[Federal Register Volume 69, Number 114 (Tuesday, June 15, 2004)]
[Notices]
[Pages 33346-33348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13394]
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DEPARTMENT OF AGRICULTURE
Forest Service
Commercial Pack Stock Use Authorizations for the Ansel Adams and
John Muir Wildernesses; Inyo and Sierra National Forests; Inyo, Fresno,
Madera and Mono Counties, CA
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The USDA Forest Service will prepare an environmental impact
statement for a proposal to authorize outfitting and guiding activities
by up to 22 commercial pack stock operations that serve the John Muir
and Ansel Adams Wilderness areas. The proposed action establishes
limits on the numbers of stock animals used in conjunction with
commercial operators, establishes limits on the commercial group size
at certain locations, determines trail suitability for commercial
operations, and designates campsites for use by commercial stock users.
The proposed action also establishes primary operating areas for
commercial pack stock operations, establishes destination quotas, and
determines grazing suitability.
DATES: Comments concerning the scope of the analysis should be received
no later than July 26, 2004. A draft environmental impact statement is
expected to be filed with the Environmental Protection Agency (EPA) and
be available for public review in January 2005. At that time the EPA
will publish a Notice of Availability in the Federal Register. The
comment period on the draft EIS will be 45 days from the date the EPA
publishes the Notice of Availability. The final EIS is scheduled to be
completed in May 2005.
ADDRESSES: Send written comments to: Pack Stock Use Proposed Action,
Inyo National Forest, 351 Pacu Lane, Suite 200, Bishop, CA 93514.
Electronic comments may be sent to [email protected]. The subject line should read ``Pack Stock Use Proposed
Action.''
FOR FURTHER INFORMATION CONTACT: Mary Beth Hennessy, Wilderness
Specialist, Inyo National Forest, 351 Pacu Lane, Suite 200, Bishop, CA
93514, (760) 873-2448.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
On April 10, 2000, a lawsuit was filed against the Sierra and Inyo
National Forests alleging violations of the National Forest Management
Act, National Environmental Policy Act (NEPA), and the Wilderness Act.
Specifically, it was claimed that commercial pack stations were issued
special use permits to operate in the Ansel Adams and John Muir
Wilderness areas without assessing, in advance through the NEPA
process, the environmental impacts of these activities. On June 4,
2001, the judge overseeing the lawsuit issued a ruling on the
litigation and found in favor of the plaintiffs, although only on the
NEPA claim. The Court determined that the Forest Service failed to
adequately document environmental impacts as required by the NEPA. On
November 1, 2001, a Court Order was issued that required the Forest
Service to complete the NEPA process for these permits no later than
2006. The Court specifically required that a cumulative impacts
analysis be included in the NEPA
[[Page 33347]]
process and that this analysis consider limits on numbers of stock
animals used in conjunction with commercial operators, limits on the
group size (people and number of stock both on and off trail), trail
suitability for various use types, and designation of campsites for use
by commercial pack stations.
The purpose of this proposed action is to: (1) Identify where, at
what level and what type of use each commercial pack stock operator
will be authorized to provide; (2) ensure that the commercial pack
stock operations comply with applicable law, the Land and Resource
Management Plans for the Inyo and Sierra National Forests, and with
Forest Service policy; (3) provide for resource protection, including
protection of wilderness character, while meeting the identified need
for commercial pack stock services by the public; and (4) comply with
the Court Order.
The Forest Service needs to make a decision on the specific terms
and conditions that will be incorporated into the authorizations for
commercial pack stock operations in these two wilderness areas. Most of
the special use permits issued to existing commercial pack stock
operations have expired or are due to expire in the next few years.
Operations continue to be authorized pursuant to the Court Order, with
specified conditions and restrictions, until a new NEPA analysis is
completed and new special use permits are issued.
Proposed Action
To meet the purpose and need, the Forest Service proposes to
authorize use and occupancy for outfitting and guiding activities for
up to 22 commercial pack stock operators that provide these services in
the Ansel Adams and John Muir Wildernesses. This proposed action will
impose terms, conditions, and appropriate use levels for these
activities to be incorporated into the special use permit.
Specifically, the proposed action includes the following: (1)
Designation of stock camps for commercial operators; (2) approval or
disapproval of use of non-system trails by commercial stock operators;
(3) determination of grazing suitability and allocations of stock
nights for specific grazing areas; (4) determination of appropriate
party size by location; (5) approval, maintenance, or the elimination
of pack stock holding facilities (e.g., drift fences); (6)
identification of certain system trails as ``not recommended for
stock'' which will preclude their use by commercial pack stock
operators; (7) determination of appropriate camp fire areas; and (8)
protection of heritage resources and traditional Native American
cultural resources. The proposed action includes actions that will be
common to all analysis units in the John Muir and Ansel Adams
Wildernesses and actions that are site-specific to areas within the
analysis units.
Possible Alternatives
In addition to the Proposed Action, a No Action alternative, as
required by the NEPA, will be analyzed. The No Action alternative to be
analyzed would allow for the expiration of current commercial pack
stock authorizations for the Ansel Adams and John Muir Wilderness
areas.
Responsible Official
The responsible officials are Jeffrey E. Bailey, Forest Supervisor,
Inyo National Forest, 351 Pacu Lane, Suite 200, Bishop, CA 93514 and
Edward C. Cole, Forest Supervisor, Sierra National Forest, 1600
Tollhouse Road, Clovis, CA 93611.
Nature of Decision To Be Made
The decision to be made is whether to authorize outfitting and
guiding use and activities by commercial pack stock operations in the
John Muir and Ansel Adams Wilderness areas as proposed or as modified
in response to the analysis of identified issues and alternatives. This
decision is intended to meet the court ordered cumulative effects
analysis for these two wilderness areas. This decision may require an
amendment to the two forest land and resource management plans.
Scoping Process
The Forest Service is seeking information, comments, and assistance
from Federal, State, and local agencies, tribes, individuals and other
organizations that may be interested in or affected by the proposed
action. Comments submitted during the scoping process should be in
writing. They should be specific to the action being proposed and
should describe as clearly and completely as possible any issues the
commenter has with the proposal. This input will be used in preparation
of the draft EIS.
To facilitate public participation, additional scoping
opportunities will include a public scoping letter, public meetings
(dates and locations to be determined), newsletters, and information
posted on the Inyo and Sierra National Forests' Web sites.
Comment Requested
This notice of intent initiates the scoping process which guides
the development of the environmental impact statement. The Forest
Service would like to know of any issues, concerns and suggestions you
may have about this proposal. The complete proposed action is highly
detailed and site specific. Copies of the complete document may be
obtained upon request by contacting MaryBeth Hennessy (see FOR FURTHER
INFORMATION, above).
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: 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
comment period so that substantive comments and objections are made
available to the Forest Service at a time when it can meaningfully
consider them 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.
[[Page 33348]]
(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, section 21)
Dated: June 7, 2004.
Edward C. Cole,
Forest Supervisor, Sierra National Forest.
Dated: June 7, 2004.
Jeffrey E. Bailey,
Forest Supervisor, Inyo National Forest.
[FR Doc. 04-13394 Filed 6-14-04; 8:45 am]
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