[Federal Register: December 10, 2009 (Volume 74, Number 236)]
[Notices]
[Page 65508-65509]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de09-37]
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DEPARTMENT OF AGRICULTURE
Forest Service
Pacific Southwest Region, Regional Office, California, Sierra
Nevada Forests--Supplemental EIS to the 2004 Sierra Nevada Framework
per November 4, 2009 Court Order
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent to prepare a supplemental environmental impact
statement.
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SUMMARY: The Pacific Southwest Region of the U.S. Forest Service
proposes to prepare a supplemental EIS to the 2004 Sierra Nevada
Framework EIS. This SEIS is intended to accomplish two narrow goals:
(1) Analyze all the alternatives considered in the 2004 SEIS using the
modeling techniques utilized for alternatives S1 and S2 in the 2004
SEIS; and (2) account for the new management objectives of reducing
stand density for forest health, restoring and maintaining ecosystem
structure and composition, and restoring ecosystems after severe
wildfires and other large catastrophic events in all the alternatives
evaluated. The purpose of the SEIS is to comply with two November 4,
2009 court orders from the Eastern District of California which require
the preparation of this narrowly tailored SEIS.
DATES: The Draft SEIS is expected in early February 2010 and the public
comment period will be open for 45 days. The supplemental environmental
[[Page 65509]]
impact statement is expected by May 1, 2010.
FOR FURTHER INFORMATION CONTACT: For further information contact Ron
Pugh, Deputy Regional Planning Director, at US Forest Service, 1323
Club Drive, Vallejo, CA, Phone 707-562-8951.
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: The SEIS proposed in this notice is required
by court orders issued in Sierra Forest Legacy v. Rey, No. 2:05-cv-
00205-MCE-GGH (E.D. Cal. Nov. 4, 2009) and People of the State of
California v. USDA, No. 2:05-cv-00211-MCE-GGH (E.D. Cal. Nov. 4, 2009).
Those orders concluded that the Forest Service was required to remedy
the 2004 Framework's violation of NEPA by preparing a focused SEIS by
May 1, 2010. Specifically, the Court stated as follows:
the Court orders the Forest Service to prepare another supplemental
EIS on the Framework, one that meets the range of alternatives and
analytical consistency identified by the Ninth Circuit in its
decision on the preliminary injunction portion of this case. That
supplemental EIS process is to be completed not later than May 1,
2010. The Ninth Circuit's decision on the 2004 Framework concluded
in a ruling on a motion for a preliminary injunction that the 2004
Framework's SEIS violated NEPA due a failure to properly consider
alternatives. See Sierra Forest Legacy v. Rey, 577 F.3d 1015 (9th
Cir. 2009). The Ninth Circuit found two particular errors, as
excerpted below:
First, USFS altered its modeling techniques between the issuance
of the 2001 FEIS and the 2004 SEIS. Unfortunately, the 2004 SEIS
largely relied on fire risk and timber output figures in the 2001
FEIS, a mistake that was compounded because one of the alternatives
that was considered in 2004 was recalculated under the new
techniques, whereas the rest of the alternatives to which it was
compared were not recalculated. Because USFS failed to account for
its changed modeling techniques in the alternatives it considered,
Legacy has a strong probability of success on the merits under NEPA.
Second, the 2004 SEIS introduced substantively new objectives
from those contained within the 2001 FEIS. The 2004 SEIS repeatedly
stated that its purpose was to ``adjust existing management
direction,'' 2004 SEIS at 3098 (emphasis added), and to broaden the
basic strategy ``to include other management objectives such as
reducing stand density for forest health, restoring and maintaining
ecosystem structure and composition, and restoring ecosystems after
severe wildfires and other large catastrophic disturbance events,''
2004 SEIS at 2994 (emphasis added). The introduction of these new
objectives plainly constituted a change in circumstance that is
``relevant to the development and evaluation of alternatives'' that
USFS must account for * * * in the alternatives it considers.
Purpose and Need for Action
The purpose of this action is to remedy the two flaws found by
the Ninth Circuit, as required in the District Court orders of
November 4, 2009.
Proposed Action
The Forest Service proposes to provide an objective comparison
of all of the alternatives considered in detail in the 2004
Framework, including those carried forward from the 2001 Framework.
Alternatives F1 through F8 will be analyzed using the same modeling
methods that were used for Alternatives S1 and S2 (see Final
Supplemental Environmental Impact Statement for the Sierra Nevada
Plan Amendment, January 2004, Chapter 2). A new SEIS to the 2004
Framework SEIS will be prepared that shows the results of this
analysis. The new SEIS will also consider the objectives of reducing
stand density for forest health, restoring and maintaining ecosystem
structure and composition, and restoring ecosystems after severe
wildfires and other large catastrophic disturbance events, which the
Ninth Circuit found were introduced by the 2004 Framework. A new ROD
consistent with the scope of this supplement will be prepared that
considers all of this updated information.
Responsible Official
Regional Forester, Pacific Southwest Region, U.S. Forest
Service, 1323 Club Drive, Vallejo, CA 94592 is the Responsible
Official.
Nature of Decision To Be Made
The Responsible Official will decide if a different decision
from that reached in the 2004 Framework ROD is warranted when the
range of alternatives flaws identified by the Ninth Circuit are
remedied or if continued implementation of Alternative S2 as
originally chosen in the ROD for the 2004 SEIS is warranted.
Dated: December 9, 2009.
Thomas A. Contreras,
Deputy Regional Forester.
[FR Doc. E9-29446 Filed 12-9-09; 8:45 am]
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