Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Notices 50301 

The comment period on the Draft EIS 

will extend 45 days from the date the 

EPA publishes the NOA in the Federal 

Register. At that time, copies of the 

Draft EIS will be distributed to 

interested and affected agencies, 

organizations, and members of the 

public for their review and comment. It 

is very important that those interested 

in the management of the Rogue RiverSiskiyou National Forest participate at 

that time. Submission of comments in 

response to the Draft EIS is a 

prerequisite for eligibility to appeal 

under the 36 CFR part 217 regulations. 

The Final EIS is scheduled to be 

completed in February 2009. In the 

Final EIS, the Forest Service will 

respond to comments received during 

the comment period that pertain to the 

environmental consequences discussed 

in the Draft EIS and applicable laws, 

regulations, and policies considered in 

making the decision. 

Comment Requested 

This Notice of Intent initiates the 

scoping process which guides the 

development of the Environmental 

Impact Statement. 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. 

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 Environmental 

Impact 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. 

(Authority: 40 CFR 1501.7 and 1508.22; 

Forest Service Handbook 1909.15, Section 

21) 

Dated: August 18, 2008. 

Scott D. Conroy, 

Forest Supervisor, Rogue River-Siskiyou 

National Forest. 

[FR Doc. E8–19675 Filed 8–25–08; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Sequoia National Forest, Western 

Divide Ranger District; California; Tule 

River Reservation Protection Project 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The proposed project is to 

reduce surface and ladder fuels on 

approximately 1,574 acres by 

constructing fuel breaks, treating 

planted stands, and prescribed burning 

between planted stands and fuel breaks. 

The purpose of the project is to respond 

to a proposal from the Tule River Tribal 

Council under the Tribal Forest 

Protection Act and to reduce the spread 

of wildland fire starting on the Sequoia 

National Forest or private lands onto the 

Tule River Indian Reservation. 

DATES: Comments concerning the scope 

of the analysis must be received by 

Wednesday, September 24, 2008. The 

draft environmental impact statement is 

expected June 2009 and the final 

environmental impact statement is 

expectedNovember 2009. 

ADDRESSES: Send written comments to 

Priscilla Summers, District Ranger, 

Western Divide Ranger District, 32588 

Hwy 190, Springville, CA 93265. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Sue, Planner, Western Divide 

Ranger District, 32588 Hwy 190, 

Springville, CA 93265. 

SUPPLEMENTARY INFORMATION: In July 

2004, Congress passed the Tribal Forest 

Protection Act (Act). The Act was in 

response to devastating wildfires that 

started on Federal lands and crossed 

onto adjacent Tribal lands. The Act 

provides a tool for tribes to propose 

work that will reduce the threat of fires 

starting on Federal lands from spreading 

onto trust lands for Indian tribes. The 

Act allows tribes to enter into contracts 

and agreements with the U.S. Forest 

Service or Bureau of Land Management 

to accomplish the work. 

In October 2005, the Tule River Tribal 

Council submitted a project proposal to 

the Forest Supervisor of the Sequoia 

National Forest under the authority of 

the Tribal Forest Protection Act of 2004. 

The Pacific Southwest RegionalForester 

granted authority to work with the Tule 

River Tribal Council on their proposal. 

This project is the first under this 

authority. Subsequent projects will be 

analyzed separately. 

Purpose and Need for Action 

To respond to the proposal from the 

Tule River Tribal Council under the 

TribalForest Protection Act and to 

reduce the risk of wildland fire starting 

on the Sequoia National Forest or 

private lands from spreading onto the 

Tule RiverIndian Reservation by 

reducing surface and ladder fuels. 

Proposed Action 

The proposed action is to reduce 

surface and ladder fuels on 

approximately 1,574 acres along the 

northern boundary between the Sequoia 

National Forest,Giant Sequoia National 

Monument, and the Tule River Indian 

Reservation. The proposed action 

includes the construction of shaded fuel 

breaks along ridgelines, private land, 

and roads; the reduction of fuels in 

planted stands by thinning, limbing and 

removing brush; disposal of resulting 

fuels by pile and burning, jackpot 

burning, or utilizing biomass as 

commercial and/or personal fuel; and 

prescribed burn between planted stands 

and shaded fuel breaks. 

Responsible Official 

Tina Terrell, Forest Supervisor, 

Sequoia National Forest, 1839 South 

NewcombStreet, Porterville, CA 93257. 

Nature of Decision To Be Made 

The decision to be made is whether or 

not to approve the fuels reduction 

project as described. The decision will 

not include a Forest Plan Amendment. 


sroberts on PROD1PC76 with NOTICES
50302 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Notices 

Scoping Process 

Public participation will be especially 

important at several points during the 

analysis. The Forest Service will be 

seeking information, comments, and 

assistance from Federal, State, and local 

agencies and other individuals or 

organizations interested in or affected 

by the proposed action. 

The comment period on the proposed 

action will extend 30 days from the date 

the Notice of Intent is published in the 

Federal Register. 

The draft environmental impact 

statement is expected to be filed with 

the Environmental Protection Agency 

(EPA) and to be available for public 

review by June 2009. EPA will publish 

a notice of availability of the draft EIS 

in the Federal Register. The comment 

period on the draft EIS will extend 45 

days from the date the EPA notice 

appears in the FederalRegister. At that 

time, copies of the draft EIS will be 

distributed to interested and affected 

agencies, organizations, and members of 

the public for their review and 

comment. It is very important that those 

interested in the Tule River Reservation 

Protection Project participate at that 

time. 

The final EIS is scheduled to be 

completed in November 2009. In the 

final EIS, the Forest Service is required 

to respond to substantive comments 

received during the comment period 

that pertain to the environmental 

consequences discussed in the draft EIS 

and applicable laws, regulations, and 

policies considered in making the 

decision. Substantive comments are 

defined as ‘‘comments within the scope 

of the proposed action, specific to the 

proposed action, and have a direct 

relationship to the proposed action, and 

include supporting reasons for the 

responsible official to consider’’ (36 CFR 

215.2). Submission of substantive 

comments is a prerequisite for eligibility 

to appeal under the 36 CFR part 215 

regulations. 

Comment Requested 

This notice of intent initiates the 

scoping process which guides the 

development of the environmental 

impact statement. 

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 

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 (ED. 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 PolicyAct 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: August 18, 2008. 

Tina J. Terrell, 

Forest Supervisor. 

[FR Doc. E8–19621 Filed 8–25–08; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

Notice of a Public Meeting on 

Implementation of Title IX, Energy 

Authorities of the Food, Conservation 

and Energy Act of 2008 

AGENCY: Rural Business-Cooperative 

Service, USDA. 

ACTION: Notice of public meeting. 

SUMMARY: The Business and Cooperative 

Programs, an Agency in the Rural 

Development Mission Area of the 

United States Department of 

Agriculture, will hold a public meeting 

September 4, 2008, entitled ‘‘Expanding 

Rural Renewable Energy 

Opportunities—Inviting a Dialogue with 

the Public on the new authorities of the 

Food, Conservation, and Energy Act of 

2008 (Pub. L. 110–234) (‘‘the Act’’).’’

The purpose of this event is to gather 

public comments and suggestions on 

how to implement certain new 

authorities authorized under Title IX of 

the Act. 

DATES: The meeting will be held on 

Thursday, September 4, 2008. 

Registration will start at 8 a.m.; the 

program will begin at 8:30 a.m. and 

conclude by 4 p.m. Eastern Time. 

ADDRESSES: The meeting will be held in 

the Jefferson Auditorium, South 

Agriculture Building, U.S. Department 

of Agriculture, 1400 Independence 

Avenue, SW., Washington, DC. 

Participants should enter the building 

through the 5th wing entrance of the 

South Building located on 

Independence Avenue between 12th 

and 14th Street. Valid photo 

identification is required for clearance 

by building security personnel. 

FOR FURTHER INFORMATION CONTACT: 

Robin Robinson, Confidential Assistant, 

Office of the Administrator, USDA, 

Rural Development, Business and 

Cooperative Programs, Room 5803, 

South Agriculture Building, STOP 3201, 

1400 Independence Avenue, SW., 

Washington, DC 20250–3201, 

Telephone: (202) 690–4730, E-mail: 

robin.robinson@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Specifically, USDA has an interest in 

initiating a dialogue on the following 

sections of Title IX of the Act: 

Section numbers below refer to 

sections of the Farm Security and Rural 

Investment Act that are amended by 

section 9001 of the Food, Conservation, 

and Energy Act of 2008. 

Section 9003, Biorefinery 

Assistance—Provides loan guarantees to 

fund the development, construction, 


sroberts on PROD1PC76 with NOTICES