# Monitor/Hot Creek Forest Plan Amendment EIS; Humboldt-Toiyabe National Forest; Nye, Eureka and Lander Counties, NV > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A99-18010 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** July 19, 1999 - **Citation:** 64 FR 38623 ## Text DEPARTMENT OF AGRICULTURE Forest Service Monitor/Hot Creek Forest Plan Amendment EIS; Humboldt-Toiyabe National Forest; Nye, Eureka and Lander Counties, NV AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. ----------------------------------------------------------------------- SUMMARY: The Humboldt-Toiyabe National Forest will prepare an environmental impact statement (EIS) to consider amending the Toiyabe National Forest Land and Resource Management Plan (Forest Plan). The amendment will be comprehensive, covering a wide variety of issues needed to update the Forest Plan for the Monitor and Hot Creek Mountain Ranges. DECISION TO BE MADE: The Forest Service will decide whether or not to amend the Forest Plan for the Monitor and Hot Creek Mountain Ranges of the Austin and Tonopah Ranger Districts. The amendment will consider improving the management direction of portions of the Forest Plan and affirm continuation of other aspects of the Forest Plan's management direction for the next 10-15 years. No irreversible or irretrievable commitment of resources (site specific actions) will be taken as a result of this decision. DATES: The public is asked to provide any information they believe the Forest Service should consider and to submit any issues regarding alternatives or potential impacts by October 15, 1999. The agency expects to file the draft EIS with the Environmental Protection Agency and make it available for public comment in January, 2000. The agency expects to file the final EIS in October 2000. MEETINGS: The Humboldt-Toiyabe National Forest will hold several public meetings to discuss the proposed Forest Plan amendment. Comments from the public, other agencies and tribal councils are welcomed. Dates, locations and topics to be discussed for these meetings are: July 8, 1999, 6:00 to 9:00 pm at the Tonopah Convention Center, Tonopah, NV, Topic: Access, Roadless Areas and Transportation Systems; August 19, 1999, 6:00 to 9:00 pm at the Eureka Opera House, Eureka, NV, Topic: Livestock Grazing, Wild Horses and Wildlife; September 9, 1999, 6:00 to 9:00 pm at the Austin Community Hall, Austin, NV, Topic: Recreation Opportunities and Scenic Values; September 30, 1999 6:00 to 9:00 pm at the Hadley Community Center, Hadley, NV, Topic: Mining and Associated Activities; and October 21, 1999, 6:00 to 9:00 pm at the Hadley Community Center, Hadley, NV, Topic: Community Well Being. Additional meetings to be held in Reno and Las Vegas will be scheduled for October, 1999. COMMENTS: Written comments on the information presented here should be submitted to the Central Nevada Planning Team, Attn. Dave McMorran, USDA Forest Service, Humboldt-Toiyabe National Forest, P.O. Box 539, Ely NV 89301. Comments should be received by October 15, 1999. ADDITIONAL INFORMATION: For additional information contract Dave McMorran, Ecosystem Planner, Humboldt-Toiyabe National Forest, P.O. Box 539, Ely, NV 89301, (775) 289-3031. RESPONSIBLE OFFICAL: The Regional Forester for the Intermountain Region located at 324 25th Street, Odgen, Utah 84401 is the responsible official for the action. SUPPLEMENTARY INFORMATION: The proposed amendment will address management of National Forest System lands in the Monitor and Hot Creek Mountain Ranges, which includes portions of Nye, Eureka and Lander Counties, Nevada. This area is part of the Austin and Tonopah Ranger Districts. The substantive changes that will be addressed in the amendment of the Forest Plan are described in the regulations implementing the National Forest Management Act (NFMA). The amendment process begins with monitoring and evaluation of Forest Plan implementation (36 CFR 219.12(k)). It includes public involvement in monitoring and identification of opportunities for improvements to improve management. This NOI signals the development of an EIS for the amendment of the Forest Plan. Based upon monitoring and evaluation results and the information obtained in the Analysis of the Management Situation (AMS), Humboldt-Toiyabe National Forest is proposing to make several improvements to the long-term management direction for the Monitor and Hot Creek Mountain Ranges. The public is invited to comment on the preliminary alternatives which have been identified. Proposed Action The proposed action is to amend the Toiyabe Land and Resource Management Plan to improve management direction. The purpose of the proposed action is to provide long term management direction for the Monitor and Hot Creek Mountain Ranges. The proposed action is needed because existing guidance is more than a decade old. That guidance does not reflect the substantial additions to the National Forest System in the area, the rapidly growing and diversifying population, or the advances in science that have occurred over the last decade. Four alternatives have been prepared to address the topics outlined below. A preferred alternative will be selected during the preparation of the draft EIS based on public comments from this scoping process and the analysis of environmental impacts of the alternatives. Amendment Topics Based on the analysis of the existing direction, monitoring and evaluation of resource conditions, and public comments, the following topics have been identified as having a need for change in management direction: Heritage Resources, American Indian Religious and Cultural Use, Watershed Protection, Species and Ecosystem Viability, Wilderness Management, Roadless Areas, Access, Transportation Systems, Recreation, Visual Resources, Forest Products Management, Livestock Grazing, Wild Horses, Wildlife, and Mining. Publc Comments on the Draft EIS The Draft Environmental Impact Statement is expected to be available for public review and comment in January, 2000. The comment period on the draft environmental impact statement will be [[Page 38624]] at least 90 days from the date the Environmental Protection Agency publishes the notice of availability in the Federal Register. Comments received in response to this solicitation, including names and addresses of those who comment, will be considered part of the public record on this proposed action and will be available for public inspection. Comments submitted anonymously will be accepted and considered. Additionally, pursuant to 7 CFR 1.27(d), any person may request the agency to withhold a submission from the public record by showing how the Freedom of Information (FOIA) permits such confidentiality. Persons requesting such confidentiality should be aware that, under the FOIA, confidentiality may be granted in only very limited circumstances, such as to protect trade secrets. The Forest Service will inform the requester of the agency's decision regarding the request for confidentiality, and where the request is denied, the agency will return the submission and notify the requester that the comments may be resubmitted with or without name and address. 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. 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). 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 important that those interested in this proposed action participate by the close of the comment period so that substantive comments are made available to the Forest Service 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 specific and refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft statement or the merits of the alternatives 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: July 1, 1999. Monica Schwalbach, Acting Forest Supervisor, Humboldt-Toiyabe National Forest. [FR Doc. 99-18010 Filed 7-16-99; 8:45 am] BILLING CODE 3410-11-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-18010. Public record. Not legal advice.