From: Subject: FR Doc 07-3710 Date: Thu, 2 Aug 2007 22:27:18 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/07-3710.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 FR Doc 07-3710 
[Federal Register: July 31, 2007 (Volume 72, Number 146)]
[Notices]              =20
[Page 41703-41704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy07-28]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

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Black Hills National Forest, Hell Canon Ranger District, Custer,=20
South Dakota--Norbeck Wildlife Project

AGENCY: Forest Service, USDA.

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

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SUMMARY: This project proposes to implement wildlife habitat=20
improvements on about 6,049 acres within the Norbeck Wildlife Preserve=20
on the Hell Canyon Ranger District of the Black Hills National Forest.=20
In addition, the project proposes to conduct prescribed burning on=20
7,391 acres of the Black Elk Wilderness. This project will analyze=20
effects of these treatments within the constraints of the Black Hills=20
National Forest Revised Land and Resource Management Plan (BHNF LRMP),=20
as amended.

DATES: Comments concerning the scope of the analysis should be received=20
within 30 days after publication of this notice in the Federal=20
Register. The draft environmental impact statement is expected in=20
March, 2008 and the final environmental impact statement is expected=20
July, 2008.

ADDRESSES: Send writhen comments to Michael Lloyd, District Ranger,=20
Hell Canyon Ranger District, 330 Mt. Rushmore Rod., Custer, South=20
Dakota 57730. Comment may also be submitted by e-mail to: 
comments-rocky-mountain-black-hills-hell-canyon@fs.fed.us. with =
``Norbeck'' as=20

subject. Electronic comments must be submitted in word (.doc), RichText=20
(.rtf), or Adobe Acrobat (.pdf) format.

FOR FURTHER INFORMATION CONTACT: Alice Allen, Project Coordinator,=20
Blacks Hills National Forest, Hell Canyon Ranger District, at 330 Mt.=20
Rushmore Rd., Custer, South Dakota 57730, phone (605) 673-4853.

SUPPLEMENTARY INFORMATION:=20
    Purpose and Need for Action: The purpose for the proposed action is=20
to benefit ``game animals and birds'' by improving habitat conditions=20
in the Norbeck Wildlife Preserve. In addition, there is a need to=20
protect these habitats for game animals and birds in Norbeck from a=20
wildfire escaping from the Black Elk Wilderness. The EIS will determine=20
current conditions, analyze environmental consequences of habitat=20
improvements on those conditions, and assist the decision maker in=20
selecting management/monitoring strategies consistent with meeting=20
desired conditions in the BHNF LRMP, including the goals for=20
``Management Areas 5.4A--Norbeck Wildlife Preserve'' and ``Management=20
Area 1.1A--Black Elk Wilderness''. The Forest Service seeks to provide=20
high quality habitat for ``game animals and birds'' in accordance with=20
the Norbeck Organic Act of June 5, 1920.
    Proposed Action: The Norbeck Wildlife Project proposes to manage=20
vegetation to benefit game animals and birds on about 6,049 acres=20
within the Norbeck Wildlife Preserve. The project also proposes to use=20
prescribed fire on 7,391 acres of the Black Elk Wilderness to help=20
protect these habitats from wildfire escaping from the wilderness. The=20
Forest Service will evaluate, analyze and determine the effects of the=20
proposed treatments on Norbeck focus species (Griebel, Burns and Deisch=20
2007) including mountain goat, bighorn sheep, elk, white-tailed deer,=20
turkey, bluebird, golden-crowned kinglet, brown creeper, ruffed grouse,=20
song sparrow, northern goshawk and black-backed woodpecker.
    Possible Alternatives: The No Action alternative would not=20
authorize habitat improvements of any type on any portion of the=20
project area at this time. Other alternatives may be developed in=20
response to public comments.
    Responsible Official: The Responsible Official for this project is=20
Michael D. Lloyd, District Ranger, Hell Canyon Ranger District, Black=20
Hills National Forest, 330 Mt. Rushmore Rd., Custer, South Dakota.
    Nature of Decision to be Made: The Forest Service will evaluate the=20
proposed action and alternatives. After reviewing the proposed action,=20
the alternatives, the environmental analysis, and considering public=20
comment, the District Ranger will reach a decision that is in=20
accordance with the purpose and need for this project. The decision=20
will include, but not be limited to:
    (1) Whether or not to undertake vegetative treatments to improve=20
habitat conditions for game animals and birds in Norbeck Wildlife=20
Preserve,
    (2) Whether or not to undertake prescribed burning in the Black Elk=20
Wilderness to protect these habitats from fire escaping from the=20
wilderness,
    (3) If so, what actions are appropriate and under what conditions=20
actions will take place.
    Public Comment: This notice of intent initiates the scoping process=20
which guides the development of the environmental impact statement. The=20
District desires to involve interested parties in identifying issues=20
related to habitat management for game animals and birds. Comments will=20
help the planning team identify key issues and opportunities to develop=20
habitat improvements, monitoring strategies, and alternatives.
    Early Notice of Importance of Public Participation in Subsequent=20
Environmental Review: A draft environmental impact statement will be=20
prepared for comment. The comment period on the draft environmental=20
impact statement will be 45 days from the date the Environmental=20
Protection Agency publishes the notice of availability in the Federal=20
Register.
    The Forest Service believes, at this early stage, it is important=20
to give reviewers notice of several court rulings related to public=20
participation in the environmental review process. First, reviewers of=20
draft environmental impact statements must structure their=20
participation in the environmental review of the proposal so that it is=20
meaningful and alerts an agency to the reviewer's position and=20
contentions. Vermont Yankee Nuclear Power Corp. v.

[[Page 41704]]

NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that=20
could be raised at the draft environmental impact statement stage but=20
that are not raised until after completion of the final environmental=20
impact statement may be waived or dismissed by the courts. City of=20
Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin=20
Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980).=20
Because of these court rulings, it is very important that those=20
interested in this proposed action participate by the close of the 45-
day comment period so that substantive comments and objections are made=20
available to the Forest Service at a time when it can meaningfully=20
consider them and respond to them in the final environmental impact=20
statement.
    To assist the Forest Service in identifying and considering issues=20
and concerns on the proposed action, comments on the draft=20
environmental impact statement should be as specific as possible. It is=20
also helpful if comments refer to specific pages or chapters of the=20
draft statement. Comments may also address the adequacy of the draft=20
environmental impact statement or the merits of the alternatives=20
formulated and discussed in the statement. Reviewers may wish to refer=20
to the Council on Environmental Quality Regulations for implementing=20
the procedural provisions of the National Environmental Policy Act at=20
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 on this proposal=20
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook=20
1909.15, Section 21)

    Dated: July 24, 2007.
Craig Bobzien,
Forest Supervisor,
[FR Doc. 07-3710 Filed 7-30-07; 8:45 am]

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