From: Subject: FR Doc 08-80 Date: Tue, 15 Jan 2008 20:35:19 -0800 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-80.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc 08-80 
[Federal Register: January 11, 2008 (Volume 73, Number 8)]
[Notices]              =20
[Page 2002-2003]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja08-17]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

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Nebraska Travel Management Rule Implementation Project; Nebraska=20
National Forest, Nebraska and South Dakota

AGENCY: Forest Service, USDA.

ACTION: Notice; Intent to Prepare Environmental Impact Statement.

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SUMMARY: The purpose of the Nebraska Travel Management Rule=20
Implementation project is to implement direction in the Travel=20
Management; Designated Routes and Areas for Motor Vehicle Use; Final=20
Rule, (36 CFR Parts 212, 251, 261, 295) commonly known as the Travel=20
Management Rule and designate roads, trails, and areas open to motor=20
vehicle use.
    The Forest Service will prepare an environmental impact statement=20
(EIS) to document the analysis and disclose the environmental impacts=20
of proposed land management activities, and corresponding alternatives,=20
within the Nebraska Travel Management Project area. The Nebraska Travel=20
Management Rule Implementation project area is located primarily on=20
National Forest System lands, administered by the Nebraska National=20
Forest in northwestern Nebraska and southwestern South Dakota.

DATES: Comments concerning the proposed land management activities=20
should be received within 30 days following publication of this notice=20
to receive timely consideration in the preparation of the draft EIS.

ADDRESSES: Send written comments concerning the proposed land=20
management activities or requests to be placed on the project mailing=20
list to: Mark Reichert, Project Leader; Attention: Nebraska Travel=20
Management Project, ACT2 Enterprise Unit, 1312 Fairlane Road, Yreka,=20
California 96097-9549. You are welcome and encouraged to submit=20
electronic comments in acceptable formats [plain text (.txt), rich text=20
(.rtf) or Word (.doc)] to: mreichert@fs.fed.us.

FOR FURTHER INFORMATION CONTACT: Mark Reichert, Project Leader, ACT2=20
Enterprise Unit, 1312 Fairlane Road, Yreka, California 96097-9549,=20
phone (530) 841-4422, e-mail: mreichert@fs.fed.us.

SUPPLEMENTARY INFORMATION: The information presented in this notice is=20
included to help the reviewer determine if they are interested in or=20
potentially affected by proposed land management activities.=20
Information presented in this notice is summarized. Those who wish to=20
provide comments, or are otherwise interested in or affected by the=20
project, are encouraged to obtain additional information from the=20
contact identified in the previous section titles: FOR FURTHER=20
INFORMATION CONTACT.
    Proposed Action--Proposed land management activities (Proposed=20
Action) include the following, with approximate mileage and acreage=20
values: (1) Designation of 552 miles of motorized travel, which=20
includes 514 miles of roads (303 miles for both Highway Legal Vehicles=20
(HLV) and Off-Highway Legal Vehicles (OHV) use, and 211 miles for HLV=20
use only) and 38 miles of trails for OHV use (2) Designation of 5,441=20
acres of motorized travel.
    Project History--On November 2, 2005, the Forest Service announced=20
the Travel Management; Designated Routes and Areas for Motor Vehicle=20
Use; Final Rule governing OHV and other motor vehicle use on national=20
forests and grasslands. Commonly known as National Travel Management=20
Rule, it directs all national forests and national grasslands to allow=20
wheeled motorized vehicle travel only on designated roads,

[[Page 2003]]

trails, and areas. This changes OHV rules on national forests to a=20
``closed unless designated open'' policy. In January of 2008, the=20
Nebraska Travel Management Route Implementation Project is being=20
presented to the public for comment (scoping) prior to undertaking=20
preparation of an Environmental Impact Statement.
    Responsible Officials--Four District Rangers of the Nebraska=20
National Forest, Patti Barney, for the Bessey District Ranger, Michael=20
McNeill, for the Fall River District Ranger, Charlie Marsh, for the=20
Pine Ridge District Ranger, Kevin Atchley, for the Wall District=20
Ranger, will serve in the capacity of responsible officials throughout=20
this process. These Responsible Officials will be making project-level=20
decisions from the project.
    Decision Space--Decision-making will be limited to specific=20
activities relating to the Proposed Action. The primary decision to be=20
made will be whether or not to implement the Proposed Action or another=20
alternative that responds to the project's purpose and needs.
    Preliminary Issues--Comments from American Indian tribes, the=20
public, and other agencies will be considered in identifying=20
preliminary issues. Issues raised in similar projects have included:=20
effects on hunting, recreation, and conflicts between different user=20
groups.
    Public Participation--The Forest Service is seeking comments from=20
Federal, State, and local agencies, as well as local Native American=20
tribes and other individuals or organizations that may be interested in=20
or affected by the Proposed Action. Comments received in response to=20
this notice will become a matter of public record. While public=20
participation is welcome at any time, comments on the Proposed Action=20
received within 30 days of this notice will be especially useful in the=20
preparation of the draft EIS. Timely comments will be used to identify:=20
Potential issues with the Proposed Action, development of alternatives=20
to the Proposed Action that respond to identified needs and significant=20
issues, and potential environmental effects of the Proposed Action and=20
alternatives considered in detail. In addition, the public is=20
encouraged to contact and/or visit Forest Service officials at any time=20
during the planning process.
    Estimated Dates for Filing--The draft EIS is expected to be filed=20
with the Environmental Protection Agency and available for public=20
review in August 2008. A 45-day comment period will follow publication=20
of a Notice of Availability of the draft EIS in the Federal Register.=20
Comments received on the draft EIS will be used in preparation of the=20
final EIS, expected in January 2009. Four different Record of Decisions=20
(RODs) will also be issued at that time, one for each Ranger District,=20
along with publication of a Notice of Availability of the final EIS and=20
RODs in the Federal Register.
    Reviewer's Obligations to Comment--The Forest Service believes it=20
is important at this early stage to give reviewers notice of several=20
court rulings related to public participation in the environmental=20
review process. First, reviewers of the draft EIS must structure their=20
participation in the environmental review of the proposal in such a way=20
that is meaningful and alerts an agency to the reviewer's position and=20
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S.C.=20
519, 513 (1978). Also, environmental objections that could be raised at=20
the draft EIS stage but are not raised until after completion of the=20
final EIS may be waived or dismissed by the courts. City of Angoon v.=20
Hodel, 803 F.2d 1016, 1022 (9th Cir, 1986), and Wisconsin Heritages=20
Inc. v. Harris, 490 F.Supp. 1334, 1338 (E.D. Wis., 1980). Because of=20
these 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
of the draft EIS in order that comments and objections are available to=20
the Forest Service at a time when it can meaningfully consider them and=20
respond to them in the final EIS. To assist the Forest Service in=20
identifying and considering issues and concerns on the Proposed Action,=20
comments should be as specific as possible. 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.

    Dated: December 18, 2007.
Don Bright,
Forest Supervisor, Nebraska National Forest, 125 North Main, Chadron,=20
NE 69337.
[FR Doc. 08-80 Filed 1-10-08; 8:45 am]

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