Notice of Intent to Prepare an Environmental Impact Statement to Amend the Land and Resource Management Plan for the Toyable National Forest Spring Mountains National Recreation Area

DEPARTMENT OF AGRICULTURE

Forest Service

Notice of Intent to Prepare an Environmental Impact Statement to

Amend the Land and Resource Management Plan for the Toyable National

Forest Spring Mountains National Recreation Area

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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Preparation of a general management plan for the Spring Mountains

National Recreation area as an amendment to the Toiyabe National Forest

Land and Resource Management Plan (Forest Plan); Toiyabe National

Forest; Spring Mountains National Recreation Area; Clark and Nye

Counties, Nevada.

SUMMARY: Pursuant to the Spring Mountains National Recreation Area Act

(P.L. 103-63) and 36 CFR 219.10(f), the Forest Supervisor for the

Toiyabe National Forest gives notice of the agency's intent to prepare

an environmental impact statement (EIS) for the decision to prepare a

general management plan for the Spring Mountains National Recreation

Area (SMNRA) as an amendment to the Land and Resource Management Plan

for the Toiyabe National Forest. This amendment would make specific

changes in the Forest Plan, as it applies to the SMNRA. This notice

includes a summary of the proposed changes to the Forest Plan, a

description of the need for these changes, and a brief description of

preliminary issues and potential alternatives to the proposed

amendment. This notice also provides estimated dates for filing the

draft and final EIS; information on future public involvement; the name

and address of the responsible official; and the name of the person who

can provide additional information.

DECISION TO BE MADE: The Spring Mountains National Recreation Area is

currently managed under three separate land management plans, developed

independently by different agencies under different authorities and

legislation. One of these is the Forest Plan, which also provides

direction for the rest of the 4.5 million acre Toiyabe National Forest.

Public Law 103-63 directs the Forest Service to ``develop a general

management plan for the Recreation Area as an amendment to the Toiyabe

National Forest Land and Resource Management Plan.''

In January, 1995, the Forest Service released the Analysis of the

Management Situation for the SMNRA. This document reviews the best

available information on the ecosystems and users of the Spring

Mountains, and identifies the need for change in current management

direction. Through the process of environmental analysis, the Forest

Service will decide whether or not to amend the Forest Plan to address

needs for change identified in the Analysis of the Management

Situation. Changes are needed to:

--Meet the direction established in the Spring Mountains National

Recreation Area Act;

--Improve ecosystem health and sustainability by protecting riparian

areas, biodiversity hotspots, habitat for threatened, endangered, and

candidate species, and soil and water quality;

--Establish standards and guidelines to protect heritage resources,

wilderness characteristics, scenic values, and other resources

affecting the public use and enjoyment of the land;

--Respond to population growth and development in Las Vegas and

southern Nevada, and changes in public sentiment regarding management

of the Spring Mountains;

--Identify opportunities for sustainable recreational use and

development;

--Provide management direction for lands transferred to the Forest

Service under the Nevada Enhancement Act of 1988;

--Establish ecosystem management as the organizing philosophy for

management of the SMNRA;

--Identify goals, objectives, and desired future conditions for each

ecological unit of the SMNRA;

--Respond to changes in law and direction in the eight years since the

Forest Plan was approved; and

--Establish a program of monitoring and evaluation to support adaptive

management of the SMNRA.

The proposed amendment would not make any changes in Forest-wide

direction, or in management of other portions of the Toiyabe National

Forest. No irreversible or irretrievable commitment of resources (site-

specific actions) will be made as a result of this decision. The Forest

Plan is a programmatic document; projects to [[Page 16597]] implement

it will involve site-specific environmental analysis and appropriate

documentation.

DATES: The agency expects to file the draft EIS (DEIS) with the

Environmental Protection Agency and make it available for public

comment by November, 1995. The agency expects to file the final EIS by

July, 1996.

MEETINGS AND PUBLIC INVOLVEMENT: Based on public recommendations,

scientific analysis, and the Analysis of the Management Situation, the

Toiyabe National Forest has prepared a proposed amendment to the Forest

Plan for consideration. The Forest Service invites comments and

suggestions from Federal, State and local agencies, American Indian

tribes, individuals, and organizations on issues concerning the effects

of this proposal. The agency has scheduled public meetings to present

and discuss the proposed Forest Plan amendment at:

--Monday, April 10, 7:30 pm, Public Library, Mt. Charleston, NV.

--Tuesday, April 18, 7:00 pm, Chamber of Commerce, Pahrump, NV.

--Tuesday, April 25, 6:00 pm, Cashman Field mtg rms, Las Vegas, NV.

--Date to be arranged, Fire Station, Mountain Springs, NV.

The purpose of these meetings is to discuss the proposed changes to

the Forest Plan and to identify issues associated with those changes.

Written comments are encouraged. Additional meetings with individuals

or groups will be arranged by request.

The Forest has an extensive public mailing list of interested and

affected people, developed during preparation of the Analysis of the

Management Situation, with additions based on participation at each

meeting. The Forest Service will continue to contact everyone on the

mailing list at each stage of the planning process to provide

information and solicit input. Those interested in being added to the

mailing list should call or write to the address below.

In addition, the Forest has continuing contact with federal, state

and local agencies such as the Nevada Division of Wildlife, the Nevada

Division of State Parks, the Bureau of Land Management, the U.S. Fish

and Wildlife Service, the State Historic Preservation Office, the Clark

County Planning Commission, and Congressional representatives. These

agencies, governments and contacts will continue to be part of the

planning effort.

Additional public meetings will be scheduled in June to develop a

wide range of alternatives to the Proposed Amendment which address the

needs identified in the Analysis of the Management Situation, and

respond to the significant issues.

Comments will be of most use to the planning team if received

before August, 1995. Refer to the For Further Information Contact in

this notice for the contact individual.

FOR FURTHER INFORMATION CONTACT: Jerry Ingersoll, Planning Team Leader,

Spring Mountains National Recreation Area, 2881 S. Valley View, Suite

16, Las Vegas, NV 89102. (702) 873-8800.

RESPONSIBLE OFFICIAL: The Forest Supervisor for the Toiyabe National

Forest, located at 1200 Franklin Way, Sparks, NV 89431, is the

Responsible Official and deciding official for this action. The Forest

Supervisor may delegate this responsibility to an Assistant Forest

Supervisor in Las Vegas.

SUPPLEMENTARY INFORMATION: Forest planning is a dynamic process that

builds upon new information and conditions developed since adoption of

a Forest Plan. Forest Plans may be amended as needed. The adoption of a

Forest Plan sets key decisions for the long-term management of a

National Forest. These decisions can be described as:

--Establishment of forest-wide multiple-use goals and objectives (36

CFR 219.11(b));

--Establishment of forest-wide management requirements, or standards

and guidelines (36 CFR 219.13);

--Establishment of management area direction (prescriptions and

associated standards and guidelines) applying to each specific

management area (36 CFR 219.11(c));

--Designation of lands suited or not suited for timber production and

other resource management activities (36 CFR 219.14, 219.15, 219.20 and

219.21);

--Establishment of monitoring and evaluation requirements (36 CFR

219.11(d)); and

--Recommendations to Congress for the establishment of Wilderness, Wild

and Scenic Rivers, Research Natural Areas, and other special

designations, as appropriate.

This proposed Forest Plan amendment is limited in scope. Changes

are proposed in management area direction, suitability for resource

management, monitoring, and recommendations for special designations

for the Spring Mountains National Recreation Area (less than 10% of the

land area of the Toiyabe National Forest). The proposed amendment would

make no changes in forest-wide goals or standards, or in management

direction for any other lands on the Toiyabe National Forest.

The amendment process began with the development of an Analysis of

the Management Situation (AMS) for the Spring Mountains National

Recreation Area (36 CFR 219.12(e)), which was distributed on January

17, 1995. The AMS:

--reflects the results of scientific inventories and surveys;

--compiles public sentiment and suggestions;

summarizes relevant law, regulation, and policy; and

identifies the need for change in current management.

The AMS brings together the best available scientific information

to document the conditions and trends of ecosystems and human uses in

the Spring Mountains. The public was involved in identifying the need

for changes to the Forest Plan, and many groups worked closely with the

planning team to develop the AMS. Between May, 1994, and January, 1995,

the Forest Service held eight open houses and public meetings, made

more than sixty presentations to groups and individuals, and solicited

ideas from more than 600 people. Copies of the AMS may be obtained by

contacting the FOR FURTHER INFORMATION contact identified previously.

Based upon the needs for change identified in the AMS, the Forest

Service is proposing specific changes to the long-term management

direction for the Spring Mountains National Recreation Area. The public

is invited to comment on the proposed changes and to identify

alternatives to the proposal which address the needs identified in the

AMS.

Proposed Action

The Forest Service proposes to provide new management direction for

the Spring Mountains National Recreation Area, one of five districts on

the Toiyabe National Forest. The proposal would:

--designate two new management areas and realign one more to encompass

lands acquired through the Enhancement Act;

--unify management direction for the SMNRA under a single management

plan;

--provide new management prescriptions for the SMNRA, including goals,

objectives, desired future condition, standards, and guidelines for

each of the four management areas involved;

--expand the Carpenter Canyon Research Natural Area to provide

[[Page 16598]] additional protection for the unique resources of

Carpenter Canyon;

--establish a program of monitoring and evaluation specific to the

SMNRA; and

--identify opportunities for sustainable recreational use and

development.

The full text of the Proposed Amendment to the Forest Plan is being

distributed to the Forest Service's mailing list of potentially

interested and affected parties. Copies are available upon request from

the Spring Mountains National Recreation Area Planning Team. See for

further information contact above.

This proposal represents a starting point for discussion; the

Forest Service will consider all reasonable alternatives to the

proposed Forest Plan amendment, including no action (leaving management

direction as it is). Public comment on this proposal will be used to

develop alternatives to the proposed action. The responsible official

may select any alternative developed through this process as the

management plan for the SMNRA; the proposed amendment will not

necessarily be the preferred alternative.

Purpose and Need/Amendment Topics

Not every issue related to Forest Service management is best

addressed through the Forest Plan. Public comment, monitoring of

current activities, and direction from the Spring Mountains National

Recreation Area Act led to the identification of many topics which

might lend themselves to Forest Service action. These topics were

categorized as follows:

--Amendment Topics

--Implementation Topics

--Topics outside the jurisdiction of the Forest Service

--Administrative Topics

--Research Topics

Amendment topics are identified and discussed below. Only those

topics which fall into this category are addressed in the proposed

Forest Plan amendment.

Implementation topics are those where the existing Forest Plan is

adequate, but there have been problems with implementation of the Plan.

One example is use of motor vehicles in the Mr. Charleston Wilderness.

Motor vehicles are clearly prohibited in the Wilderness by the

Wilderness Act of 1964, the Nevada Wilderness Act, and the Forest Plan.

Nevertheless, some use continues to occur, especially at Trough Spring

and Wallace Canyon, where old roads cross the Wilderness boundary. This

problem is being addressed through placement of barriers (boulders,

earth mounds) in road beds, and increased law enforcement.

Topics outside the jurisdiction of the Forest Service include those

where the Forest Service does not have authority to act. These topics

include issues involving private land or land under the management of

other federal agencies (such as the BLM). Some people in the Mt.

Charleston area, for example, are concerned over development of

additional lots in Kyle Canyon. This is a proper subject for Clark

County, but not for the Forest Service, which has no jurisdiction over

private land.

Administrative topics are those which relate to budget, personnel,

or administrative procedures, rather than land management. These are

topics which can be addressed through the Forest Service directives

system, and which do not generally require environmental analysis.

Examples in this category include fees charged by the Forest Service

for campground reservations, group events, and other special land uses.

The Forest Service sets these fees through administrative direction, in

accordance with existing law and regulation.

Research topics are those where additional information, through

research, is needed. Once research topics are identified, they can be

investigated by the Forest Service's Intermountain Forest and Range

Experiment Station, or by public or private universities. One example

is the need to learn more about the ecology of the blackbrush community

and its successional pathways.

Amendment topics are those subjects which can best be resolved by

amending the Forest Plan. These are also known as ``public issues,

management concerns, and resource use and development opportunities''

(36 CFR 219.12(b)). Through work with interested publics, the Planning

Team identified the following fifteen amendment topics in the Analysis

of the Management Situation.

FOREST HEALTH/BIODIVERSITY--The Spring Mountains provide a

unique and fragile ecosystem--an island in the desert--which harbors

many endemic species of plants and animals. As we have learned more

about ecosystem dynamics, and as Las Vegas has grown, we have become

increasingly aware of potential conflicts. The proposed amendment

includes goals, objectives, and standards to assure protection of

ecological health and diversity while providing for sustainable

recreation use and development.

THREATENED, ENDANGERED, AND SENSITIVE SPECIES--The Spring

Mountains provide habitat for four listed threatened and endangered

species, one species proposed for listing, and 54 candidate species,

including 22 which occur nowhere else in the world. Proposed standards

to protect these species are needed to provide for recovery of listed

species, and to keep candidate species from becoming threatened or

endangered. The proposed amendment would include a conservation

agreement with the U.S. Fish and Wildlife Service which could provide a

basis for determinations not to list some candidate species.

WILDLIFE HABITAT--Wildlife of the SMNRA includes native

species ranging from mule deer and desert bighorn sheep to Palmers

chipmunk and chuckwalla. Several game species have also been introduced

to the range, including elk, chukar, and turkey. Wildlife populations

are managed by the Nevada Division of Wildlife. Forest Plan direction

is needed, however, to establish habitat management objectives, and to

set an appropriate balance between native and non-native species.

Proposed objectives, including Appropriate Management Levels (AML's)

for elk, are needed in order to provide direction for habitat

management, and for improvements such as water development.

WILD HORSES AND BURROS--Wild horses and burros on the SMNRA

are managed by the Forest Service under the authority of the Wild

Horses and Burros Protection Act of 1971. Like elk, wild horses and

burros have been introduced to the Spring Mountains, and are maintained

there to provide for public enjoyment. In some areas of the SMNRA, wild

horse populations have increased to the point where riparian and spring

sites are affected; in other areas, forage is so limiting that animal

condition is poor. Proposed objectives, including Appropriate

Management Levels (AML's) are needed in order to provide direction for

management of habitat and populations, and for improvements such as

water development.

ARCHAEOLOGY--Many places in the AMNRA have been used by people

for thousands of years. Often, these people have left behind evidence

of their use of the land, including American Indian rock art and

[[Page 16599]] roasting pits, historic cabins and sawmills, and a

section of the Spanish Trail/Mormon Road. These artifacts and sites

offer us a glimpse of our history and culture, and provide a window on

the dynamics and use of the ecosystem. Proposed management direction is

needed to protect these resources while also allowing for appropriate

interpretation and enjoyment.

RECREATION AND ADMINISTRATIVE FACILITIES--All of the developed

recreation facilities in the SMNRA are located within the old

``Developed Canyons'' management area--15,500 acres in Kyle Canyon, Lee

Canyon, and Deer Creek. Most of the fire and administrative facilities

of the SMNRA are in these same canyons. In Cold Creek, heavy recreation

use occurs with very limited service, facilities, or management. Many

people have suggested dispersing recreation use and facilities over a

wider area; the Nevada Division of State Parks commissioned a 1991

study which identified suitable areas for cooperative development of

state park facilities. The Proposed Amendment includes determinations

of suitability for recreation development, as well as standards and

guidelines for development and management of recreation and

administrative facilities.

WILDLAND/URBAN INTERFACE--The SMNRA, and particularly the

developed canyons of the east slope, are heavily influenced by urban

development centered in Las Vegas. Four small communities are located

within the boundaries of the SMNRA, and further subdivision and

development on private land is likely. Semi-urban areas surrounded by

National Forest System lands often present such issues as fire

suppression and conflict with recreation users. Standards are proposed

to address fire prevention and suppression, scenic quality, water

quality degradation, and loss of wildlife habitat in and around the

wildland/urban interface.

SCENIC QUALITY--One of the principal resources of the SMNRA,

and one of the main reasons for its popularity, is the unique quality

of the area's scenery. Cliffs, towering ponderosa pines, ancient

bristlecones, meadows, and snow-covered peaks all form part of the

attraction of the Spring Mountains to visitors. proposed visual quality

objectives are needed in order to establish standards for management

activities which might affect scenic quality.

WILDERNESS MANAGEMENT--The 43,000 acre Mt. Charleston

Wilderness forms the core of the Spring Mountains National Recreation

Area, and includes the highest peaks in the range. The Wilderness also

includes most of the bristlecone pine forests, and many species of rare

plants and butterflies. Proposed standards and guidelines for

recreational use of Wilderness are needed to protect these fragile

resources.

RECREATION MANAGEMENT--In addition to camping and picnicking

at developed recreation sites, many people enjoy the SMNRA as a place

for sightseeing, horseback riding, mountain biking, off-highway vehicle

use, rock climbing, cave exploration, hiking, backpacking, cross-

country skiing, and group outings. As the population of southern Nevada

grows, these uses can cause damage to natural and cultural features,

and sometimes conflict a bit. Proposed standards are needed to provide

direction for management of these uses in a sustainable manner, within

the capacity of the land.

TRAILS--Of approximately 50 miles of designated trails in the

SMNRA, less than 7 miles are outside the Mt. Charleston Wilderness.

Trail riding opportunities for mountain bikes and off-highway vehicles

(which are excluded from the Wilderness), and for equestrians are

limited. The Spring Mountains offer a great deal of potentially

suitable terrain for multiple-use trails, including opportunities for

development of regional trail networks. Proposed goals and standards

for trail development are needed to suggest appropriate locations and

management for trails.

MONITORING AND RESEARCH--During preparation of the Analysis of

the Management Situation, the Forest Service recognized many fields in

which information to predict environmental effects is limited. As the

Spring Mountains receive unprecedented levels of use, how will

ecosystem health and function be affected? If we continue to suppress

fires, how will vegetation and wildlife habitat change? How is

increasing recreational use affecting historic and prehistoric sites?

Our inventories have often left us with more questions than they have

answered. The proposed program of monitoring and research is needed to

assess the impacts of the management courses we choose, and to permit

us to change course if needed.

LAND ACQUISITION AND DISPOSAL--The boundaries of the SMNRA

include 315,648 acres of national forest system land, and 7,171 acres

of private land. The Spring Mountains National Recreation Area Act

directs the Forest Service to prepare ``an inventory of all lands

within the Recreation Act not presently managed as National Forest

lands that will permit the Secretary to evaluate possible future

acquisitions.'' Land purchases and exchanges are carried out on an

equal value basis with willing buyers and sellers. Proposed direction

for land adjustment is needed to identify which private parcels are

suitable for acquisition, and which national forest parcels, if any,

are available for disposal.

FIRE MANAGEMENT--With increased subdivision and development of

private land within the SMNRA boundaries, management of wildfires

assumes importance beyond simply the protection of national forest

resources. At the same time, successful fire suppression can often lead

to dangerous buildups of fuels, and may result in unwanted changes in

vegetation and wildlife habitat. Proposed direction for fire

suppression, controlled burning, and fuel reduction is needed in order

to retain the historic role of fire in the ecosystem while protecting

lives, property, and natural resources.

PRIVATE AND COMMERCIAL DEVELOPMENTS--From time to time, the

Forest Service receives requests for private, commercial developments

or uses of national forest system land. These may include electronic

sites and public utilities, outfitter/guide uses, competitive trail

rides and other group activities, and even substantial commercial

developments. The Lee Canyon ski area, the electronic sites on Angel

Peak and Mt. Potosi, and several organizational camps are among the

most visible examples of such uses. Proposed standards for special uses

are needed to assist Forest Service managers in identifying which uses

are appropriate.

[[Page 16600]] The Forest Service prepared the proposed action as a

starting point for analysis and scoping. The proposed action is one way

to respond to the need for change--to the above amendment topics. The

Forest Service will use public comment on the proposal to identify

significant issues, and to develop to wide range of alternative

solutions to address these needs.

Preliminary Issues

Through initial scoping, the Forest Service has identified the

following issues relating to the effects of the proposed Forest Plan

amendment. These are preliminary issues--additional scoping and public

involvement will be used to refine and add to this list to develop a

complete understanding of all significant issues related to this

proposal.

--UNCERTAIN EFFECTS TO SENSITIVE SPECIES--For many rare species of

plants and animals, current research and inventories are not sufficient

to identify whether existing uses or alterations to the ecosystem pose

a threat to their existence. While we can sometimes identify

``biodiversity hotspots,'' we do not completely understand the critical

factors necessary to ensure their protection. Scientists and others are

concerned that introduced species (including wild horses and burros),

rock climbing, and proposed expansion of recreational facilities and

trails, especially in Kyle and Lee Canyons and the Wilderness, may

affect rare plants and animals in ways which we do not fully

understand.

--LIMITS TO RECREATIONAL USE--The proposal would limit some

opportunities for recreational use of the Spring Mountains. Proposed

restrictions on equestrian use above timberline, rock climbing in the

Wilderness, expansion of the ski area and other commercial

developments, closure of the Carpenter Canyon road, and restrictions on

development of recreation facilities are, in some peoples' minds,

contrary to the spirit of a national recreation area. Some people are

concerned that the proposed limits on recreational activities go too

far, unnecessarily restricting public use within adequate scientific

basis.

--WILD HORSES AND BURROS--The proposed amendment would set appropriate

management levels (AML's) for wild horses and burros. Some people are

concerned that the proposed AML's are unnecessarily low, and many

threaten the long-term survival of these species in southern Nevada by

reducing genetic diversity. This concern includes the cumulative

effects of other agencies' actions in managing wild horse and burro

herds.

--ELK AND OTHER WILDLIFE--The proposed amendment would set an AML for

elk, and restrict introduction of new non-native species and

augmentation of existing species. Some people believe that the proposed

restrictions on wildlife habitat management will restrict wildlife

populations far below levels that the ecosystem could support, and will

limit the ability of Nevadans to view and hunt game and non-game

wildlife.

--CONTROLLED BURNING--The proposed amendment would encourage controlled

burning in some areas of the Spring Mountains under certain specific

conditions. Some people are concerned that any deliberately set fires

could escape and pose a risk to life and property. This concern also

includes the effects of fire on vegetation, scenery, and wildlife.

Preliminary Alternatives

The Forest Service will evaluate a wide range of alternatives to

the proposed amendment to the Forest Plan, in response to issues

identified in the scoping process. The agency expects to consider at

least the following alternatives, which respond to preliminary issues

identified to date. As new issues are identified through public

involvement, new alternatives may be created, and existing alternatives

modified. Some of these preliminary alternatives may not be analyzed in

detail. The Responsible Official may select the original Proposed

Amendment or any of the alternatives to it as the final management plan

for the Spring Mountains National Recreation Area.

--Alternative A--Continue to manage the Spring Mountains National

Recreation Area under current management plans. Do not amend the Forest

Plan. This is the ``no action'' alternative.

--Alternative B--Maximize protection of natural resources, heritage

resources, and ecosystem health. When in doubt over effects, choose

standards which will involve the least risk to rare species, natural

ecological processes, and heritage resource sites, even if this

involves closing many areas or activities to recreational use. Favor

native species and natural processes, but use prescribed fire to mimic

historic fire regime. Provide for little or no expansion of recreation

opportunities. Close the Spring Mountains Wild Horse Territory, and

place the horses for adoption or remove them to other territories.

--Alternative C--Within the capacity of the ecosystem, maximize

opportunities for recreation (both developed and undeveloped) and

customer service, including trails. roads, campgrounds, and other

facilities. This alternative would still provide basic protection for

threatened and endangered species, and would not permit activities

which endanger the long-term health of the ecosystem. However, public

uses would not be prohibited or restricted without hard scientific

evidence that they are harmful.

--Alternative D--Maintain the same balance of protection and

development as the Proposed Amendment, but provide for the maximum

sustainable populations of wild horses and burros consistent with

maintaining ecosystem health. Provide for water development and other

habitat improvements, and favor wild horses over elk, other wildlife,

and recreation development.

--Alternative E--Maintain the same balance of protection and

development as the Proposed Amendment, but provide for the maximum

sustainable diversity and productivity of wildlife habitat, especially

for game animals, consistent with maintaining ecosystem health.

Encourage introduction of new species which show the potential to

naturalize, as appropriate. Provide for water development and other

habitat improvements, and favor wildlife over wild horses and

recreation development.

--Alternative F--Maintain the same balance of protection and

development as the Proposed Amendment, but do not use controlled burns

or allow natural fires to burn. Suppress all wildfires aggressively,

and use only vegetative treatments to minimize risk to property from

fire.

Public Comments on the Draft EIS

After the Draft Environmental Impact Statement has been published,

the Forest Service will again be actively seeking information, comments

and assistance from Federal, State and local agencies and from

individuals and organizations who may be interested in or affected by

the proposed action. It is very important that those interested in this

proposed action participate at that time.

The DEIS and draft Forest Plan amendment should be available for

public review by about November, 1995. [[Page 16601]] After a comment

period of 90 days, the Final Environmental Impact Statement and Forest

Plan amendment should be completed by September, 1996.

The comment period on the Draft Environmental Impact Statement will

extend 90 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 (1973). 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 90 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 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.

Dated: March 17, 1995.

R.M. ``Jim'' Nelson,

Forest Supervisor.

[FR Doc. 95-7886 Filed 3-30-95; 8:45 am]

BILLING CODE 3410-11-M