 |
Protect Our
Woods
Working to preserve our rural heritage and quality of life in southern Indiana since 1985 |
Home Site Map Contact Us |
Home News & ALERTS Issues Forum Archives Conservationist's Alternative Klawitter Memorial Downloads Join Us About Us Contact Us Site Map Links |
ALERT - December 4, 2006: Protect Our Woods joins allies to submit a response to the Draft Supplement to the Final Environmental Impact Statement (FEIS) for the German Ridge Restoration Project in Hoosier National Forest22. PERSONS WHO MAY BE INTERESTED OR AFFECTED WERE LEFT OUT OF SCOPING PROCESS FOR THE DSFEIS.On a phone call with Ron Ellis, USFS Bedford Office November 29, 2006, Karyn Moskowitz asked Mr. Ellis why POW, Heartwood and other groups were not informed and included in the scoping process for the DSFEIS. Mr. Ellis stated that “the F.S. did scoping for German Ridge in 2002.” The point being that the F.S. doesn’t have to do scoping again for a DSFEIS.We would like to point out that the Notice of Intent (NOI) to do a DSFEIS stated: “Send written comments to Kenneth Day, Forest Supervisor; Hoosier National Forest; 811 Constitution Avenue; Bedford, IN 47421. Send electronic comments to r9_hoosier_website@fs.fed.us.” And “This notice begins the public involvement process for the Supplement.” Below is the basis to show the Forest Service has to do scoping: The FSH states: "The purpose of a notice of intent to prepare an environmental impact statement is to begin the scoping process for the EIS." 1909.15 FSH § 21.1 *************** Section b below is the key. The definition of "environmental documents" includes a Notice of Intent. So the F.S. was legally required to give notice of the NOI "so as to inform those persons and agencies who may be interested or affected." Clearly the F.S. did not do this. The CEQ Regulations require the Forest Service to give notice of the NOI "so as to inform those persons and agencies who may be interested or affected." 40 CFR § 1506.6(b). 40 CFR § 1506.6 Public involvement. Agencies shall: (a) Make diligent efforts to involve the public in preparing and implementing their NEPA procedures. (b) Provide public notice of NEPA related hearings, public meetings, and the availability of environmental documents so as to inform those persons and agencies who may be interested or affected. (1) In all cases the agency shall mail notice to those who have requested it on an individual action. (2) In the case of an action with effects of national concern notice shall include publication in the FEDERAL REGISTER and notice by mail to national organizations reasonably expected to be interested in the matter and may include listing in the 102 Monitor. An agency engaged in rulemaking may provide notice by mail to national organizations who have requested that notice regularly be provided. Agencies shall maintain a list of such organizations. (3) In the case of an action with effects primarily of local concern the notice may include: (i) Notice to State and area wide clearinghouses pursuant to OMB Circular A 95 (Revised). (ii) Notice to Indian tribes when effects may occur on reservations. (iii) Following the affected State’s public notice procedures for comparable actions. (iv) Publication in local newspapers (in papers of general circulation rather than legal papers). (v) Notice through other local media. (vi) Notice to potentially interested community organizations including small business associations. (vii) Publication in newsletters that may be expected to reach potentially interested persons. (viii) Direct mailing to owners and occupants of nearby or affected property. (ix) Posting of notice on and off site in the area where the action is to be located. Everything stated above is reason enough to consider this DSFEIS insufficient on the grounds of insufficient public involvement due to lack of notification as per NEPA. Click here for Part 23. RecreationProtect Our Woods
PO Box 352 Paoli, Indiana 47454 |