Nicore Mining Plan of Operation, Siskiyou National Forest, Josephine County, Oregon

DEPARTMENT OF AGRICULTURE

Forest Service

Nicore Mining Plan of Operation, Siskiyou National Forest,

Josephine County, Oregon

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: The USDA, Forest Service, in cooperation with the Bureau of

Land Managment, will prepare an Environmental Impact Statement (EIS) to

disclose the environmental impacts for a site-specific Proposed Action

to approve a Plan of Operation for access and mining with mitigation,

in the West Fork Illinois River drainage, of the Illinois Valley Ranger

District, Siskiyou National Forest, Josephine County, Oregon. These are

two access alternatives presently under consideration. The Agency gives

notice of the full environmental analysis and decision-making process

that will occur on the Proposed Action, so that interested and affected

persons are aware of how they may participate and contribute to the

analysis.

DATES: Issues with the Proposed Action must be received in writing

before May 5, 1997.

ADDRESSES: Submit written issues with the Proposed Action to Mary

Zuschlag, District Ranger, Illinois Valley Ranger District, 26568

Redwood Highway, Cave Junction, Oregon, 97523.

FOR FURTHER INFORMATION CONTACT: Direct questions about the Proposed

Action and EIS to Don McLennan, Interdisciplinary Team Leader, Illinois

Valley Ranger District, 26568 Redwood Highway, Cave Junction, Oregon,

97523 or by calling (541) 592-2166.

SUPPLEMENTARY INFORMATION: The 1872 Mining Law, Section 1 states that

all valuable mineral deposits in lands belonging to the United States

are to be free and open to exploration.

The 1970 Mining and Minerals Policy Act declares that it is the

policy of the Federal Government to foster and encourage private

enterprise in the development of economically sound and stable domestic

mining, minerals, metal and mineral reclamation industries. The Act

also declares that it is the policy of the Federal Government to foster

and encourage private enterprise in the orderly and economic

development of domestic mineral resources.

In preparing the EIS, the Agency will tier to the Amended Land and

Resource Management Plan for the Siskiyou National Forest, consider

submitted written issues with Proposed Action, and develop additional

alternatives that respond to the significant issues with the Proposed

Action. In addition, the agency will analyze a no-action alternative.

Public participation will be important at several times during the

analysis. The first time is during the scoping period [Reviewer may

wish to refer to the Council on Environmental Quality Regulations for

implementing the procedural provisions of the National Environment

Policy Act (CFR) at 40 CFR 150.7]. The Agency will be seeking written

issues with the Proposed Action from Federal, State, and local

agencies, any affected Indian tribes, the permit applicant, and other

individuals who may be interested in or affected by the Proposed

Action. This input will be

[[Page 15650]]

used to develop additional alternatives. The scoping process includes:

1. Contacting Federal, State, and local agencies, any affected

Indian tribes, the permit applicant, and other individuals who may be

interested in or affected by the Proposed Action.

2. Identifying potential issues.

3. Selecting significant issues with the Proposed Action, needing

in-depth analysis.

4. Eliminating insignificant issues; issues that have been analyzed

and documented in a previous EIS, issues that controvert the need for

the Proposed Action, or issues that are outside the authority of the

Responsible Official to decide.

5. Identifying resources that have a potential for being effected

by the Proposed Action.

The Draft EIS is expected to be filed with the Environmental

Protection Agency (EPA) and be available for review by July 1997. At

that time, EPA will publish a Notice of Availability for the Draft EIS

in the Federal Register.

A 45-day comment period for the Draft EIS will be from the date the

EPA's Notice of Availability appears in the Federal Register. To assist

the Agency, comments on the Draft EIS will need to be written, be as

specific as possible, refer to specific pages and chapters of the Draft

EIS, and address either the adequacy of the Draft EIS or the merits of

the alternatives discussed in the Draft EIS (40 CFR 1503.3).

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 process of

the Proposed Action so that it is specific, 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 early-on in the

environmental review process, 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, 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 are available to the

Agency at a time when the Agency can meaningfully consider and respond

to them in the Final EIS.

After the 45-day comment period ends on the Draft EIS, comments

will be considered and analyzed by the Agency in preparing the Final

EIS. The Final EIS is scheduled to be completed by December 1997. In

the Final EIS, the Agency is required to respond to the comments

received (40 CFR 1503.4).

The Responsible Official will be Mike Lunn, Forest Supervisor, who

will consider the Final EIS, applicable laws, regulations, policies,

and analysis files in making decision regarding this Proposed Action.

The Responsible Official will document the decision and rationale in

the Record of decision. That decision will be subject to appeal by the

general public under 36 CFR 215 and by the miner under 36 CFR 251.

Dated: March 25, 1997.

Liz Agpaoa,

Acting Forest Supervisor.

[FR Doc. 97-8339 Filed 4-1-97; 8:45 am]

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