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<BODY><DOC><PRE>[Federal Register: January 28, 2008 (Volume 73, Number =
18)]
[Notices]              =20
[Page 4776-4777]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja08-21]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

=20
Superior National Forest, LaCroix Ranger District, MN; Border=20
Project Environmental Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to Prepare an Environmental Impact Statement.

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SUMMARY: The Department of Agriculture, Forest Service, will prepare an=20
environmental impact statement (EIS) for the Border Project. The=20
proposed activities would manage forest vegetation composition,=20
structure, and spatial patterns. Proposed activities also address the=20
transportation system associated with vegetation activities and long-
term federal, non-federal, and public access needs.
    The Project Area encompasses about 57,000 acres of National Forest=20
System land. The Proposed Action would create young forest through=20
timber harvest on about 8,617 acres; improve stand structure and=20
within-stand diversity with harvests such as thinning on about 3,730=20
acres; and restore stand conditions without harvest on about 1,904=20
acres. Managing the minimum road system needed for long-term vegetation=20
management would involve adding 1.6 miles of system road and=20
decommissioning 9.2 miles of road. A range of alternatives, including a=20
no-action alternative, will be developed to respond to significant=20
issues. The proposed project is located on the LaCroix Ranger District,=20
Cook, Minnesota, Superior National Forest.

DATES: Comments concerning the scope of the analysis must be received=20
by March 10, 2008. The draft environmental impact statement is expected=20
in summer 2008 and the final environmental impact statement is expected=20
in winter 2008/2009.

ADDRESSES: Send written comments to Nancy S. Larson, LaCroix District=20
Ranger, Border Project, 320 Hwy 53 North, Cook, MN 55723. Send=20
electronic comments to <A =
href=3D"mailto:comments-eastern-superior-la-croix@fs.fed.us">comments-eas=
tern-superior-la-croix@fs.fed.us</A>.

FOR FURTHER INFORMATION CONTACT: Carol Booth, Border Project=20
Coordinator, 320 Hwy 53 North, Cook, MN 55723; telephone (218) 666-
0020.

SUPPLEMENTARY INFORMATION:=20

Purpose and Need for Action

    The primary purpose of the Border Project is to move the area=20
towards the vegetation and landscape ecosystem desired conditions=20
described in the Superior National Forest Land and Resource Management=20
Plan (Forest Plan). Forest Plan direction for the transportation system=20
is also part of the project's purpose.

Proposed Action

    The proposed Action would manage forest vegetation composition,=20
structure, and spatial patterns and the transportation system=20
associated with these activities. Proposed activities include: creating=20
young forest approximately 8,617 acres, improving stand structure and=20
within-stand diversity on approximately 3,730 acres, and restoring=20
stand conditions through a variety of non-harvest activities such as=20
planting, biomass removal, and conducting prescribed burns to reduce=20
risk of wildfire on approximately 1,904 acres. Managing the minimum=20
road system needed for long-term vegetation management would involve=20
adding 1.6 miles of system road and decommissioning 9.2 miles of road.

Responsible Official

    Nancy S. Larson, LaCroix District Ranger, 320 Hwy 53 North, Cook,=20
MN 55723.

Nature of Decision To Be Made

    An environmental analysis for the Border Project will evaluate=20
site-specific issues, consider management alternatives, and analyze the=20
potential effects of the proposed action and alternatives. The scope of=20
the project is limited to decisions concerning activities within the=20
Border Project Area that meet the Purpose and Need, as well as desired=20
conditions. An environmental impact statement will provide the=20
Responsible Official, Nancy S. Larson, with the information needed to=20
decide which actions, if any, to approve.

Scoping Process

    Public participation will be an integral component of the analysis=20
process, and will be especially important at several points during the=20
analysis. The first is during the scoping process. The Forest Service=20
is seeking information, comments, and assistance from federal agencies,=20
State agencies, local agencies, individuals, and organizations that may=20
be interested or affected by the proposed activities. The scoping=20
process will include: (1) Identification of potential issues, (2)=20
identification of issues to be analyzed in depth, and (3) elimination=20
of insignificant issues, or those which have been covered by a previous=20
environmental review. Based on the results of scoping and the resource=20
capabilities within the project area, alternatives, including a no-
action alternative, will be developed for the draft environmental=20
impact statement.

Permits or Licenses Required

    Easement or permission to cross non-federal property may be needed=20
to access some treatment units to implement Forest Service activities.

Comment Requested

    This notice of intent initiates the scoping process which guides=20
the development of the environmental impact statement. Written comments=20
will be solicited through a scoping package that will be sent to the=20
project mailing list. For the Forest Service to

[[Page 4777]]

best use the scoping input, comments must be received by March 10,=20
2008. Include name, address, and title of the project with your=20
comments.
    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. NRDC, 435 U.S. 519,=20
553 (1978). Also, environmental objections that could be raised at the=20
draft environmental impact statement stage but that are not raised=20
until after completion of the final environmental impact statement may=20
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d=20
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490=20
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,=20
it is very important that those interested in this proposed action=20
participate by the close of the 45-day comment period so that=20
substantive comments and objections are made available to the Forest=20
Service at a time when it can meaningfully consider them and respond to=20
them in the final environmental impact 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: January 18, 2008.
Nancy S. Larson,
LaCroix District Ranger.
[FR Doc. 08-335 Filed 1-25-08; 8:45 am]

BILLING CODE 3410-11-M
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