[Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
[Notices]
[Pages 58360-58361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29029]


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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. 63, No. 210 / Friday, October 30, 1998 / 
Notices  

[[Page 58360]]


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DEPARTMENT OF AGRICULTURE

Forest Service


Whitehawk Timber Sale, Boise National Forest, Valley County, ID

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare Environmental Impact Statement.

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SUMMARY: The Boise National Forest will prepare an environmental impact 
statement (EIS) to document the analysis and disclose the environmental 
impacts of a proposed timber sale in the Whitehawk subwatershed of the 
Deadwood drainage.
    The Lowman Ranger District of the Boise National Forest proposes to 
harvest approximately 5,000 acres in the Whitehawk subwatershed, 
Township 11 North, Ranges 7 and 8 East, Boise Meridian. Timber harvest 
would include regeneration harvest, commercial thinning, sanitation and 
salvage. Several temporary roads are proposed for construction to 
access stands which can be harvested using ground-based systems. A 
number of currently closed roads would be opened and/or reconstructed 
to facilitate ground-based and helicopter yarding. No timber harvest 
would occur within INFISH defined Riparian Habitat Conservation Areas, 
within the Deadwood Inventoried Roadless Area (IRA), or within the 
segment of the Deadwood River designated as eligible for Wild 
designation under the Wild and Scenic Rivers Act in the Forest Plan. 
Treatment harvest is proposed in portions of the Whitehawk IRA. The 
proposed action is designed to maintain water quality, wildlife 
habitat, and recreational opportunity spectrum in the project area 
within Forest Plan standards.

DATES: Written comments concerning the scope of the analysis described 
in this Notice should be received by November 30, 1998 to ensure timely 
consideration. No scoping meetings are planned at this time.

ADDRESSES: Send written comments to Jackie Andrew, Project Coordinator, 
Lowman Ranger District, 7359 Highway 21, Lowman, ID 83637.

FOR FURTHER INFORMATION CONTACT:
Questions concerning the proposed action and EIS should be directed to 
Jackie Andrew at 208-259-3361.

SUPPLEMENTARY INFORMATION: The proposal may result in the reduction in 
the number of acres in the Whitehawk IRA from the National Forest 
System. Proposals that may substantially alter the undeveloped 
character of an IRA require the preparation of an EIS. At this time, 
the Forest Service regards development of IRA's as an issue to be 
addressed in the EIS. An alternative which does not develop the 
Whitehawk IRA will be developed during the analysis process.
    The Forest Service is seeking information and comments from 
Federal, State, and local agencies, as well as individuals and 
organizations who may be interested in, or affected by, the proposed 
action. The Forest Service invites written comments and suggestions on 
the issues related to the proposal and the area being analyzed.
    Information received will be used in preparation of the draft EIS 
and final EIS. For the most effective use, comments should be submitted 
to the Forest Service within 30 days from the date of publication of 
this Notice in the Federal Register. The Responsible Official is David 
D. Rittenhouse, Forest Supervisor, Boise National Forest. The decision 
to be made is whether to harvest National Forest System timber and 
reduce natural and activity fuels through prescribed fire. The draft 
EIS is expected to be available for public review in February 1999, 
with a final EIS estimated to be completed in May 1999. 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. 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 EIS's 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 EIS stage 
but not raised until after completion of the final EIS 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 EIS. To 
assist the Forest Service in identifying and considering issues and 
concerns on the proposed action, comments on the draft EIS should be as 
specific as possible. It is also helpful if comments refer to specific 
pages or chapter of the draft EIS. Comments may also address the 
adequacy of the draft EIS or the merits of the alternatives formulated 
and discussed in the draft EIS. 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 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 
confidentially should be aware that, under the FOIA, confidentiality 
may be granted in only limited circumstances, such as to protest 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

[[Page 58361]]

requester that the comments may be resubmitted with or without name and 
address within 10 days.

    Dated: October 19, 1998.
David D. Rittenhouse,
Forest Supervisor.
[FR Doc. 98-29029 Filed 10-29-98; 8:45 am]
BILLING CODE 3410-11-M