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[Federal Register: February 5, 2008 (Volume 73, Number 24)]
[Notices]              =20
[Page 6691-6692]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe08-35]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

=20
Giant Sequoia National Monument Management Plan EIS

AGENCY: USDA Forest Service.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Department of Agriculture, Forest Service is preparing an=20
environmental impact statement (EIS) to establish management direction=20
for the land and resources within the Giant Sequoia National Monument=20
(GSNM) created by Presidential Proclamation on april 15, 2000. The=20
Forest Service, as the responsible agency, proposes to amend the=20
Sequoia National Forest Land and Resource Management Plan (FLMP) to=20
provide for the protection of the objects of interest identified in the=20
Proclamation.

DATES: The draft EIS for the Giant Sequoia National Monument Management=20
Plan is expected to be available for public comment in the early spring=20
of 2009; the final EIS and Record of Decision (ROD) are expected to be=20
published in the fall of 2009. Soon after the ROD is published, a=20
separate document representing the Management Plan in non-technical=20
language will be published.

ADDRESSES: Tina Terrell, Forest Supervisor, USDA Forest Service,=20
Sequoia National Forest, 1839 South Newcomb Street, Porterville, CA=20
93257.

FOR FURTHER INFORMATION CONTACT: Julie Allen, Land Management Planning=20
Staff Officer, Sequoia National Forest, at the address listed above.=20
The phone number is (559) 784-1500. Information regarding the monument=20
and the planning process can also be found on the Giant Sequoia=20
National Monument website located at <A =
href=3D"http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleavin=
gFR.html&amp;log=3Dlinklog&amp;to=3Dhttp://www.fs.fed.us./r5/sequoia/gsnm=
">http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.ht=
ml&amp;log=3Dlinklog&amp;to=3Dhttp://www.fs.fed.us./r5/sequoia/gsnm</A>
.


SUPPLEMENTARY INFORMATION:=20

Background

    On April 15, 200, a Presidential Proclamation creating the Giant=20
Sequoia National Monument was signed. The Proclamation designated=20
327,769 acres within the boundary of the Sequoia National Forest as a=20
National Monument to provide protection for a variety of objects of=20
historic and scientific interest, including giant sequoia trees and=20
their surrounding ecosystem. The plan will provide for and encourage=20
continued public access and use consistent with the purposes of the=20
Giant Sequoia National Monument. A range of alternatives will be=20
analyzed, including the no-action alternative, which is the current=20
management direction.

Purpose and Need for Action

    The Presidential Proclamation creates a national monument=20
recognizing and protecting forever its unique resources. The=20
proclamation also clearly identifies opportunities for scientific=20
research, interpretation, recreation, and the need for a transportation=20
plan. We are committed to preparing a management plan that is=20
responsive to these needs and opportunities and that cares for the=20
objects of interest as identified in the proclamation.
    Within the context of the Proclamation's statement of need, we are=20
committed to developing the proposed action and alternatives to it=20
through a comprehensive, inclusive, collaborative process involving=20
stakeholders. This collaborative process will be facilitated largely by=20
a third party neutral associated with the U.S. Institute for=20
Environmental Conflict Resolution, an organization chartered by=20
Congress for the purpose of resolving multi-party environmental issues=20
and disputes. Because the Giant Sequoia National Monument is a unique=20
treasure of international interest, it deserves the very best planning=20
approach possible. We believe that the very best management will result=20
from this innovative, collaborative approach which taps the knowledge=20
and creative energy of those who know and love the giant sequoias.
    In the National Environmental Policy Act (NEPA) process terms, this=20
Notice of Intent initiates the scoping period. We expect the scoping=20
period to last up to one year during which there will be a variety of=20
meetings and workshops. The collaborative process will thereby be the=20
focus, but not the sole means, of this extended scoping period during=20
which the proposed action will be developed and planning issues=20
identified. Notification of scoping activities will be posted on the=20
Web site, <A =
href=3D"http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleavin=
gFR.html&amp;log=3Dlinklog&amp;to=3Dhttp://www.fs.fed.us/r5/sequoia/gsnm"=
>http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.htm=
l&amp;log=3Dlinklog&amp;to=3Dhttp://www.fs.fed.us/r5/sequoia/gsnm</A>, =
and advertised through=20

the media. The collaborative process will continue to play a role=20
through development of the draft and final environmental impact=20
statements.

Current Management Direction

    Until a new Monument Management Plan is implemented, current=20
management direction for the GSNM includes the Presidential=20
Proclamation, the Sequoia National Forest Land and Resource Management=20
Plan, as amended by the Sierra Nevada Forest Plan Amendment (2001), and=20
the Mediated Settlement Agreement.

Commenting

    Comments received in response to public scoping or any future=20
solicitation for public comments on a draft EIS, including names and=20
addresses of those who comment, will be considered part of the public=20
record and will be available for public inspection. Comments submitted=20
anonymously will be accepted and considered. Additionally, pursuant to=20
7 CFR 1.27(d), any person may request the agency to withhold a=20
submission from the public record by showing how the Freedom of=20
Information Act (FOIA) permits such confidentiality. Persons requesting=20
such confidentiality should be aware that under the FOIA=20
confidentiality may be granted in only very limited circumstances, such=20
as to protect trade secrets. The Forest Service will inform the=20
requester of the agency's decision regarding the request for=20
confidentiality, and where the request is denied; the agency will=20
return the submission and notify the requester that the comments may be=20
resubmitted with or without name and address.
    The comment period on the draft EIS will be 90 days from the date=20
the Environmental Protection Agency publishes the notice of=20
availability in the Federal Register.
    The Forest Service believes that, at this early stage, it is very=20
important to give reviewers notice of several court rulings related to=20
public participation in the environmental review process. First,=20
reviewers of a draft EIS must structure their participation in the=20
environmental review of the proposal so that it is meaningful and=20
alerts the agency to the reviewer's position and contentions. Vermont=20
Yankee Nuclear Power Corp. v.

[[Page 6692]]

NRDC, 435 U.S. 519, 533 (1978). Also, environmental objections that=20
could be raised at the draft EIS stage, but that are not raised until=20
after completion of the final EIS, 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 (E.D. Wis.=20
1980). Because of these court rulings, it is very important that=20
persons interested in this proposed action participate by the close of=20
the 90-day comment period on the draft EIS so that substantive comments=20
and objections are made available to the Forest Service at a time when=20
it can meaningfully consider them and respond to them in the final EIS.
    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 specified as possible. It=20
is also helpful if comments refer to specific pages or chapters of the=20
draft statement. Comments may also address the adequacy or the merits=20
of the alternatives formulated and discussed in the statement.=20
Reviewers may wish to refer to the Council on Environmental Quality=20
Regulations for implementing the procedural provisions of the National=20
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.

    Dated: January 30, 2008.
Tina J. Terrell,
Forest Supervisor, Sequoia National Forest, USDA Forest Service.
[FR Doc. 08-489 Filed 2-4-08; 8:45 am]

BILLING CODE 3410-11-M
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