[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Notices]
[Pages 35904-35905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17464]


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DEPARTMENT OF AGRICULTURE

Forest Service


Revised East Beaver and Miner's Creek Timber Sale and Prescribed 
Burning Project, Targhee National Forest, Clark County, Idaho

AGENCY: Forest Service, USDA.

ACTION: Revised Notice of Intent to prepare environmental impact 
statement.

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SUMMARY: This is a revised Notice of Intent for the East Beaver Creek 
Timber Sale and Prescribed Burning Project. A Notice of Intent was 
originally published on April 20, 1998 pages 19470 and 19471 of the 
Federal Register. The project is being revised to add the Miner's Creek 
Timber Sale as part of the environmental impact statement. The project 
will now be referred to as the East Beaver and Miner's Creek Timber 
Sale and Prescribed Burning Project. The Forest Supervisor of the 
Targhee National Forest gives notice of the agency's intent to prepare 
an environmental impact statement. The revised proposed action would 
harvest 7.4 million feet of timber from 2,145 acres and prescribe burn 
2,220 acres with 518 acres of the burning in the timber sale harvest 
units. The remaining 1,702 acres of burning would be in nonforest 
types. Two miles of temporary roads would be built, 2.6 miles of 
existing roads reconstructed, and 4.4 miles of new specified roads 
would be constructed. Project area is located approximately 15 miles 
northeast of Dubois, Idaho. Alternatives will include the proposed 
action, no action, and any alternatives that respond to significant 
issues generated during the scoping process. A more detailed 
description is available from the Dubois Ranger District; see address 
below.

DATES: Send written comments and suggestions on the issues concerning 
the proposed action by July 20, 1998. Comments received in response to 
this solicitation, including names and addresses of those who comment, 
will be considered part of the public record on the 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 a standing to appeal the subsequent decision 
under 39 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. Persons requesting such confidentiality 
should be aware that, under the 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 15 days.

ADDRESSES: Send written comments to Clarence M. Murdock, District 
Ranger, Dubois Ranger District, P.O. Box 46, Dubois, ID 83423.

FOR FURTHER INFORMATION CONTACT:
John Councilman, Interdisciplinary Team Leader, phone (208) 558-7301.

SUPPLEMENTARY INFORMATION: The revision to this project is being made 
to include the Miner's Creek Timber Sale. An environmental assessment 
was prepared for Miner's Creek in 1995 and the sale was sold in 1996. 
After sale, a lawsuit was filed by two environmental groups. The Forest 
Service's decision to log the sale was upheld at the local Federal 
court level but this decision was appealed to the 9th Circuit Court of 
Appeals. The 9th Circuit Court reversed the lower court's decision and 
directed the Forest Service to prepare an environmental impact 
statement. The Miner's Creek Timber Sale and the East Beaver Creek 
Timber Sale and Prescribed Burning Project are within the same 
watersheds, have similar issues and could be implemented at the same 
time. Therefore, it made sense to combine the projects into a single 
analysis.
    The Targhee Revised Land Management Plan was approved in 1997. One 
of the decisions in the Revised Plan was to allow for the production 
and utilization of wood fiber from certain areas of the Forest. The 
geographic area where the proposed action would take place has 
primarily a prescription of timber management with emphasis on big game 
security (5.1.4b).

[[Page 35905]]

Prescriptions for other lands in the area are described below.
    Aquatic Influence Zones (2.8.3)--Management emphasis is directed at 
the application of ecological knowledge to restore and maintain the 
health of these areas in ways that also produce desired resource 
values, products, protection, restoration, enhancement, interpretation, 
and appreciation of these areas.
    Visual Quality Maintenance (2.1.2)--This prescription emphasizes 
maintaining the existing visual quality within major travel corridors 
with quality natural vistas, while allowing livestock production, and 
other compatible commodity outputs. There is no scheduled timber 
harvesting. No scheduled harvests means timber removed from these areas 
does not contribute toward the Forests annual allowable sale quantity.
    Initial public involvement will include mailing maps and a project 
description to interested parties to solicit comments on the proposal. 
Preliminary issues include: water quality, fisheries, elk habitat, and 
motorized access by the public.
    Additional opportunity to comment on the project will occur on the 
Draft Environmental Impact Statement (draft EIS). The draft EIS is 
expected to be filed with the Environmental Protection Agency and 
available for public review in October of 1998.
    The comment period on the draft EIS will be 45 days from the date 
the Environmental Protection Agency's notice of availability appears in 
the Federal Register. At the same time, copies of the draft EIS will be 
distributed to interested and affected agencies, organizations, tribes, 
and members of the public for their review and comment. It is very 
important that those interested in the proposed action participate at 
that time.
    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 reviewers' position and 
contentions. Vermont Yankee Nuclear Power Corp v. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could have been raised 
at the draft 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, (9th Circuit, 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. 
Comments may also address the adequacy of the draft environmental 
impact 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.
    The final EIS is scheduled to be completed in January of 1998. In 
the final EIS, the Forest Service is required to respond to 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 decisions on this 
proposal.

Responsible Official

    Jerry B. Reese, Forest Supervisor, is the responsible official. As 
responsible official, he will document the selected alternative for the 
East Beaver and Miner's Creek Timber Sale and Prescribed Burning 
Project EIS and his rationale in a Record of Decision.
    The decision will be subject to Forest Service Appeal Regulations 
(36 CFR Part 215).

    Dated: June 9, 1998.
Richard N. Rine,
Acting Forest Supervisor.
[FR Doc. 98-17464 Filed 6-30-98; 8:45 am]
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