toiyabe National 
Forest, located at 1200 Franklin Way, Sparks, NV 89431, is the 
Responsible Official and deciding official for this action. The Forest 
Supervisor may delegate this responsibility to an Assistant Forest 
Supervisor in Las Vegas.

SUPPLEMENTARY INFORMATION: Forest planning is a dynamic process that 
builds upon new information and conditions developed since adoption of 
a Forest Plan. Forest Plans may be amended as needed. The adoption of a 
Forest Plan sets key decisions for the long-term management of a 
National Forest. These decisions can be described as:

--Establishment of forest-wide multiple-use goals and objectives (36 
CFR 219.11(b));
--Establishment of forest-wide management requirements, or standards 
and guidelines (36 CFR 219.13);
--Establishment of management area direction (prescriptions and 
associated standards and guidelines) applying to each specific 
management area (36 CFR 219.11(c));
--Designation of lands suited or not suited for timber production and 
other resource management activities (36 CFR 219.14, 219.15, 219.20 and 
219.21);
--Establishment of monitoring and evaluation requirements (36 CFR 
219.11(d)); and
--Recommendations to Congress for the establishment of Wilderness, Wild 
and Scenic Rivers, Research Natural Areas, and other special 
designations, as appropriate.

    This proposed Forest Plan amendment is limited in scope. Changes 
are proposed in management area direction, suitability for resource 
management, monitoring, and recommendations for special designations 
for the Spring Mountains National Recreation Area (less than 10% of the 
land area of the Toiyabe National Forest). The proposed amendment would 
make no changes in forest-wide goals or standards, or in management 
direction for any other lands on the Toiyabe National Forest.
    The amendment process began with the development of an Analysis of 
the Management Situation (AMS) for the Spring Mountains National 
Recreation Area (36 CFR 219.12(e)), which was distributed on January 
17, 1995. The AMS:

--reflects the results of scientific inventories and surveys;
--compiles public sentiment and suggestions;
summarizes relevant law, regulation, and policy; and
identifies the need for change in current management.

    The AMS brings together the best available scientific information 
to document the conditions and trends of ecosystems and human uses in 
the Spring Mountains. The public was involved in identifying the need 
for changes to the Forest Plan, and many groups worked closely with the 
planning team to develop the AMS. Between May, 1994, and January, 1995, 
the Forest Service held eight open houses and public meetings, made 
more than sixty presentations to groups and individuals, and solicited 
ideas from more than 600 people. Copies of the AMS may be obtained by 
contacting the FOR FURTHER INFORMATION contact identified previously.
    Based upon the needs for change identified in the AMS, the Forest 
Service is proposing specific changes to the long-term management 
direction for the Spring Mountains National Recreation Area. The public 
is invited to comment on the proposed changes and to identify 
alternatives to the proposal which address the needs identified in the 
AMS.

Proposed Action

    The Forest Service proposes to provide new management direction for 
the Spring Mountains National Recreation Area, one of five districts on 
the Toiyabe National Forest. The proposal would:

--designate two new management areas and realign one more to encompass 
lands acquired through the Enhancement Act;
--unify management direction for the SMNRA under a single management 
plan;
--provide new management prescriptions for the SMNRA, including goals, 
objectives, desired future condition, standards, and guidelines for 
each of the four management areas involved;
--expand the Carpenter Canyon Research Natural Area to provide 
[[Page 16598]] additional protection for the unique resources of 
Carpenter Canyon;
--establish a program of monitoring and evaluation specific to the 
SMNRA; and
--identify opportunities for sustainable recreational use and 
development.

    The full text of the Proposed Amendment to the Forest Plan is being 
distributed to the Forest Service's mailing list of potentially 
interested and affected parties. Copies are available upon request from 
the Spring Mountains National Recreation Area Planning Team. See for 
further information contact above.
    This proposal represents a starting point for discussion; the 
Forest Service will consider all reasonable alternatives to the 
proposed Forest Plan amendment, including no action (leaving management 
direction as it is). Public comment on this proposal will be used to 
develop alternatives to the proposed action. The responsible official 
may select any alternative developed through this process as the 
management plan for the SMNRA; the proposed amendment will not 
necessarily be the preferred alternative.

Purpose and Need/Amendment Topics

    Not every issue related to Forest Service management is best 
addressed through the Forest Plan. Public comment, monitoring of 
current activities, and direction from the Spring Mountains National 
Recreation Area Act led to the identification of many topics which 
might lend themselves to Forest Service action. These topics were 
categorized as follows:

--Amendment Topics
--Implementation Topics
--Topics outside the jurisdiction of the Forest Service
--Administrative Topics
--Research Topics

    Amendment topics are identified and discussed below. Only those 
topics which fall into this category are addressed in the proposed 
Forest Plan amendment.
    Implementation topics are those where the existing Forest Plan is 
adequate, but there have been problems with implementation of the Plan. 
One example is use of motor vehicles in the Mr. Charleston Wilderness. 
Motor vehicles are clearly prohibited in the Wilderness by the 
Wilderness Act of 1964, the Nevada Wilderness Act, and the Forest Plan. 
Nevertheless, some use continues to occur, especially at Trough Spring 
and Wallace Canyon, where old roads cross the Wilderness boundary. This 
problem is being addressed through placement of barriers (boulders, 
earth mounds) in road beds, and increased law enforcement.
    Topics outside the jurisdiction of the Forest Service include those 
where the Forest Service does not have authority to act. These topics 
include issues involving private land or land under the management of 
other federal agencies (such as the BLM). Some people in the Mt. 
Charleston area, for example, are concerned over development of 
additional lots in Kyle Canyon. This is a proper subject for Clark 
County, but not for the Forest Service, which has no jurisdiction over 
private land.
    Administrative topics are those which relate to budget, personnel, 
or administrative procedures, rather than land management. These are 
topics which can be addressed through the Forest Service directives 
system, and which do not generally require environmental analysis. 
Examples in this category include fees charged by the Forest Service 
for campground reservations, group events, and other special land uses. 
The Forest Service sets these fees through administrative direction, in 
accordance with existing law and regulation.
    Research topics are those where additional information, through 
research, is needed. Once research topics are identified, they can be 
investigated by the Forest Service's Intermountain Forest and Range 
Experiment Station, or by public or private universities. One example 
is the need to learn more about the ecology of the blackbrush community 
and its successional pathways.
    Amendment topics are those subjects which can best be resolved by 
amending the Forest Plan. These are also known as ``public issues, 
management concerns, and resource use and development opportunities'' 
(36 CFR 219.12(b)). Through work with interested publics, the Planning 
Team identified the following fifteen amendment topics in the Analysis 
of the Management Situation.
<bullet> FOREST HEALTH/BIODIVERSITY--The Spring Mountains provide a 
unique and fragile ecosystem--an island in the desert--which harbors 
many endemic species of plants and animals. As we have learned more 
about ecosystem dynamics, and as Las Vegas has grown, we have become 
increasingly aware of potential conflicts. The proposed amendment 
includes goals, objectives, and standards to assure protection of 
ecological health and diversity while providing for sustainable 
recreation use and development.
<bullet> THREATENED, ENDANGERED, AND SENSITIVE SPECIES--The Spring 
Mountains provide habitat for four listed threatened and endangered 
species, one species proposed for listing, and 54 candidate species, 
including 22 which occur nowhere else in the world. Proposed standards 
to protect these species are needed to provide for recovery of listed 
species, and to keep candidate species from becoming threatened or 
endangered. The proposed amendment would include a conservation 
agreement with the U.S. Fish and Wildlife Service which could provide a 
basis for determinations not to list some candidate species.
<bullet> WILDLIFE HABITAT--Wildlife of the SMNRA includes native 
species ranging from mule deer and desert bighorn sheep to Palmers 
chipmunk and chuckwalla. Several game species have also been introduced 
to the range, including elk, chukar, and turkey. Wildlife populations 
are managed by the Nevada Division of Wildlife. Forest Plan direction 
is needed, however, to establish habitat management objectives, and to 
set an appropriate balance between native and non-native species. 
Proposed objectives, including Appropriate Management Levels (AML's) 
for elk, are needed in order to provide direction for habitat 
management, and for improvements such as water development.
<bullet> WILD HORSES AND BURROS--Wild horses and burros on the SMNRA 
are managed by the Forest Service under the authority of the Wild 
Horses and Burros Protection Act of 1971. Like elk, wild horses and 
burros have been introduced to the Spring Mountains, and are maintained 
there to provide for public enjoyment. In some areas of the SMNRA, wild 
horse populations have increased to the point where riparian and spring 
sites are affected; in other areas, forage is so limiting that animal 
condition is poor. Proposed objectives, including Appropriate 
Management Levels (AML's) are needed in order to provide direction for 
management of habitat and populations, and for improvements such as 
water development.
<bullet> ARCHAEOLOGY--Many places in the AMNRA have been used by people 
for thousands of years. Often, these people have left behind evidence 
of their use of the land, including American Indian rock art and 
[[Page 16599]] roasting pits, historic cabins and sawmills, and a 
section of the Spanish Trail/Mormon Road. These artifacts and sites 
offer us a glimpse of our history and culture, and provide a window on 
the dynamics and use of the ecosystem. Proposed management direction is 
needed to protect these resources while also allowing for appropriate 
interpretation and enjoyment.
<bullet> RECREATION AND ADMINISTRATIVE FACILITIES--All of the developed 
recreation facilities in the SMNRA are located within the old 
``Developed Canyons'' management area--15,500 acres in Kyle Canyon, Lee 
Canyon, and Deer Creek. Most of the fire and administrative facilities 
of the SMNRA are in these same canyons. In Cold Creek, heavy recreation 
use occurs with very limited service, facilities, or management. Many 
people have suggested dispersing recreation use and facilities over a 
wider area; the Nevada Division of State Parks commissioned a 1991 
study which identified suitable areas for cooperative development of 
state park facilities. The Proposed Amendment includes determinations 
of suitability for recreation development, as well as standards and 
guidelines for development and management of recreation and 
administrative facilities.
<bullet> WILDLAND/URBAN INTERFACE--The SMNRA, and particularly the 
developed canyons of the east slope, are heavily influenced by urban 
development centered in Las Vegas. Four small communities are located 
within the boundaries of the SMNRA, and further subdivision and 
development on private land is likely. Semi-urban areas surrounded by 
National Forest System lands often present such issues as fire 
suppression and conflict with recreation users. Standards are proposed 
to address fire prevention and suppression, scenic quality, water 
quality degradation, and loss of wildlife habitat in and around the 
wildland/urban interface.
<bullet> SCENIC QUALITY--One of the principal resources of the SMNRA, 
and one of the main reasons for its popularity, is the unique quality 
of the area's scenery. Cliffs, towering ponderosa pines, ancient 
bristlecones, meadows, and snow-covered peaks all form part of the 
attraction of the Spring Mountains to visitors. proposed visual quality 
objectives are needed in order to establish standards for management 
activities which might affect scenic quality.
<bullet> WILDERNESS MANAGEMENT--The 43,000 acre Mt. Charleston 
Wilderness forms the core of the Spring Mountains National Recreation 
Area, and includes the highest peaks in the range. The Wilderness also 
includes most of the bristlecone pine forests, and many species of rare 
plants and butterflies. Proposed standards and guidelines for 
recreational use of Wilderness are needed to protect these fragile 
resources.
<bullet> RECREATION MANAGEMENT--In addition to camping and picnicking 
at developed recreation sites, many people enjoy the SMNRA as a place 
for sightseeing, horseback riding, mountain biking, off-highway vehicle 
use, rock climbing, cave exploration, hiking, backpacking, cross-
country skiing, and group outings. As the population of southern Nevada 
grows, these uses can cause damage to natural and cultural features, 
and sometimes conflict a bit. Proposed standards are needed to provide 
direction for management of these uses in a sustainable manner, within 
the capacity of the land.
<bullet> TRAILS--Of approximately 50 miles of designated trails in the 
SMNRA, less than 7 miles are outside the Mt. Charleston Wilderness. 
Trail riding opportunities for mountain bikes and off-highway vehicles 
(which are excluded from the Wilderness), and for equestrians are 
limited. The Spring Mountains offer a great deal of potentially 
suitable terrain for multiple-use trails, including opportunities for 
development of regional trail networks. Proposed goals and standards 
for trail development are needed to suggest appropriate locations and 
management for trails.
<bullet> MONITORING AND RESEARCH--During preparation of the Analysis of 
the Management Situation, the Forest Service recognized many fields in 
which information to predict environmental effects is limited. As the 
Spring Mountains receive unprecedented levels of use, how will 
ecosystem health and function be affected? If we continue to suppress 
fires, how will vegetation and wildlife habitat change? How is 
increasing recreational use affecting historic and prehistoric sites? 
Our inventories have often left us with more questions than they have 
answered. The proposed program of monitoring and research is needed to 
assess the impacts of the management courses we choose, and to permit 
us to change course if needed.
<bullet> LAND ACQUISITION AND DISPOSAL--The boundaries of the SMNRA 
include 315,648 acres of national forest system land, and 7,171 acres 
of private land. The Spring Mountains National Recreation Area Act 
directs the Forest Service to prepare ``an inventory of all lands 
within the Recreation Act not presently managed as National Forest 
lands that will permit the Secretary to evaluate possible future 
acquisitions.'' Land purchases and exchanges are carried out on an 
equal value basis with willing buyers and sellers. Proposed direction 
for land adjustment is needed to identify which private parcels are 
suitable for acquisition, and which national forest parcels, if any, 
are available for disposal.
<bullet> FIRE MANAGEMENT--With increased subdivision and development of 
private land within the SMNRA boundaries, management of wildfires 
assumes importance beyond simply the protection of national forest 
resources. At the same time, successful fire suppression can often lead 
to dangerous buildups of fuels, and may result in unwanted changes in 
vegetation and wildlife habitat. Proposed direction for fire 
suppression, controlled burning, and fuel reduction is needed in order 
to retain the historic role of fire in the ecosystem while protecting 
lives, property, and natural resources.
<bullet> PRIVATE AND COMMERCIAL DEVELOPMENTS--From time to time, the 
Forest Service receives requests for private, commercial developments 
or uses of national forest system land. These may include electronic 
sites and public utilities, outfitter/guide uses, competitive trail 
rides and other group activities, and even substantial commercial 
developments. The Lee Canyon ski area, the electronic sites on Angel 
Peak and Mt. Potosi, and several organizational camps are among the 
most visible examples of such uses. Proposed standards for special uses 
are needed to assist Forest Service managers in identifying which uses 
are appropriate.

    [[Page 16600]] The Forest Service prepared the proposed action as a 
starting point for analysis and scoping. The proposed action is one way 
to respond to the need for change--to the above amendment topics. The 
Forest Service will use public comment on the proposal to identify 
significant issues, and to develop to wide range of alternative 
solutions to address these needs.

Preliminary Issues

    Through initial scoping, the Forest Service has identified the 
following issues relating to the effects of the proposed Forest Plan 
amendment. These are preliminary issues--additional scoping and public 
involvement will be used to refine and add to this list to develop a 
complete understanding of all significant issues related to this 
proposal.

--UNCERTAIN EFFECTS TO SENSITIVE SPECIES--For many rare species of 
plants and animals, current research and inventories are not sufficient 
to identify whether existing uses or alterations to the ecosystem pose 
a threat to their existence. While we can sometimes identify 
``biodiversity hotspots,'' we do not completely understand the critical 
factors necessary to ensure their protection. Scientists and others are 
concerned that introduced species (including wild horses and burros), 
rock climbing, and proposed expansion of recreational facilities and 
trails, especially in Kyle and Lee Canyons and the Wilderness, may 
affect rare plants and animals in ways which we do not fully 
understand.
--LIMITS TO RECREATIONAL USE--The proposal would limit some 
opportunities for recreational use of the Spring Mountains. Proposed 
restrictions on equestrian use above timberline, rock climbing in the 
Wilderness, expansion of the ski area and other commercial 
developments, closure of the Carpenter Canyon road, and restrictions on 
development of recreation facilities are, in some peoples' minds, 
contrary to the spirit of a national recreation area. Some people are 
concerned that the proposed limits on recreational activities go too 
far, unnecessarily restricting public use within adequate scientific 
basis.
--WILD HORSES AND BURROS--The proposed amendment would set appropriate 
management levels (AML's) for wild horses and burros. Some people are 
concerned that the proposed AML's are unnecessarily low, and many 
threaten the long-term survival of these species in southern Nevada by 
reducing genetic diversity. This concern includes the cumulative 
effects of other agencies' actions in managing wild horse and burro 
herds.
--ELK AND OTHER WILDLIFE--The proposed amendment would set an AML for 
elk, and restrict introduction of new non-native species and 
augmentation of existing species. Some people believe that the proposed 
restrictions on wildlife habitat management will restrict wildlife 
populations far below levels that the ecosystem could support, and will 
limit the ability of Nevadans to view and hunt game and non-game 
wildlife.
--CONTROLLED BURNING--The proposed amendment would encourage controlled 
burning in some areas of the Spring Mountains under certain specific 
conditions. Some people are concerned that any deliberately set fires 
could escape and pose a risk to life and property. This concern also 
includes the effects of fire on vegetation, scenery, and wildlife.

Preliminary Alternatives

    The Forest Service will evaluate a wide range of alternatives to 
the proposed amendment to the Forest Plan, in response to issues 
identified in the scoping process. The agency expects to consider at 
least the following alternatives, which respond to preliminary issues 
identified to date. As new issues are identified through public 
involvement, new alternatives may be created, and existing alternatives 
modified. Some of these preliminary alternatives may not be analyzed in 
detail. The Responsible Official may select the original Proposed 
Amendment or any of the alternatives to it as the final management plan 
for the Spring Mountains National Recreation Area.

--Alternative A--Continue to manage the Spring Mountains National 
Recreation Area under current management plans. Do not amend the Forest 
Plan. This is the ``no action'' alternative.
--Alternative B--Maximize protection of natural resources, heritage 
resources, and ecosystem health. When in doubt over effects, choose 
standards which will involve the least risk to rare species, natural 
ecological processes, and heritage resource sites, even if this 
involves closing many areas or activities to recreational use. Favor 
native species and natural processes, but use prescribed fire to mimic 
historic fire regime. Provide for little or no expansion of recreation 
opportunities. Close the Spring Mountains Wild Horse Territory, and 
place the horses for adoption or remove them to other territories.
--Alternative C--Within the capacity of the ecosystem, maximize 
opportunities for recreation (both developed and undeveloped) and 
customer service, including trails. roads, campgrounds, and other 
facilities. This alternative would still provide basic protection for 
threatened and endangered species, and would not permit activities 
which endanger the long-term health of the ecosystem. However, public 
uses would not be prohibited or restricted without hard scientific 
evidence that they are harmful.
--Alternative D--Maintain the same balance of protection and 
development as the Proposed Amendment, but provide for the maximum 
sustainable populations of wild horses and burros consistent with 
maintaining ecosystem health. Provide for water development and other 
habitat improvements, and favor wild horses over elk, other wildlife, 
and recreation development.
--Alternative E--Maintain the same balance of protection and 
development as the Proposed Amendment, but provide for the maximum 
sustainable diversity and productivity of wildlife habitat, especially 
for game animals, consistent with maintaining ecosystem health. 
Encourage introduction of new species which show the potential to 
naturalize, as appropriate. Provide for water development and other 
habitat improvements, and favor wildlife over wild horses and 
recreation development.
--Alternative F--Maintain the same balance of protection and 
development as the Proposed Amendment, but do not use controlled burns 
or allow natural fires to burn. Suppress all wildfires aggressively, 
and use only vegetative treatments to minimize risk to property from 
fire.

Public Comments on the Draft EIS

    After the Draft Environmental Impact Statement has been published, 
the Forest Service will again be actively seeking information, comments 
and assistance from Federal, State and local agencies and from 
individuals and organizations who may be interested in or affected by 
the proposed action. It is very important that those interested in this 
proposed action participate at that time.
    The DEIS and draft Forest Plan amendment should be available for 
public review by about November, 1995. [[Page 16601]] After a comment 
period of 90 days, the Final Environmental Impact Statement and Forest 
Plan amendment should be completed by September, 1996.
    The comment period on the Draft Environmental Impact Statement will 
extend 90 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 (1973). 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 90 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.

    Dated: March 17, 1995.
R.M. ``Jim'' Nelson,
Forest Supervisor.
[FR Doc. 95-7886 Filed 3-30-95; 8:45 am]
BILLING CODE 3410-11-M