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35029

Notices Federal Register


Vol. 72, No. 122

Tuesday, June 26, 2007

This section of the FEDERAL REGISTER requirements of 35 U.S.C. 209 and 37 N. 8th St., Medford, Wisconsin 54451.
contains documents other than rules or CFR 404.7. Send electronic comments to:
proposed rules that are applicable to the jdarnell01@fs.fed.us with a subject line
public. Notices of hearings and investigations, Richard J. Brenner,
that reads ‘‘Medford Aspen Project’’.
committee meetings, agency decisions and Assistant Administrator.
FOR FURTHER INFORMATION CONTACT: Jane
rulings, delegations of authority, filing of [FR Doc. 07–3132 Filed 6–25–07; 8:45 am]
petitions and applications and agency Darnell, Environmental Coordinator,
BILLING CODE 3410–03–M Medford-Park Falls Ranger District,
statements of organization and functions are
examples of documents appearing in this Chequamegon-Nicolet National Forest,
section. USDA Forest Service: telephone 715–
DEPARTMENT OF AGRICULTURE 748–4875 (or TTY: 711, National Relay
Forest Service System), e-mail jdarnell01@fs.fed.us. To
DEPARTMENT OF AGRICULTURE mail correspondence to Jane Darnell, see
Medford Aspen Project information in ADDRESSES. Copies of
Agricultural Research Service documents may be obtained at the same
AGENCY: Forest Service, USDA. address. Another means of obtaining
Notice of Intent to Grant Exclusive ACTION:Notice of intent to prepare an information is to visit the Forest Web
License environmental impact statement. site at: http://www.fs.fed.us/r9/cnnf/
AGENCY: Agricultural Research Service, natres/index.html.
SUMMARY: The USDA Forest Service,
USDA. SUPPLEMENTARY INFORMATION: The
Chequamegon-Nicolet National Forest,
Medford-Park Falls Ranger District information presented in this notice is
ACTION: Notice of intent.
intends to prepare an environmental included to help the reviewer determine
SUMMARY: Notice is hereby given that impact statement (EIS) to document the if they are interested in or potentially
the U.S. Department of Agriculture, analysis and disclose the environmental affected by this proposed project. The
Agricultural Research Service, intends effects of proposed land management information presented in this notice is
to grant to Leeward Biotechnology, Inc. activities, and corresponding summarized. Those who wish to
of Hartland, Wisconsin, an exclusive alternatives within the Medford Aspen comment on this proposal or are
license to U.S. Patent No. 5,451,400, project area. The primary purpose of otherwise interested in or potentially
‘‘Mucosal Competitive Exclusion Flora’’, this proposal is to implement activities affected by it are encouraged to review
issued on September 19, 1995. consistent with direction in the more detailed documents such as the
Chequamegon-Nicolet National Forests Proposed Action for the Medford Aspen
DATES: Comments must be received by Project (currently available for review)
July 26, 2007. Land and Resource Management Plan
(Forest Plan) and respond to specific and the draft EIS. See the preceding
ADDRESSES: Send comments to: USDA, needs identified in the project area. section of this notice for the person to
ARS, Office of Technology Transfer, The project area is located on contact for more detailed information
5601 Sunnyside Avenue, Rm. 4–1174, National Forest System land in the about this project.
Beltsville, Maryland 20705–5131. northern portion of the Medford Project Background
FOR FURTHER INFORMATION CONTACT: June landbase of the Medford-Park Falls
The Medford Aspen project falls
Blalock of the Office of Technology Ranger District, approximately 10 miles
within the area defined in the
Transfer at the Beltsville address given northwest of Medford, Wisconsin. The
Chequamegon-Nicolet National Forests
above; telephone: 301–504–5989. legal description for the area is:
2004 Land and Resource Management
Township 32 North, Range 3 West,
SUPPLEMENTARY INFORMATION: the Plan (Forest Plan) as Management Area
sections 1,12–13, 24; Township 32
Federal Government’s patent rights in (MA) 1A. Guidance in the Forest Plan
North, Range 2 West, sections 3–10, 16–
this invention are assigned to the United identifies this area to be managed for
19; Township 32 North, Range 1 West,
States of America, as represented by the early successional forest communities
sections 1–6, 9–10, 12–14; Township 32
Secretary of Agriculture. It is in the such as aspen, balsam fir, and paper
North, Range 1 East, sections 4–9, 16–
public interest to so license this birch. Forest Plan guidance
18; Township 33 North, Range 2 West,
invention as Leeward Biotechnology, recommends certain percentages of the
sections 2–5, 8–11, 13–16, 21–28, 34–
Inc. of Hartland, Wisconsin has aspen be within certain age categories in
35; Township 33 North, Range 1 West,
submitted a complete and sufficient order to maintain the aspen type and
sections 1–3, 10–12, 13, 18–19, 28–35;
application for a license. The provide a variety of wildlife habitat.
and Township 33 North, Range 1 East,
prospective exclusive license will be Within the project area, about 23
sections 6–7, 31–32; Fourth Principal
royalty-bearing and will comply with percent of the aspen is 45 years old or
Meridian.
the terms and conditions of 35 U.S.C. older. The Forest Plan recommended
209 and 37 CFR 404.7. The prospective DATES: Comments concerning the scope percentage of aspen in this age class is
exclusive license may be granted unless, of the analysis must be received within between 5 and 15 percent. Aspen is a
within thirty (30) days from the date of 30 days of publication of this notice to fairly short lived tree species and as
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this published Notice, the Agricultural receive timely consideration in the aspen surpasses the age of 45, growth
Research Service receives written preparation of the draft EIS. and vigor of the trees start to decline. By
evidence and argument which ADDRESSES: Send written comments to 60 years of age, aspen is declining to the
establishes that the grant of the license Jeanne Higgins, c/o Jane Darnell, point where it looses the ability to
would not be consistent with the Medford-Park Falls Ranger District, 850 regenerate itself. By harvesting aspen

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35030 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Notices

before it reaches this stage, the aspen Regional Forester Sensitive Species EIS in the Federal Register. Comments
forest type can be maintained. (RFSS); potential effects on heritage received on the draft EIS will be used
resources; potential effects on forest age in preparation of a final EIS. We expect
Purpose and Need for Action
structure as it relates to forest health to file the notice of the availability of
The primary purpose of the Medford and wildlife species; potential effects on the final EIS and Record of Decision
Aspen proposal is to implement water, wetlands, and soils; and some (ROD) in the Federal Register in April
activities consistent with direction in potential economic and social impacts 2008.
the Forest Plan and to respond to (such as visual quality, recreation).
specific needs identified in the project Early Notice of the Importance of
area. The primary project-specific need Possible Alternatives Public Participation in Subsequent
is to address the older declining aspen, Alternatives to the proposed action
much of which is approaching 60 years that are currently being considered for Environmental Review
of age and losing the ability to display in the draft EIS are as follows: The Forest Service believes, at this
regenerate itself back into productive The required No Action alternative and early stage, it is important to give
aspen forest. This need will be met an alternative that harvests more or less reviewers notice of several court rulings
through timber harvest. An associated of the mature aspen than the proposal. related to public participation in the
need is to provide a safe and efficient
Nature of the Decision To Be Made environmental review process. First,
transportation system near and within
The primary decision will be whether reviewers of the draft EIS must structure
the areas being proposed for harvest.
or not to implement the proposed their participation in the environmental
Proposed Action projects or alternatives of the projects review of the proposal so that it is
The proposed land management within the project area that respond to meaningful and alerts an agency to the
activities (proposed actions), include the purpose and need. The decision may reviewer’s position and contentions.
the following, with approximate acreage also include additional resource Vermont Yankee Nuclear Power Corp. v.
and mileage values: protection measures, monitoring, and NRDC, 435 U.S. 519, 553 (1978). Also,
(1) The following activity addresses whether Forest Plan amendments are environmental objections that could be
the need arising from an abundance of needed to implement the decision. raised at the draft EIS stage but that are
mature, declining aspen in the project not raised until after completion of the
area: Responsible Official
final EIS may be waived or dismissed by
Clearcut regeneration harvest on Jeanne Higgins, Forest Supervisor, the courts. City of Angoon v. Hodel, 803
about 1660 acres of aspen in MA 1A has Chequamegon-Nicolet National Forest, F.2d 1016, 1022 (9th Cir. 1986) and
been identified in the proposed action. 1170 4th Avenue South, Park Falls, WI Wisconsin Heritages, Inc. v. Harris, 490
This even-aged method of harvest 54552. F. Supp. 1334, 1338 (E.D. Wis. 1980).
removes most trees in the area, which Because of these court rulings, it is very
Comment Requested
encourages natural regeneration of important that those interested in this
aspen and other early successional This notice of intent initiates the
proposed action participate by the close
forest species. scoping proces which guides the
of the 45-day comment period so that
(2) The following projects address development of the EIS. Comments in
substantive comments and objections
transportation needs for timber harvest response to this solicitation for
information should focus on (1) the are made available to the Forest Service
and for providing a safe and efficient
proposal; (2) issues or impacts from the at a time when it can meaningfully
transportation system:
About 5 miles of temporary road proposal; and (3) possible alternatives consider them and respond to them in
construction and about 1 mile of for addressing issues associated with the the final EIS.
permanent road construction is needed proposal. We are especially interested in To assist the Forest Service in
to accomplish harvest activities. information that might identify a identifying and considering issues and
Temporary logging roads are roads that specific undesired result of concerns on the proposed action,
would be decommissioned and implementing the proposed actions. comments on the draft EIS should be as
revegetated following project Comments received in response to specific as possible. It is also helpful if
completion. this solicitation and subsequent comments refer to specific pages or
About 3 miles of existing road would solicitations, including names and chapters of the draft EIS. Comments
be utilized for the harvest activity and addresses of those who comment, will may also address the adequacy of the
then be decomissioned and revegetated. be considered part of the public record draft EIS or the merits of the alternatives
These roads are not Forest system roads. and will be available for public formulated and discussed in the draft
They were probably utilized for past inspection. Comments submitted EIS. Reviewers may wish to refer to the
harvest activity, but since they would anonymously will be accepted and Council on Environmental Quality
not be needed again for many years (20– considered; however, those who submit Regulations for implementing the
40), they will be dropped from our road anonymous comments will not have procedural provisions of the National
inventory following decommissioning standing to appeal the subsequent
Environmental Policy Act at 40 CFR
activity. decision under 36 CFR part 215. See the
1503.3 in addressing these points.
About 14 miles of existing road would section titled ADDRESSES in this notice
be used and added to the Forest’s for location of where to send comments. Authority: 40 CFR 1501.7 and 1508.22;
transportation system. These roads Forest Service Handbook 1909.15, Section
Estimated Dates for Filing 21.
would be maintained to meet future
access needs. The draft EIS is expected to be filed Dated: June 18, 2007.
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with the Environmental Protection


Preliminary Issues Jeanne Higgins,
Agency and be available for public
Preliminary issues are as follows: review in December 2007. A 45-day Forest Supervisor.
Potential effects on some federally comment period will follow publication [FR Doc. E7–12314 Filed 6–25–07; 8:45 am]
threatened or endangered species and of a Notice of Availability of the draft BILLING CODE 3410–11–P

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