[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Notices]
[Page 43501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21544]


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 Notices
                                                 Federal Register
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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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 delegations of authority, filing of petitions and applications and agency 
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  Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / 
Notices  

[[Page 43501]]


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DEPARTMENT OF AGRICULTURE

Forest Service


Control Lake Timber Harvest

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to prepare a Supplement to the Draft 
Environmental Impact Statement.

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SUMMARY: The Tongass National Forest-Ketchikan Area will prepare a 
Supplement to the Control Lake Draft Environmental Impact Statement 
(DEIS). The Supplement will address several changed conditions 
including; a) the closure of the Ketchikan Pulp Mill, b) that timber 
would no longer be offered to Ketchikan Pulp Company under its long 
term timber sale contract with the Forest Service, and c) issuance of 
the Revised Tongass National Forest Land Management Plan. The 
Supplement will also address public comments received on the Control 
Lake DEIS.

FOR FURTHER INFORMATION CONTACT:
Questions about the project can be directed to: Forest Supervisor, 
Tongass NF-Ketchikan Area, Attn: Control Lake SDEIS, Federal Building, 
Ketchikan, AK 99901.

SUPPLEMENTARY INFORMATION: The Supplemental DEIS is expected to be 
available to the public during the Fall of 1997. The comment period on 
the Supplement will be 45 days from the date the Environmental 
Protection Agency publishes the notice of availability in the Federal 
Register.
    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). Environmental objections that could have been raised at 
the draft environmental impact statement stage may be waived or 
dismissed by the courts. City of Angoon v. Hodel, 803 F.2nd 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 of the proposed action, comments on the Supplement to 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 statement. Comments may also address the adequacy of the 
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 in response to this solicitation, including names 
and addresses of those who comment, will be considered part of the 
public record on this proposed action and will be available for public 
inspection. Comments submitted anonymously will be accepted and 
considered; however, those who submit anonymous comments will not have 
standing to appeal the subsequent decision under 36 CFR Parts 215 or 
217. Additionally, pursuant to 7 CFR 1.27(d), any person may request 
the agency to withhold a submission from the public record by showing 
how the Freedom of Information Act (FOIA) permits such confidentiality. 
Requesters should be aware that, under FOIA, confidentiality may be 
granted in only very limited circumstances, such as to protect trade 
secrets. The Forest Service will inform the requester of the agency's 
decision regarding the request for confidentiality, and where the 
request is denied, the agency will return the submission and notify the 
requester that the comments may be resubmitted with or without name and 
address within 7 days.
    Permits: Permits required for implementation include the following:
1. U.S. Army Corp of Engineers
--Approval of discharge of dredged or fill material into the waters of 
the United States under Section 404 of the Clean Water Act;
--Approval of the construction of structures or work in navigable 
waters of the United States under Section 10 of the Rivers and Harbors 
Act of 1899;
2. Environmental Protection Agency
--National Pollutant Discharge Elimination System (402) Permit;
--Review Spill Prevention Control and Countermeasure Plan;
3. State of Alaska, Department of Natural Resources
--Tideland Permit and Lease or Easement;
4. State of Alaska, Department of Environmental Conservation
--Solid Waste Disposal Permit;
--Certification of Compliance with Alaska Water Quality Standards (401 
Certification)

RESPONSIBLE OFFICIAL: Bradley E. Powell, Forest Supervisor, Ketchikan 
Area, Tongass National Forest, Federal Building, Ketchikan, Alaska 
99901, is the responsible official. The responsible official will 
consider the comments, response, disclosure of environmental 
consequences, and applicable laws, regulations, and policies in making 
the decision and stating the rationale in the Record of Decision.

    Dated: July 25, 1997.
Bradley E. Powell,
Forest Supervisor.
[FR Doc. 97-21544 Filed 8-13-97; 8:45 am]
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