[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)] [Notices] [Pages 30704-30705] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-14899] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service Grade-Dukes Timber Sale Within the Cuddy Mountain Roadless Area, Payette National Forest, Washington County, Idaho AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare a Supplemental Environmental Impact Statement. ----------------------------------------------------------------------- SUMMARY: The USDA Forest Service proposes to harvest and regenerate timber in the Grade-Dukes Timber Sale area. This sale is under court injunction pending foruther analysis on the part of the Forest Service. The sale lies partially within the Cuddy Mountain Roadless Area, Washington County, Idaho. Within the sale area, drainages include Grade, Dukes, Camp, and East Fork Brownless Creeks which are tributaries of the Snake River. The road system developing this area was completed, and 70% of the 826 acres originally proposed for harvest were logged, prior to a Ninth Circuit Court of Appeals injunction arising from an appeal of the District Court's decision allowing this sale. The Court of Appeals found three specific deficiencies in the Forest Service analysis supporting the decision to proceed with this sale. The Forest Service expects to release a Draft Supplemental Environmental Impact Statement addressing the above deficiencies in August 1998. A Final Environmental Impact Statement is scheduled to be released in November 1998. The agency will accept writtin comments and suggestions on the scope of the analysis. The agency urges that any comments be concise and specific to the focus of the supplement. DATES: Comments on the scope of the analysis must be received by July 8, 1998. ADDRESSES: Send written comments to David Alexander, Forest Supervisor, Payette National Forest, P.O. Box 1026, McCall, Idaho 83638. FOR FURTHER INFORMATION CONTACT: Questions about the proposed action should be directed to Curtis Spalding, Environmental Coordinator, (208) 634-0796); or John Baglien, District Ranger, phone (208) 549-4201. SUPPLEMENTARY INFORMATION: The USDA Forest Service published a notice of intent for the Grade-Dukes Timber Sale in the Federal Register April 7, 1988 (Vol. 53, No. 67, page 11523). The Forest Service published a revised notice of intent on June 2, 1989 (Vol. 54, No. 105, pages 23679-23680). The Forest Service released a Draft Environmental Impact Statement (DEIS) on August 11, 1989. It released the Final Environmental Impact Statement (FEIS) on September 10, 1990, and the Record of Decision for that FEIS on August 6, 1991. On January 21, 1992, the Intermountain Region of the Forest Service remanded the decision to the Payette National Forest Supervisor in response to an administrative appeal. The Forest Service published a notice of intent to prepare a supplemental environmental impact statement on February 20, 1992 (Vol. 57, No. 34, pages 6087-6088). It published a revised notice of intent to prepare a supplemental environmental impact statement on December 24, 1992 (Vol. 57, No. 248, page 61393). On July 29, 1993, the Forest Service released a Draft Supplemental Environmental Impact Statement for the Grade-Dukes Timber Sale. On February 15, 1994, it released the Final Environmental Impact Statement and Record of Decision. On December 20, 1996, Idaho Sporting Congress and Neighbors of Cuddy Mountain filed a complaint in the district court for the District of Idaho seeking declaratory and injunctive relief. In May 1996, the District Court for the District of Idaho ruled in favor of the Forest Service. Plaintiffs in that case appealed to the Court of Appeals for the Ninth Circuit. On March 4, 1998, the Court of Appeals reversed the District Court and remanded the case to the Forest Serivce. The Court of Appeals made the followings: 1. The Forest Service failed to establish that the Grade-Dukes sale would be consistent with the Payette Forest Plan in terms of the sale's impact on old growth within the affected ``Theoretical home range circle (s)'' of pileated woodpeckers. 2. The Forest Service failed to provide a sufficient cumulative effects analysis as to the combined effect of several other proposed timber sales on old growth in that same theoretical pileated woodpecker home range circule. [[Page 30705]] 3. The Forest Service failed to describe adequately the mitigation measures that it claimed would off-set the increased sedimentation it admitted would occur in three streams as a result of the Grade-Dukes sale. In addition to these three issues, the SEIS will also consider: 1. New information relative to the Ute ladies tresses, a plant species listed as threatened under the Endangered Species Act. 2. Application of riparian habitat conservation area buffers as described in the Inland Native Fish Strategy (INFISH). 3. Consistency with the scientific assessments developed for the Upper Columbia River Basis Ecosystem Management project. 4. New information concerning bull trout, proposed for listing under the Endangered Species Act. The Responsible Official is David F. Alexander, Forest Supervisor, Payette National Forest. Dated: May 28, 1998. David F. Alexander, Forest Supervisor. [FR Doc. 98-14899 Filed 6-4-98; 8:45 am]. BILLING CODE 3410-11-M