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[Federal Register: March 29, 2007 (Volume 72, Number 60)]
[Notices]              =20
[Page 14769-14770]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr07-36]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

=20
Sawtooth National Forest; Supplement to the North Sheep Grazing=20
Allotments Final Environmental Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to supplement an environmental impact=20
statement.

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SUMMARY: The Forest Service will prepare a supplement (Supplement) to=20
the environmental impact statement (EIS) for the North Sheep Grazing=20
Allotment Final EIS. The Supplement will include additional analyses=20
and new information concerning Management Indicator Species (MIS),=20
capable and suitable grazing lands, and adaptive management strategies.

DATES: Comments concerning the scope of the analysis must be received=20
45 days after publication of the draft Supplement. The draft Supplement=20
is expected at the end of August 2007 and the final Supplement is=20
expected to be available January 2008.

ADDRESSES: Send written comments to Sawtooth National Forest; Attn:=20
North Sheep Allotments Supplement; 5 North Fork Canyon Road, Ketchum,=20
Idaho 83340; or via telephone at (208) 727-5000; or you may hand-
deliver your comments to the Sawtooth National Recreation Office,=20
located at 5 North Fork Canyon Road, Ketchum, during normal business=20
hours from 8 a.m. to 4:30 p.m., Monday through Friday, excluding=20
Federal holidays. Electronic comments must be submitted in a format=20
such as an e-mail message, plain text (.txt), rich text format (.rtf),=20
and Word (.doc) to: <A =
href=3D"mailto:comments-intermtn-sawtooth@fs.fed.us">comments-intermtn-sa=
wtooth@fs.fed.us</A>.

FOR FURTHER INFORMATION CONTACT: Carol Brown, Assistant Forest Planner,=20
at the address above.

SUPPLEMENTARY INFORMATION: The original Notice of Intent for the North=20
Sheep EIS was published in the Federal Register Vol. 68, No. 87, May 6,=20
2003. A revised Notice of Intent was published in the Federal Register=20
Vol. 68, No. 145, July 9, 2003. On September 30, 2004, two Records of=20
Decision were issued, based on the North Sheep Final EIS. These=20
decisions were appealed in

[[Page 14770]]

2004. In 2005, the Appeal Deciding Officer affirmed both decisions.

Purpose and Need for Action

    The Supplement will not change the purpose and need for the North=20
Sheep Final EIS which was described on page 1-5.

Proposed Action

    The Supplement will not change the proposed action for the North=20
Sheep Final EIS which was described on pages 1-5 through 1-6.

Responsible Official

    There are two Responsible Officials involved. For decisions=20
regarding the Baker Creek and North Fork-Boulder allotments, the=20
Responsible Official is the District Ranger, Ketchum Ranger District,=20
P.O. Box 2356 (206 Sun Valley Road), Ketchum, Idaho 83340. For the=20
Smiley Creek and Fisher Creek allotments, the Area Ranger of the SNRA=20
is the Responsible Official--5 North Fork Canyon Road; Ketchum, ID=20
83340.

Nature of Decision To Be Made

    Each Responsible Official will review the information on the=20
Supplement and determine if their 2004 Record of Decision based on the=20
North Sheep Final EIS should be modified or if the original decision is=20
to remain in effect and unchanged.

Scoping Process

    Public scoping for the Supplement will commence with the=20
publication of this Notice of Intent. Public notices will be placed in=20
local newspapers. Press releases will be distributed to the media.

Comment Requested

    This notice of intent initiates the scoping process which guides=20
the development of the Supplement to the North Sheep EIS. The comment=20
period for scoping is 30 days from the date the EPA publishes this=20
notice of intent in the Federal Register. A legal notice will be=20
published in the newspaper of record and a Notice of Availability will=20
be published in the Federal Register to inform the public when=20
supplemental information is available for review and comment. The draft=20
Supplement will be distributed to all parties that received the 2004=20
North Sheep Final EIS and record of decision and to those parties that=20
filed an appeal of the 2004 North Sheep RODs.

Early Notice of Importance of Public Participation in Subsequent=20
Environmental Review

    A draft Supplement to the EIS will be prepared for comment. The=20
comment period on the draft Supplement will be 45 days from the date=20
the Environmental Protection Agency publishes the notice of=20
availability in the Federal Register. The Forest Service believes, at=20
this early stage, it is important to give reviewers notice of several=20
court rulings related to public participation in the environmental=20
review process. First, reviewers of draft environmental impact=20
statements must structure their participation in the environmental=20
review of the proposal so that it is meaningful and alerts an agency to=20
the reviewer's position and contentions. Vermont Yankee Nuclear Power=20
Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections=20
that could be raised at the draft environmental impact statement stage=20
but that are not raised until after completion of the final=20
environmental impact statement may be waived or dismissed by the=20
courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986)=20
and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D.=20
Wis. 1980). Because of these court rulings, it is very important that=20
those interested in this proposed action participate by the close of=20
the 45-day comment period so that substantive comments and objections=20
are made available to the Forest Service at a time when it can=20
meaningfully consider them and respond to them in the final Supplement.=20
To assist the Forest Service in identifying and considering issues and=20
concerns on the proposed action, comments on the draft Supplement=20
should be as specific as possible. It is also helpful if comments refer=20
to specific pages or chapters of the draft Supplement. Comments may=20
also address the adequacy of the draft Supplement or the merits of the=20
alternatives formulated and discussed in the statement. Reviewers may=20
wish to refer to the Council on Environmental Quality Regulations for=20
implementing the procedural provisions of the National Environmental=20
Policy Act at 40 CFR 1503.3 in addressing these points. Comments=20
received, including the names and addresses of those who comment, will=20
be considered part of the public record on this proposal and will be=20
available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook=20
1909.15, Section 21)

    Dated: March 6, 2007.
Jane Kollmeyer,
Sawtooth Forest Supervisor.
[FR Doc. 07-1533 Filed 3-28-07; 8:45 am]

BILLING CODE 3410-11-M
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