[Federal Register Volume 60, Number 201 (Wednesday, October 18, 1995)]
[Notices]
[Page 53908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25798]



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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 60, No. 201 / Wednesday, October 18, 1995 / 
Notices  

[[Page 53908]]


DEPARTMENT OF AGRICULTURE

Forest Service


Supplement to the Draft Environmental Impact Statement for Eagle 
Creek Timber Sales, Mt. Hood National Forest, Clackamas County, OR

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to supplement a draft environmental impact 
statement.

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SUMMARY: The USDA, Forest Service, will prepare a supplement to the 
draft environmental impact statement (EIS) for Eagle Creek Timber Sales 
on the Estacada Ranger District of the Mt. Hood National Forest. The 
draft EIS was released in July 1993. Following the release of the draft 
EIS, the Record of Decision for Amendments to Forest Service and Bureau 
of Land Management Planning Documents Within the Range of the Northern 
Spotted Owl (Northwest Forest Plan) was signed on April 13, 1994. This 
new direction will require changes to the alternatives in the draft 
EIS. The alternatives will be revised to be in compliance with the new 
direction and be re-analyzed as a supplement to the existing analysis.

ADDRESSES: Submit written comments and questions about this supplement 
to the Estacada Ranger District, Mt. Hood National Forest, 595 NW 
Industrial Way, Estacada, Oregon 97023, Phone: (503) 630-6861.

FOR FURTHER INFORMATION CONTACT:
John Berry, Estacada District Ranger, Mt. Hood National Forest. Mt. 
Hood National Forest, 595 NW Industrial Way, Estacada, Oregon 97023, 
Phone: (503) 630-6861.

SUPPLEMENTARY INFORMATION: The original proposed action was developed 
in accordance with the direction contained in the Mt. Hood National 
Forest Land and Resource Management Plan (1991). The Northwest Forest 
Plan has resulted in new circumstances and substantial changes to the 
original proposed action. The Northwest Forest Plan has designated this 
area as a Key Watershed and also allocated portions of the area to Late 
Successional and Riparian Reserves. Changes to the proposed action 
include: (1) No road building in the roadless area and no timber 
harvest within the Late Successional Reserve; (2) designing the harvest 
units consistent with the Standards and Guidelines in the Northwest 
Forest Plan; and (3) incorporating the results of the watershed 
analysis. Comments received from the draft EIS will be considered in 
the preparation of the supplement.
    The supplement will be prepared and circulated in the same manner 
(exclusive of scoping) as the draft EIS (40 CFR 1502.9). The supplement 
to the draft EIS is expected to be available for public review and 
comment in February 1996. The comment period on the draft supplement 
will be 45 days from the date the Environmental Protection Agency's 
notice of availability appears in the Federal Register.
    The Forest Service believes it is important to give reviewers 
notice at this early stage of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
the draft supplement to the EIS must structure their participation in 
the environmental review of the proposal so that it is meaningful and 
alerts an agency to the reviewer position and contentions. Vermont 
Yankee Nuclear Power Corp. versus NRDC, 435 U.S. 519, 553 (1978). Also 
environmental objections that could be raised at the draft supplement 
stage but that are not raised until after completion of the final EIS 
may be waived or dismissed by the courts. City of Angoon versus Hodel, 
803 F.2d. 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. 
versus Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Due to 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 EIS.
    To assist the Forest Service in identifying and considering issue 
and concerns on the proposed action, comments on the supplement to the 
draft EIS should be as specific as possible. It is also helpful if 
comments refer to specific pages or chapters of the draft supplement. 
Comments may also address the adequacy of the supplement or the merits 
of the alternatives formulated and discussed in the supplement. 
(Reviewer 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).
    After the 45 day comment period ends on the supplement to the draft 
EIS, the comments will be analyzed and considered by the Forest Service 
in preparing the final EIS. The final EIS is scheduled to be completed 
by June 1996. In the final EIS, the Forest Service is required to 
respond to the comments received (40 CFR 1503.4). The Responsible 
Official, Forest Supervisor Roberta Moltzen will consider the comments, 
responses, environmental consequences discussed in the final EIS, and 
applicable laws, regulations, and policies in making a decision and 
reasons for the decision in the Record of Decision.
    That decision will meet the criteria of Section 2001(e) of Public 
Law 104-19 and is not appealable. This decision is subject to judicial 
review only in the United States court for the district of Oregon. As 
required under Section 2001(f)(1) of Public Law 104-19, any challenge 
to this project must be filed in the district court within 15 days 
after the advertisement of the sale.

    Dated: October 5, 1995.
Roberta Moltzen,
Forest Supervisor.
[FR Doc. 95-25798 Filed 10-17-95; 8:45 am]
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