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[Federal Register: February 26, 2007 (Volume 72, Number 37)]
[Notices]              =20
[Page 8337-8338]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe07-42]                        =20

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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules =

or proposed rules that are applicable to the public. Notices of hearings =

and investigations, committee meetings, agency decisions and rulings,=20
delegations of authority, filing of petitions and applications and =
agency=20
statements of organization and functions are examples of documents=20
appearing in this section.

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[[Page 8337]]



DEPARTMENT OF AGRICULTURE

Forest Service

=20
Humboldt-Toiyabe National Forests; Santa Rosa Ranger District;=20
Martin Basin Rangeland Management Project

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a Supplemental Environmental Impact=20
Statement.

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SUMMARY: The Santa Rosa Ranger District of the Humboldt-Toiyabe=20
National Forest will prepare a Supplemental Environmental Impact=20
Statement (SEIS) on a proposal to authorize continued livestock grazing=20
on National Forest System (NFS) lands within the boundaries=20
administered by the Santa Rosa Ranger District. The Project Area is=20
located in Humboldt County, Nevada.
    The preparation of this SEIS is needed because the Record of=20
Decision issued on June 2, 2006 for the Martin Basin Rangeland=20
Management Project was appealed, and following review, the decision was=20
reversed. The supplemental analysis will provide additional analysis=20
and disclosure of environmental effects.

DATES: The Draft Supplemental EIS is expected to be released for public=20
review and comment in April of 2007. The Final Supplemental EIS is=20
expected in July of 2007.

ADDRESSES: Send written comments to: Jose Noriega, District Ranger,=20
Santa Rosa Ranger District, 1200 East Winnemucca Blvd., Winnemucca, NV=20
89445.

FOR FURTHER INFORMATION CONTACT: Jose Noriega, District Ranger,=20
Humboldt-Toiyabe National Forest, Telephone: 775-623-5025, extension 5.

SUPPLEMENTARY INFORMATION:=20

Background

    Initiation of the Martin Basin Rangeland Project began in 2002 with=20
the original Notice of intent published in the Federal Register on=20
December 30, 2002. The Draft EIS was released in May of 2004 for a 135-
day comment period. The Final EIS was released in June of 2005 and a=20
45-day comment period was also provided at that time. The Record of=20
Decision for this project was issued on June 2, 2006, by, then Forest=20
Supervisor, Robert L. Vaught.
    The Record of Decision for the Martin Basin Rangeland Project was=20
appealed to the Intermountain Regional Forester. On September 6, 2006,=20
the Regional Forester issued a decision on the appeal and remanded the=20
decision back to the Humboldt-Toiyabe National Forest for additional=20
analysis.

Purpose of and Need for Action

    The purpose and need as defined in the original FEIS will be=20
modified to indicate more specifically the economic and environmental=20
factors that propel both the authorization of grazing and the=20
modification of the terms and conditions and strategies that govern our=20
current permits.

Proposed Action and Alternatives

    The Proposed Action and Alternatives as outlined in the Final=20
Environmental Impact Statement will be supplemented to further define=20
and provide additional details regarding the intent of those=20
alternatives. This Supplemental EIS may also include one or more non-
significant Forest Plan Amendments.

Responsible Official

    The responsible official is: Edward C. Monnig, Forest Supervisor,=20
Humboldt-Toiyabe National Forest, 1200 Franklin Way, Sparks, NV 89431.

Nature of Decision To Be Made

    Given the purpose and need, the deciding officer will decide=20
whether or not to continue grazing on the allotments within the Martin=20
Basin Rangeland Project area. If the decision is to continue livestock=20
grazing, then under what standards, mitigation measures and monitoring=20
requirements it will be subject too.

Scoping Process

    The scoping period for this EIS was formally initiated in December=20
of 2002 when the original notice of intent for this project was=20
published in the Federal Register (December 30, 2002; volume 67, Number=20
250). While no additional scoping periods are planned prior to the=20
release of the Draft Supplemental Environmental Impact Statement those=20
wishing to submit comments may do so at the address listed above for=20
District Ranger Jose Noriega.

Early Notice of Importance of Public Participation in Subsequent=20
Environmental Review

    A Draft Supplemental Environmental Impact Statement will be=20
prepared for comment. The comment period on the Draft Supplemental EIS=20
will be 45 days from the date that the Environmental Protection Agency=20
(EPA) publishes the notice of availability (NOA) in the Federal=20
Register.
    The Forest Service believes that, at this early stage, it is=20
important to give reviewers notice of several court rulings related to=20
public participation in the environmental review process. First,=20
reviewers of draft EISs must structure their participation in the=20
environmental review of the proposal so that it is meaningful and=20
alerts an agency to the reviewer's position and contentions [Vermont=20
Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978)]. Also,=20
environmental objections that could have been raised at the draft EIS=20
stage but that are not raised until after completion of the final EIS=20
may be waived or dismissed by the courts [City of Angoon v. Hodel, 803=20
F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v.=20
Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980)]. Because of these=20
court rulings, it is very important that those interested in this=20
Proposed Action participate by the close of the 45 day comment period=20
so that substantive comments and objections are made available to the=20
Forest Service at a time when it can consider them and respond to them=20
in a meaningful manner within the final EIS.
    To assist the Forest Service in identifying and considering issues=20
and concerns regarding the Proposed Action, comments on the draft EIS=20
should be as specific as possible. It is also helpful if the comments=20
refer to specific pages, sections, or chapters of the draft document.=20
Comments may also address the adequacy of the draft EIS or the merits=20
of the alternatives formulated and discussed in the document. Reviewers=20
may wish to refer to the Council on Environmental Quality (CEQ)=20
Regulations for implementing the

[[Page 8338]]

procedural provisions of the National Environmental Policy Act (NEPA)=20
at 40 CFR 1503.3 in addressing these points.
    Comments received, including the names and addresses of those who=20
comment, will be considered part of the public record of this proposal=20
and will be available for public inspection (Authority: 40 CFR 1501.7=20
and 1508.22; Forest Service Handbook 1909.15, Section 21).

    Dated: January 24, 2007.
Edward C. Monnig,
Forest Supervisor.
 [FR Doc. E7-3194 Filed 2-23-07; 8:45 am]

BILLING CODE 3410-11-P
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