Notices. Notice of intent to prepare an environmental impact statement

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BILLING CODE 3410-11-M DEPARTMENT OF AGRICULTURE Forest Service Stanislaus National Forest, CA; Notice of Intent To Prepare an Environmental Impact Statement for Public Wheeled Motorized Travel Management AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. SUMMARY: The Stanislaus National Forest

(STF)will prepare an environmental impact statement disclosing the impacts of the following proposed actions: 1. Add approximately 126.2 miles of existing unauthorized routes to the National Forest System

(NFS)of trails open to public wheeled motorized use. 2. Add approximately 0.03 miles of unauthorized routes to the NFS of roads open to public wheeled motorized use. 3. Convert approximately 16.3 miles of existing NFS roads to NFS trails open to public wheeled motorized use. 4. Change approximately 11.6 miles of existing NFS roads closed to public wheeled motorized use to NFS roads open to public wheeled motorized use. 5. Change approximately 24.5 miles of existing NFS roads open to public wheeled motorized use to NFS roads closed to public wheeled motorized use. 6. Change approximately 73.7 miles of existing NFS roads open to highway legal vehicles only to NFS roads open to all public wheeled motorized use. 7. Change approximately 214.2 miles of existing NFS roads open to all public wheeled motorized use to NFS roads open to highway legal vehicles only. 8. Prohibit public motorized travel off of designated NFS roads and trails except where:

(a)traveling up to 100 feet off of designated NFS roads and NFS trails for direct access to campsites, parking, woodcutting, or gathering forest products provided that no resource damage occurs and such access is not otherwise prohibited, totaling approximately 2,272.9 miles or,

(b)allowed by permit or other authorization, totaling 1.0 miles. 9. Provide for certain seasonal closures to wheeled motorized travel on NFS roads and trails to protect resources, totaling approximately 837.5 miles. DATES: Comments on the proposed action should be submitted within 45 days of the date of publication of this Notice of Intent. Completion of the draft environmental impact statement is expected in May 2008 and the final environmental impact statement is expected in October 2008. ADDRESSES: Send written comments to: Stanislaus National Forest, Attn: Motorized Travel; 19777 Greenley Road; Sonora, CA 95370. Electronic comments, in acceptable plain text (.txt), rich text (.rtf), or Word (.doc) formats, may be submitted to *comments-pacificsouthwest-stanislaus@fs.fed.us* with Subject: Motorized Travel. FOR FURTHER INFORMATION CONTACT: Sue Warren, Stanislaus National Forest, 19777 Greenley Road; Sonora, CA 95370; phone:

(209)532-3671 ext. 321; e-mail: *swarren@fs.fed.us* . SUPPLEMENTARY INFORMATION: General Background Over the past few decades, the availability and capability of motorized vehicles, particularly off-highway vehicles

(OHVs)and sport utility vehicles

(SUVs)has increased tremendously. Nationally, the number of OHV users has climbed sevenfold in the past 30 years, from approximately 5 million in 1972 to 36 million in 2000. The ten states with the largest populations also have the most OHV use. California has 4.5 million OHV recreationists, accounting for almost 11% of the U.S. total (Off-Highway Vehicle Recreation in the United States, Regions, and States: A National Report from the National Survey on Recreation and the Environment (NSRE); Cordell, Betz, and Owens, June 2005). There were 786,914 ATVs and OHV motorcycles registered in 2004, up 330% since 1980. Annual sales of ATVs and OHV motorcycles in California were the highest in the U.S. for the last 5 years. Four-wheel drive vehicle sales had also increased by 1500% to 3,046,866 from 1989 to 2002 in California. On August 11, 2003, the Pacific Southwest Region of the Forest Service entered into a Memorandum of Intent

(MOI)with the California Off-Highway Motor Vehicle Recreation Commission and the Off-Highway Motor Vehicle Recreation Division of the California Department of Parks and Recreation. That MOI set in motion a region-wide effort to “designate OHV roads, trails, and any specifically defined open areas for motorized wheeled vehicles on maps of the 19 National Forests in California by 2007.” On November 9, 2005, the Forest Service published final travel management regulations in the **Federal Register** (FR Vol. 70, No. 216-Nov. 9, 2005, pp 68264-68291). This final Travel Management Rule requires designation of those roads, trails, and areas that are open to motor vehicle use on National Forests. Designations will be made by class of vehicle and, if appropriate, by time of year. The final rule prohibits the use of motor vehicles off the designated system as well as use of motor vehicles on routes and in areas that are not designated. Unmanaged Off-Highway Vehicle

(OHV)use has resulted in unplanned roads and trails; erosion, watershed and habitat degradation; and impacts to cultural resource sites. Compaction and erosion are the primary effects of OHV use on soils. Riparian areas and aquatic dependent species are particularly vulnerable to OHV use. Unmanaged recreation, including impacts from OHVs, is one of “Four Key Threats Facing the Nation's Forests and Grasslands.” (USDA Forest Service, June 2004). Forest Background In accordance with the MOI, the STF completed an inventory of motorized use on NFS lands in 2005 and identified approximately 270 miles of unauthorized routes. The STF then used an interdisciplinary process to conduct travel analysis that included working with the public to determine whether any of the inventoried motorized routes should be proposed for addition to the STF transportation system. Roads and trails that are currently part of the STF transportation system and are open to wheeled motorized vehicle travel will be designated for such use as described below under the Proposed Action. The proposed action focuses only on the prohibition of wheeled motorized vehicle travel off designated routes and needed changes to the STF transportation system, including the addition of unauthorized routes to the STF transportation system and changes to existing motor vehicle restrictions. The proposed action is being carried forward in accordance with the Travel Management Rule (36 CFR Part 212). Following a decision on this proposal, the STF will publish a Motor Vehicle Use Map

(MVUM)identifying all STF roads and trails that are designated for motor vehicle use. The MVUM shall specify the classes of vehicles and, if appropriate, the times of year for which use is designated. Purpose and Need for Action Recent travel analysis identified a need to make changes to the NFS of roads and motorized trails. These needs include: 1. There is a need for regulation of unmanaged wheeled motorized vehicle travel by the public. Currently, wheeled motorized vehicle travel by the public is not prohibited off designated routes. As a result, motorized vehicle users have created numerous unauthorized routes. The number of such routes continues to grow each year with unaddressed environmental impacts and safety concerns. The Travel Management Rule, 36 CFR Part 212, provides policy for ending this trend of unauthorized route proliferation and managing the Forest transportation system in a sustainable manner through designation of motorized NFS roads, trails and areas, and the prohibition of cross-country travel. 2. There is a need for limited changes to the National Forest Transportation System to: 2.1 Provide a diversity of wheeled motorized recreation opportunities (4WD, motorcycles, ATVs, passenger vehicles, etc.). 2.2 Provide wheeled motorized access to dispersed recreation opportunities such as camping, hunting, fishing, hiking, horseback riding, etc. 2.3 Protect FS administrative sites and protect hydropower facilities. It is Forest Service policy to provide a diversity of road and trail opportunities for experiencing a variety of environments and modes of travel consistent with the National Forest recreation role and land capability (FSM 2353.03(2)). In meeting these needs the proposed action must also achieve the following purposes: a. Avoid impacts to cultural resources. b. Provide for public safety. c. Provide for a diversity of recreational opportunities. d. Assure adequate access to public and private lands. e. Provide for adequate maintenance and administration of designations based on availability of resources and funding to do so. f. Minimize damage to soil, vegetation and other forest resources. g. Avoid harassment of wildlife and significant disruption of wildlife habitat. h. Minimize conflicts between wheeled motor vehicles and existing or proposed recreational uses of NFS lands. i. Minimize conflicts among different classes of wheeled motor vehicle uses of NFS lands or neighboring federal lands. j. Assure compatibility of wheeled motor vehicle use with existing conditions in populated areas, taking into account sound, emissions, etc. k. Honor valid existing rights of use and access (rights-of-way). Proposed Action Based on the stated purpose and need for action, and as a result of the travel analysis process, the STF proposes to change the use of 324 miles of NFS roads and add approximately 142.5 miles to its NFS motorized trails. These changes would adjust the total NFS roads to approximately 3,415 miles and the total NFS motorized trails to 186.2 miles. The proposed action includes the following items: 1. Add approximately 126.2 miles of existing unauthorized routes to the National Forest System

(a)Traveling up to 100 feet off of designated NFS roads and NFS trails for direct access to campsites, parking, woodcutting, or gathering forest products provided that no resource damage occurs and such access is not otherwise prohibited, totaling approximately 2,272.9 miles or,

(b)allowed by permit or other authorization, totaling 1.0 miles. 9. Provide for certain seasonal closures to wheeled motorized travel on NFS roads and trails to protect resources, totaling approximately 837.5 miles. Maps and tables describing in detail both the STF transportation system and the proposed action can be found at *http://www.fs.fed.us/r5/stanislaus/projects/ohv* . In addition, maps and tables will be available for viewing at: Stanislaus National Forest, 19777 Greenley Road, Sonora, CA 95370; Calaveras Ranger District, PO Box 500 (Highway 4), Hathaway Pines, CA 95233; Groveland Ranger District, 24545 Highway 120, Groveland, CA 95321; Mi-Wok Ranger District, PO Box 100 (24695 Highway 108), Mi-Wuk Village, CA 95346, and Summit Ranger District, #1 Pinecrest Lake Road, Pinecrest, CA 95364. Responsible Official Tom Quinn, Forest Supervisor, Stanislaus National Forest, Supervisor's Office, 19777 Greenley Road, Sonora, CA 95370. Nature of Decision To Be Made The project area is forestwide (outside of Wilderness and other non-motorized areas). The responsible official will decide whether to adopt and implement the proposed action, an alternative to the proposed action, or take no action to make changes to the existing Stanislaus National Forest Transportation System and prohibit cross country wheeled motorized vehicle travel by the public off the designated system. Previous NEPA decisions that addressed motorized use of NFS roads and trails on three areas on the Forest: The Summit Ranger District, the Interface Trails, and the Granite Watershed Enhancement Project on Groveland, are not being reconsidered at this time. Once the decision is made, the Stanislaus National Forest will publish a Motor Vehicle Use Map

(MVUM)identifying the roads, trails and areas that are designated for motor vehicle use. The MVUM shall specify the classes of vehicles and, if appropriate, the times of year for which use is designated. Scoping Process Public participation is important at numerous points during the analysis. The Forest Service seeks information, comments, and assistance from the federal, state, and local agencies and individuals or organizations that may be interested in or affected by the proposed action. Comments on the proposed action should be submitted within 60 days of the date of publication of this Notice of Intent. The draft EIS is expected to be filed with the Environmental Protection Agency

(EPA)and to be available for public review by approximately May 2008. EPA will publish a notice of availability of the draft EIS in the **Federal Register** . The comment period on the draft EIS will extend 45 days from the date the EPA notice appears in the **Federal Register** . At that time, copies of the draft EIS will be distributed to interested and affected agencies, organizations, and members of the public for their review and comment. It is very important that those interested in the management of the Stanislaus National Forest participate at that time. The final EIS is scheduled to be completed in October 2008. In the final EIS, the Forest Service is required to respond to substantive comments received during the comment period that pertain to the environmental consequences discussed in the draft EIS and applicable laws, regulations, and policies considered in making the decision. Substantive comments are defined as “comments within the scope of the proposed action, specific to the proposed action, and have a direct relationship to the proposed action, and include supporting reasons for the responsible official to consider” (36 CFR 215.2). Only those who submit comment during the comment period on the draft EIS are eligible to appeal the subsequent decision under the 36 CFR part 215 regulations. Comment Requested This notice of intent initiates the scoping process which guides the development of the environmental impact statement. A draft EIS will be prepared for comment. The comment period on the draft EIS will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** . Early Notice of Importance of Public Participation in Subsequent Environmental Review 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. First, 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). Also, 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 very important that those interested in this proposed action participate by the close of the 45 day comment period so that substantive comments and objections are made available to the Forest Service at a time 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 as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft environmental impact statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and 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. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21. Dated: November 13, 2007. Tom Quinn, Forest Supervisor. [FR Doc. E7-22571 Filed 11-16-07; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Forest Service Extension of Certain Timber Sale Contracts; Finding of Substantial Overriding Public Interest AGENCY: Forest Service, USDA. ACTION: Notice of contract extensions. SUMMARY: On November 2, 2007, the Chief of the Forest Service determined there is Substantial Overriding Public Interest in extending certain National Forest System timber sale contracts for up to one year, subject to a maximum total contract length of 10 years. Pursuant to the November 2, 2007, finding, timber sale contracts awarded prior to January 1, 2007, are eligible for extension and deferral of periodic payment due dates for up to one year. This finding does not apply to

(1)contracts that have been or are currently eligible to be extended under market related contract term addition (MRCTA) contract provisions, except sales using the Hardwood Lumber index that were awarded after December 31, 2005,

(2)salvage sale contracts that were sold with the objective of harvesting deteriorating timber,

(3)contracts the Forest Service determines are in urgent need of harvesting due to deteriorating timber conditions that have developed following award of the contract, or

(4)contracts that are in breach. To receive an extension, purchasers must make a written request to the appropriate Contracting Officer. Purchasers also must agree to release the Forest Service from all claims and liability if a contract extended pursuant to the November 2, 2007, finding is suspended, modified, or terminated in the future. The intended effect of the Substantial Overriding Public Interest finding and contract extensions is to minimize contract defaults, mill closures, and company bankruptcies. The Government benefits if defaulted timber sale contracts, mill closures, and bankruptcies can be avoided by granting extensions. Having numerous, economically viable, timber sale purchasers increases competition for National Forest System timber sales, results in higher prices paid for such timber, and allows the Forest Service to provide a continuous supply of timber to the public in accordance with Forest Service authorizing legislation. See Act of June 4, 1897 (Ch. 2, 30 Stat. 11 as amended, 16 U.S.C. 475) (Organic Administration Act). In addition, by extending contracts and avoiding defaults, closures, and bankruptcies, the Government avoids the difficult, lengthy, expensive, and sometimes impossible process of collecting default damages. DATES: The determination was made on November 2, 2007, by the Chief of the Forest Service. FOR FURTHER INFORMATION CONTACT: Lathrop Smith, Forest Management Staff,

(202)205-0858 or Richard Fitzgerald, Forest Management Staff

(202)205-1753; 1400 Independence Ave., SW., Mailstop 1103, Washington, DC 20250-1103. 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 Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: The Forest Service sells timber and forest products from National Forest System lands to individuals or companies pursuant to the National Forest Management Act of 1976, 16 U.S.C. 472a (NFMA). Each sale is formalized by execution of a contract between the purchaser and the Forest Service. The contract sets forth the explicit terms and provisions of the sale including such matters as the estimated volume of timber to be removed, the period for removal, price to be paid to the Government, road construction and logging requirements, and environmental protection measures to be taken. The average contract period is approximately two to three years, although a few contracts have terms of five or more years. Rules in 36 CFR 223.52 (Market Related Contract Term Additions) permit contract extensions when the Chief of the Forest Service determines that adverse wood product market conditions have resulted in a drastic decline in wood product prices. Under market-related contract addition procedures, the Forest Service refers to the following three producer price indices maintained by the Bureau of Labor Statistics: Softwood Lumber #0811 and Hardwood Lumber #0812 in the Commodity Series, and Wood Chips #PCU32113321135 in the Industry Series. The Softwood and Hardwood Lumber indices indicate a major downturn in those markets began following a peak in September 2004 and was still on a downward trend as of September 2007, with the relative Softwood Lumber index decreasing by about 36 percent and the Hardwood Lumber index decreasing by about 19 percent, during this time. While most purchasers holding contracts with those indices have received or are eligible to receive MRCTA, an anomaly in the wood products markets and indices used in contracts in the Lake States area and some other parts of the country has left many purchasers without this remedy. Section 472a(c) of NFMA provides that the Secretary of Agriculture shall not extend any timber sale contract period with an original term of two years or more, unless the purchaser has diligently performed in accordance with an approved plan of operations or the “Substantial Overriding Public Interest” justifies the extension. The authority to make this determination has been delegated to the Deputy Under Secretary of Agriculture for Natural Resources and Environment in 7 CFR 2.59. Accordingly, based on current data, the Chief has made a finding that there is a Substantial Overriding Public Interest in extending certain sales for up to one year. This finding does not apply to

(1)contracts that have been or are currently eligible to be extended under MRCTA contract provisions, except sales using the Hardwood Lumber index that were awarded after December 31, 2005,

(2)salvage sale contracts that were sold with the objective of harvesting deteriorating timber,

(3)contracts the Forest Service determines are in urgent need of harvesting due to deteriorating timber conditions that have developed following award of the contract, or

(4)contracts that are in breach. In addition to extending contracts pursuant to the Chief's finding, periodic payments will be deferred for up to one year on the extended sales. To receive an extension and periodic payment deferral, purchasers must make a written request to the appropriate Contracting Officer. Purchasers must also agree to release the Forest Service from all claims and liability if a contract is suspended, modified, or terminated, after the contract is extended pursuant to the Chief's November 2, 2007 finding. The text of the finding, as signed by the Chief of the Forest Service is set out at the end of this notice. Dated: November 2, 2007. Joel D. Holtrop, Deputy Chief for National Forest System. Determination of Substantial Overriding Public Interest for Extending Certain Timber Sale Contracts The National Forest Management Act of 1976 (16 U.S.C. 472a(c) provides that the Secretary of Agriculture shall not extend any timber sale contract period with an original term of two years or more unless he finds that the purchaser has diligently performed in accordance with an approved plan of operations or that the “Substantial Overriding Public Interest” justifies the extension. As a result of continued drastic reductions in forest product prices, there is a Substantial Overriding Public Interest in extending certain timber sale contracts. Background On December 7, 1990, the Forest Service published a final rule (55 FR 50643) establishing procedures in 36 CFR 223.52 for extending contract termination dates in response to adverse conditions in the timber markets. These procedures, known as Market Related Contract Term Additions (MRCTA), authorize extensions of timber sale contracts up to one additional year when qualifying market conditions are met. When the MRCTA procedures were established, experience indicated that the type and magnitude of lumber market declines that would trigger MRCTA generally coincide with low numbers of housing starts and are usually indicative of substantial economic dislocation in the wood products industry. Such economic distress broadly affects community stability, the ability of industry to supply construction lumber and other products for public use, and threatens maintaining plant capacity necessary to meet future demands for wood products from domestic sources. The Department has determined that a drastic reduction in wood product prices can result in a Substantial Overriding Public Interest sufficient to justify a contract term extension for existing contracts, as authorized by the National Forest Management Act of 1976 (16 U.S.C. 472a(c)) and existing regulations at 36 CFR 223.115(b). Following promulgation of the rule in 1990, the Forest Service began tracking four producer price indices provided by the Bureau of Labor Statistics as indicators of a drastic reduction in wood product prices. Those indices were the Southern Pine Dressed, Douglas-fir Dressed, Other Species Dressed, and Hardwood Lumber. Beginning in the first quarter of 1994 through the first quarter of 1996, government indices indicated a major downturn in the lumber markets throughout the country was occurring, but only the Douglas-fir Dressed Lumber index used in contracts in Washington and Oregon dropped sufficiently to trigger MRCTA. Meanwhile, purchasers in other parts of the country were facing defaults, mill closures, and bankruptcies but were not eligible for MRCTA. To avert these problems, the Chief of the Forest Service determined that it was in the Substantial Overriding Public Interest to extend for a period of up to one year certain contracts that had not received any MRTCA. The Forest Service also initiated a study of the MRTCA procedures and indices to determine why they did not appear to perform as expected. Findings in that study led the Forest Service to adopt four different producer price indices from the Bureau of Labor Statistics in May 1998;

(1)Hardwood Lumber (SIC 24211),

(2)Eastern Softwood Lumber (SIC 24213),

(3)Western Softwood Lumber (SIC 24214), and

(4)Wood Chips (SIC 24215). However, after December 2003, the Bureau of Labor Statistics discontinued publishing the Western Softwood Lumber index (SIC 24214), Eastern Softwood Lumber index (SIC 24213), and Hardwood Lumber index (SIC 24211). At the same time the Wood Chips index (SIC 24215) was renumbered as PCU32113321135. In January 2006, the Forest Service published a notice in the **Federal Register** (71 FR 3409) adopting the Softwood Lumber index 0811 and the Hardwood Lumber index 0812 to replace the three indices that were no longer supported by the Bureau of Labor Statistics. The Forest Service continued to rely upon the Wood Chips index, now numbered PCU32113321135, to gauge certain market conditions. The three indices the Forest Service adopted to gauge most market conditions, however, are not able to address market conditions for all forest products, e.g. biomass. Additionally, because the indices are national in scope, they may fail to address drastic declines in local markets. Market Conditions Leading to the November 2006, Determination of Substantial Overriding Public Interest To Extend Certain Sales The Softwood Lumber index #0811 began declining, after peaking in September 2004, and with adjustments for inflation the relative index had declined 47.9 points or 31 percent by September 2006. Between the third quarter 2005 and the third quarter 2006, there were five consecutive calendar quarters where the declines were large enough to trigger MRCTA. This was a substantially larger drop than the one in the period between 1994-1996, when the index declined about 38 points or 21 percent. The period from 1994-1996 was also the last time there were five consecutive qualifying quarters for MRCTA. The Hardwood Lumber index #0812 also began declining, after peaking in September 2004, and with adjustments for inflation declined 18.6 points or 14 percent as of September 2006. There were three consecutive quarters beginning with the third quarter of 2005 through the first quarter of 2006, where the quarterly declines were large enough to trigger MRCTA equal to one calendar year plus one normal operating season. The Hardwood Lumber index continued to decline in the second and third quarters of 2006, but the decline was not sufficient to trigger MRCTA. Consequently, some hardwood purchasers were expected to begin facing additional hardships as the MRCTA time they previously obtained expired. Between September 2004 and January 2006, the Wood Chips index remained fairly static but was on a steady rise since then. The last time the Wood Chips index had a qualifying quarter was the third quarter of 1997. As of November 2006, the MRCTA procedures on softwood lumber and hardwood lumber sales were generally functioning as expected. Additional contract time was being offered for qualifying sale, which assisted purchasers by allowing more time to wait for markets to recover or to spread out harvesting of high priced sales. But, as was the case in 1996, there were exceptions. For example, in the Lake States area, a combination of factors contributed to a more drastic decline in forest product prices than was occurring in other parts of the country and/or the producer price indices were not triggering MRCTA. The predominant forest products produced in that area are wood chips used in pulping for paper and oriented strand board (OSB). Both the pulp and OSB sales used the Wood Chips index which had not had a qualifying quarter for MRCTA since 1997. National Forest System timber sales in the Lake States area often contain a diverse mix of forest products, which attracted strong competition leading to relatively high bid rates. Problems began in 2005, when prices for both pulp and OSB chips started declining sharply. OSB is a building product with prices that tend to follow lumber market prices. Because lumber market prices were declining significantly across most of the country, contracts tied to the Softwood Lumber index were eligible to receive MRCTA. But in places, such as much of the Lake States region, many purchasers marketing OSB material were not getting this relief because most of their contracts were tied to the wood chips index which had not declined and was not triggering market related contract term additions. Concurrently, while lake states area pulp prices were declining national wood chip prices were stable or increasing, so purchasers marketing pulp material were not eligible for market related contract term additions. The principal cause of this anomaly was due to the location along the great lakes and Canadian border, where competition from cheaper imported wood chips was driving prices down. As a result of these factors, purchasers in the Lake States area were faced with high bid prices on their existing contracts, low product prices, and no MRCTA to provide additional time for markets to recover or to mix the higher priced timber with lower priced timber for other sources. The MRCTA procedures were not functioning as expected here. In another example, the sale of biomass material has been increasing in recent years with most of that material utilized for generating electricity in co-generation facilities. A reliable index for tracking this new product has not been found, so most sales of biomass material also use the Wood Chips index. Energy prices can differ substantially in different parts of the country and don't necessarily follow the Wood Chips index. Consequently, in areas where energy prices have drastically declined and purchasers are holding high price timber sale contracts, they are not currently eligible to receive a MRCTA because the Wood Chips index has not triggered. The Government benefits if defaulted timber sale contracts, mill closures, and bankruptcies can be avoided by granting extensions. Having numerous, economically viable, timber sale purchasers increases competition for National Forest System timber sales, results in higher prices paid for such timber, and allows the Forest Service to provide a continuous supply of timber to the public in accordance with the Organic Administration Act. In addition, by extending contracts and avoiding defaults, closures and bankruptcies, the Government avoids the difficult, lengthy, expensive, and sometimes impossible, process of collecting default damages. Therefore, on November 2, 2006, the Deputy Under Secretary of Agriculture for Natural Resources and Environment determined there was a Substantial Overriding Public Interest in extending certain National Forest System timber sale contracts for up to one year, subject to a maximum total contract length of 10 years. Pursuant to the November 2, 2006, finding, timber sale contracts awarded prior to January 1, 2006, were eligible for extension and deferral of periodic payment due dates for up to one year. Contracts that were in breach, have been or were currently eligible to be extended under MRCTA contract provisions, or salvage sale contracts that were sold with the objective of harvesting deteriorating timber were not eligible for extension pursuant to the November 2, 2006, finding. To receive an extension, purchasers were required to make a written request to the appropriate Contracting Officer. Purchasers were also required to agree to release the Forest Service from all claims and liability if a contract extended pursuant to the November 2, 2006, finding was suspended, modified, or terminated in the future. 2007 Market Conditions Market conditions leading to the November 2, 2006, determination of Substantial Overriding Public Interest have continued to decline. Between September 2006, and September 2007, the relative Softwood Lumber index dropped an additional 9.4 points bringing the total decline since September 2004 to 57 points or 36.4 percent. Including the third quarter of calendar year 2007, the Softwood Lumber index has triggered for MRCTA, an unprecedented nine consecutive calendar quarters, which is the longest sustained decline since the Forest Service established the MRCTA procedures in December 1990. Between September 2006 and September 2007, the relative Hardwood Lumber index dropped an additional 7.5 points, bringing the total decline since September 2004 to 26.1 points or 19.1 percent. But, although the Hardwood Lumber index has steadily declined, the rate of decline has not been sufficient to trigger MRCTA for sales awarded since January 1, 2006. Between September 2006 and September 2007, the Wood Chips index continued an upward trend. In recognition of the seriousness of the market problems, the State of Minnesota and some counties within Minnesota have provided price relief to purchasers of their sales. The U.S. Forest Service has no statutory authority at this time to provide price relief but can offer additional contract time based on a determination of Substantial Overriding Public Interest. Determination of Substantial Overriding Public Interest The Government benefits if defaulted timber sale contracts, mill closures, and bankruptcies can be avoided over large geographic areas by granting extensions. Having numerous, economically viable, timber sale purchasers increases competition for National Forest System timber sales, results in higher prices paid for such timber, and allows the Forest Service to provide a continuous supply of timber to the public in accordance with the Organic Administration Act. In addition, by extending contracts and avoiding defaults, closures and bankruptcies, the Government avoids the difficult, lengthy, expensive, and sometimes impossible, process of collecting default damages. Therefore, pursuant to 16 U.S.C. 472a, and the authority delegated to me at 7 CFR 2.60, I have determined that it is in the Substantial Overriding Public Interest to extend for up to one year certain National Forest System timber sales that were awarded prior to January 1, 2007. This finding does not apply to

(1)contracts that have been or are currently eligible to be extended under MRCTA contract provisions, except sales using the Hardwood Lumber index that were awarded after December 31, 2005,

(2)salvage sale contracts that were sold with the objective of harvesting deteriorating timber,

(3)contracts the Forest Service determines are in urgent need of harvesting due to deteriorating timber conditions that have developed following award of the contract, or

(4)contracts that are in breach. Total contract length shall not exceed 10 years as a result of this extension. For those contracts extended pursuant to this finding, periodic payments due after the date of this determination will also be deferred for up to one year. To receive the extension and periodic payment deferral, purchasers must make written request and agree to release the Forest Service from all claims and liability if a contract extended pursuant to this finding is suspended, modified, or terminated in the future. Dated: November 2, 2007. Abigail R. Kimbell, Chief. [FR Doc. E7-22534 Filed 11-16-07; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service Notice of Intent To Request Comments on a Currently Approved Information Collection. AGENCY: Natural Resources Conservation Service, USDA. ACTION: Notice and request for comments. SUMMARY: This notice announces the intention of the Natural Resources Conservation Service

(NRCS)to request comments on a currently approved information collection for which approval will expire, 0578-0030, Emergency Watershed Protection Program. *Public Participation:* The NRCS invites full public participation to promote open communication and better decision-making. All persons and organizations that have an interest in the Emergency Watershed Protection

(EWP)Program are urged to provide comments. *Scoping Process:* Public participation is requested throughout the scoping process. The NRCS is soliciting comment the public indicating what issues and impacts the public believes should be encompassed within the scope of the EWP Program. Comments are invited on

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility,

(b)The accuracy of the agency's estimate of burden of the proposed collection of information, including the validity of the methodology and assumptions used,

(c)Ways to enhance the quality, utility, and clarity of the information to be collected, and

(d)Ways to minimize the burden of the collection of information on those who are to respond, such as through the use of appropriate automated, electronic, mechanical, or other technologic collection techniques or other forms of information technology. *Date Scoping Comments Are Due:* Comments on this notice must be received by January 18, 2008 to ensure consideration. Comments may be sent to Phyllis I. Watkins, Agency OMB Clearance Officer, U.S. Department of Agriculture, Natural Resources Conservation Service, 5601 Sunnyside Avenue, Mailstop 5460, Beltsville, MD 20705-5000;

(301)504-2170; *phyllis.i.watkins@wdc.usda.gov.* Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (Public Law 104-13), and the Office of Management and Budget

(OMB)regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995). Government Paperwork Elimination Act NRCS is committed to compliance with the Government Paperwork Elimination Act

(GPEA)and the Freedom to E-File Act, which require government agencies in general, and NRCS in particular, to provide the option of submitting information or transacting business electronically to the maximum extent possible. FOR FURTHER INFORMATION CONTACT: Questions and comments should be directed to Phyllis I. Watkins, Agency Office of Management and Budget Clearance Officer, USDA, Natural Resources Conservation Service, 5602 Sunnyside Avenue, Mailstop 5460, Beltsville, Maryland 20705-5000; telephone:

(301)504-2170. SUPPLEMENTARY INFORMATION: *Title:* Emergency Watershed Protection Program. *OMB Number:* 0578-0030. *Expiration Date of Approval:* July 31, 2008. *Type of Request:* To request comments on a currently approved collection for which approval will expire. *Abstract:* The primary objective of the Natural Resources Conservation Service

(NRCS)is to work in partnership with the American people and the farming and ranching community to conserve and sustain our natural resources. The purpose of Emergency Watershed Protection Program

(EWP)information collection is to provide EWP assistance to sponsors to undertake emergency measures to retard runoff and prevent soil erosion to safeguard lives and property from floods, drought, and the products of erosion on any watershed whenever fire, flood, or other natural disaster is causing or has caused a sudden impairment of that watershed. The sponsor's request is submitted formally as a letter (now the Appendix to the NRCS-PDM-20A) to the NRCS State Conservationist for consideration. The NRCS-PDM-20, Damage Survey Report (DSR), is the agency decision-making document that includes the economic, social, and environmental evaluation and the engineer's cost estimate. This information collection allows the responsible Federal official to make EWP Program eligibility determinations and provide Federal cost-share contribution to complete the measures. This request is necessary to implement the EWP Program for which NRCS has statutory authority. The table below lists the forms in this collection, the uses for each document, and the applicable programs. These forms constitute this information collection and reflect the documents used by EWP sponsors to request participation in the recovery program. Form No. Form title OMB No. Program NRCS-PDM-20 Damage Survey Report 0578-0030 EWP Recovery. NRCS-PDM-20A Appendix to the DSR, Request for Participation in the Program 0578-0030 EWP Recovery. NRCS will ask OMB for 3-year approval within 60 days of submitting the request. *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 3.5 hours or 117 minutes per response. *Respondents:* State government or State agency or a legal subdivision thereof, local unit of government, or any Native American Tribe or Tribal organization as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), with a legal interest in or responsibility for the values threatened by a watershed emergency. All of the foregoing entities must be capable of obtaining necessary land rights and capable of carrying out any operation and maintenance responsibilities that may be required. *Estimated Number of Respondents:* 400. *Estimated Total Annual Burden on Respondents:* 5,900 hours. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Signed at Washington, DC on October 3, 2007. Arlen L. Lancaster, Chief. BILLING CODE 3410-16-P EN19NO07.001 EN19NO07.002 EN19NO07.003 EN19NO07.004 EN19NO07.005 EN19NO07.006 EN19NO07.007 EN19NO07.008 EN19NO07.009 EN19NO07.010 EN19NO07.011 EN19NO07.012 EN19NO07.013 EN19NO07.014 EN19NO07.015 [FR Doc. 07-5747 Filed 11-16-07; 8:45 am]

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