[Federal Register: February 25, 2002 (Volume 67, Number 37)]
[Notices]
[Page 8510-8512]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe02-21]
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DEPARTMENT OF AGRICULTURE
Forest Service
Silver Pearl Land Exchange; Eldorado National Forest, El Dorado
and Placer Counties, California
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 (EIS) on a proposal to acquire approximately 3,994 acres of
Sierra Pacific Industries Corporation land in exchange for 2,126 acres
of National
[[Page 8511]]
Forest System land. The purpose of the exchange is to improve land
management efficiencies by consolidating land ownership, while
obtaining lands providing a variety of public benefits, including
ecological and recreational values; and to eliminate the need to
provide access to a private parcel within a roadless (RARE II) area. It
is believed that the integrity of recreational, ecological and economic
values will be improved by the consolidation of ownership resulting
from a land exchange. The values of the lands exchanged must be equal.
DATES: The draft Environmental Impact Statement (EIS) is scheduled to
be completed in June 2002 for public review and comment. The final EIS
is scheduled to be completed by December 2002.
ADDRESSES: Send written comments to Elaine Gee, Project Leader,
Eldorado National Forest, 7600 Wentworth Springs Road, Georgetown, CA
95634.
FOR FURTHER INFORMATION CONTACT: Questions and comments about this EIS
should be directed to Elaine Gee, at the above address, or call her at
530-333-4312.
SUPPLEMENTARY INFORMATION: The Forest Service is initiating this action
in order to exchange lands that will provide a balance in public
benefits while improving management opportunities. Lands within the
Rubicon River Canyon (recommended for Wild and Scenic River status),
the Silver Fork of the American River (a Wild and Scenic eligible
river) and the Pyramid-Bassi Roadless Area (RARE II); lands along the
Pony Express National Historic Trail are proposed for acquisition;
along with other lands containing unique ecological values, valuable
timber resources and important recreational opportunities. The lands to
be exchanged also contain important resource values, including lands
suitable for growth and harvest of commercial conifers and areas that
contain quality wildlife habitat. Also considered is the opportunity to
consolidate lands into contiguous blocks that can be more efficiently
and economically managed, thereby facilitating the ownership objectives
of both the Forest Service and Sierra Pacific Industries Corporation.
All federal lands proposed for exchange are on the Eldorado National
Forest and are in compliance with the land adjustment management
direction in the 1989 Eldorado National Forest Land and Resources
Management Plan.
The exchange meets the public interest requirements in 36 CFR
254.3(b): (1) The resource values and the public objectives served by
the non-federal lands and interests to be acquired are equal or exceed
the resource values and the public objectives served by the federal
lands to be disposed; and (2) the intended use of the disposed federal
land will not substantially conflict with established management
objectives on adjacent federal lands.
Lands will be exchanged on a value for value basis, based on
current fair market value appraisals. The appraisal is prepared in
accordance with the Uniform Standards for Federal Land Acquisition. The
appraisal prepared for the land exchange is reviewed by a qualified
review appraiser to ensure that it is fair and complies with the
appropriate standards. Under the Federal Land Policy and Management Act
of 1976, all exchanges must be equal in value. Forest Service
regulations at 36 CFR 254.3(c) require that exchanges must be of equal
value or equalized pursuant to 35 CFR 254.12 by cash payment after
making all reasonable efforts to equalize values by adding or deleting
lands. If lands proposed for exchange are not equal in value, either
party may make them equal by cash payment not to exceed 25 percent of
the federal land value.
The decision to be made is what lands, if any, should be exchanged
as part of this proposal. The proposed action is to exchange
approximately 2,126 acres of National Forest System land for
approximately 3,994 acres of Sierra Pacific Industries Corporation
land, adjusted for equal value as required by law. Other alternatives
will be developed based on significant issues identified during the
scoping process for the environmental impact statement. All
alternatives will need to respond to the specific condition of
providing benefits equal to or better than the current condition.
Alternatives being considered at this time include: (1) no action and
(2) exchanging lands as identified in the proposed action.
Public participation will be especially important at several points
during the analysis. The Forest Service will be seeking information,
comments, and assistance from the Federal, State, and local agencies
and other individuals or organizations who may be interested in or
affected by the proposed action. To facilitate public participation
information about the proposed action was mailed to all who expressed
interest in the proposed action based on publication in the Eldorado
National Forest Schedule of Proposed Action. The Forest Service hosted
a public meeting/open house to present the proposal at the Eldorado
National Forest Headquarters at 100 Forni Road Placerville, CA on
December 13, 2001. Notification of the additional public scoping
periods will be published in the Mountain Democrat, Placerville, CA.
The DEIS is scheduled to be available in June 2002 and the Forest will
host another public meeting after the draft is mailed to interested
parties.
Comments submitted during the scoping process should be in writing
and should be specific to the proposed action. The comments should
describe as clearly and completely as possible any issues the commenter
has with the proposal. The scoping process includes:
(a) Identifying potential issues;
(b) Identifying issues to be analyzed in depth.
(c) Eliminating nonsignificant issues or those previously covered
by a relevant previous environmental analysis;
(d) Exploring additional alternatives;
(e) Identifying potential environmental effects of the proposed
action and alternatives.
The draft EIS is expected to be filed with the Environmental
Protection Agency (EPA) and to be available for public review by June
2002. EPA will publish a notice of availability of the draft EIS in the
Federal Register. The comment period on the draft EIS will be 45 days
from the date the EPA notice appears in the Federal Register. At that
time, copies of the draft EIS will be distributed to interested and
affected agencies, organizations, and members of the public for their
review and comment. It is very important that those interested in the
management of the Eldorado National Forest participate at that time.
The Forest Service believes it is important to give reviewers
notice at this early stage of several court rulings related to public
participation in the environmental review process. First, reviewers of
a draft EIS 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 EIS stage, but that are
not raised until after completion of the final EIS may be waived or
dismissed by the courts, City of Angoon v. Hodel, 803f. 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
[[Page 8512]]
are made available to the Forest Service at a time when it can
meaningfully consider them and respond to them in the final EIS.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft EIS should
be as specific as possible. It is also helpful if comments refer to
specific pages or chapters of the draft EIS. Comments may also address
the adequacy of the draft EIS 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).
The final EIS is scheduled to be completed in December 2002. In the
final EIS, The Forest Service is required to respond to substantive
comments received during the comment period that pertain to the
environmental consequences discussed in the draft EIS and applicable
laws, regulations, and policies considered in making the decision
regarding this proposal.
John Berry, Forest Supervisor, Eldorado National Forest is the
responsible official. As the responsible official he will document the
decision and reasons for the decision in the Record of Decision. That
decision will be subject to Forest Service appeal regulations (36 CFR
part 215).
Dated: February 19, 2002.
John D. Berry,
Forest Supervisor.
[FR Doc. 02-4368 Filed 2-22-02; 8:45 am]
BILLING CODE 3410-11-M
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