[Federal Register: August 13, 2008 (Volume 73, Number 157)]
[Notices]
[Page 47126-47127]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au08-32]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
[[Page 47126]]
DEPARTMENT OF AGRICULTURE
Forest Service
Apache-Sitgreaves National Forests; Arizona; Heber Wild Horse
Territory Plan
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an Environmental Impact Statement.
-----------------------------------------------------------------------
SUMMARY: The Forest Service will prepare a Draft Environmental Impact
Statement (DEIS) to evaluate the environmental impacts of developing
and implementing a Territory Plan for the Heber Wild Horse Territory.
DATES: Comments concerning the scope of the analysis must be received
by September 15, 2008. The Draft Environmental Impact Statement is
expected by May 2009 and the final Environmental Impact Statement is
expected November 2009.
ADDRESSES: Send written comments to Heber Wild Horse Territory Plan
Analysis, c/o Deryl Jevons, Acting Forest Supervisor, P.O. Box 640,
Springerville, AZ 85938, or send e-mail comments to comments-
southwestern-apache-sitgreaves@fs.fed.us, using the subject heading
Heber Wild Horse Territory Plan Analysis. For further information, mail
correspondence to Denise Van Keuren, Interdisciplinary Team Leader,
Apache-Sitgreaves National Forests, P.O. Box 640, Springerville, AZ
85938.
FOR FURTHER INFORMATION CONTACT: Denise Van Keuren, Interdisciplinary
Team Leader, Apache-Sitgreaves National Forests (see address above).
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
There is a need for developing a Heber Wild Horse Territory
Management Plan, to be in compliance with the Wild Free-Roaming Horses
and Burros Act of 1971, as amended by Federal Land Policy Management
Act of 1976 and Public Rangelands Improvement Act of 1978, regulation
at 36 CFR, part 222, subpart B, 222.21(a)(4), and the Forest Service's
manual direction at FSM 2263.1. In addition, Item 4 of the ``In Defense
of Animals, et al. vs. United States Forest Service, et al.''
Stipulation Agreement dated March 13, 2007 directs the Forest Service
to develop a Heber Wild Horse Territory Management Strategy, in
accordance with the provisions of the Wild Free-Roaming Horses and
Burros Act of 1971, which requires a Territory Management Plan.
Proposed Action
Develop and implement a plan for the Heber Wild Horse Territory,
setting parameters for determining horse numbers, when and how to
gather horses, which horses would be authorized for the Territory,
population and ecological monitoring. The Heber Wild Horse Territory
and its boundaries were established in 1973 following passage of the
Wild Free-Roaming Horses and Burros Protection Act of 1971. The
territory was designated as an area of about 19,700 acres used by a
known band of horses, south of Heber, Arizona. There has not yet been a
plan developed for the Territory.
Possible Alternatives
The only other alternative identified at this time is No Action--do
not develop a Territory Plan.
Responsible Official
Deryl Jevons, Acting Forest Supervisor, Apache-Sitgreaves National
Forests, P.O. Box 640, Springerville, AZ 85938.
Nature of Decision To Be Made
The decision to be made in this analysis is whether or not to
develop a plan for the Heber Wild Horse Territory, and if so, the main
parameters of the plan. In addition, the Responsible Official may elect
to require certain mitigation measures to minimize environmental
impacts.
Scoping Process
Scoping was initiated in 2007, with a public notice and two open
house meetings in March 2007, both in Overgaard, AZ. Planned scoping
efforts include mailing out a scoping letter and making it available on
the National Forest Web page for the Heber Wild Horse Territory.
Comment Requested
This notice of intent updates the scoping process which guides the
development of the Environmental Impact Statement. Public participation
is important at several points during the analysis process. The first
point is the scoping process (40 CFR 1501.7). The scoping process
includes, but is not limited to: (1) Identifying potential issues; (2)
identifying issues to be analyzed in depth; (3) eliminating
insignificant issues or those that have been covered by a relevant
previous environmental analysis; (4) exploring additional alternatives;
and (5) identifying potential direct, indirect and cumulative
environmental effects of the alternatives.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: A Draft Environmental Impact Statement will be
prepared for comment. The comment period on the Draft Environmental
Impact Statement will be 45 days from the date the Environmental
Protection Agency publishes the notice of availability in the Federal
Register.
The Forest Service believes, at this early stage, it is important
to give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
Draft Environmental Impact Statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's position and
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
553 (1978). Also, environmental objections that could be raised at the
Draft Environmental Impact Statement stage but that are not raised
until after completion of the final Environmental Impact Statement may
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.
2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris,
490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court
rulings, it is very important that those interested in this proposed
action participate by the close of the 45 day comment period so that
substantive comments and objections are made available to the Forest
Service at a time when it can meaningfully consider them
[[Page 47127]]
and respond to them in the final Environmental Impact Statement.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the Draft
Environmental Impact Statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
draft statement. Comments may also address the adequacy of the Draft
Environmental Impact Statement or the merits of the alternatives
formulated and discussed in the statement. Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing
the procedural provisions of the National Environmental Policy Act at
40 CFR 1503.3 in addressing these points.
Comments received, including the names and addresses of those who
comment, will be considered part of the public record on this proposal
and will be available for public inspection.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21.
Dated: July 30, 2008.
Deryl D. Jevons,
Acting Forest Supervisor, Apache-Sitgreaves National Forests.
[FR Doc. E8-18663 Filed 8-12-08; 8:45 am]
BILLING CODE 3410-11-M