[Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
[Notices]
[Pages 7162-7163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3447]


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DEPARTMENT OF AGRICULTURE

Forest Service


Environmental Impact Statement Preparation for the Big Run 
Project, Allegheny National Forest, Elk County, PA

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: In accordance with the National Environmental Policy Act, 
notice is hereby given that the Forest Service, Allegheny National 
Forest will prepare an Environmental Impact Statement to disclose the 
environmental consequences of the proposed Big Run Project.
    The purpose of this project is to move from the Existing Condition 
towards the Desired Future Condition (DFC) as detailed in the Allegheny 
National Forest Land and Resource Management Plan (Forest Plan). The 
Forest Plan allocates land to management where wood production is one 
of the featured objectives (Management Area 3.0). The Big Run project 
is located entirely within this management area.
    In order to move towards the DFC, the early successional age class 
(0-20 year age) needs to increase; healthy forested stands capable of 
producing high quality, high value sawtimber need to be maintained; and 
understories dominated by fern, grass or undesirable woody vegetation 
need to develop seedling vegetation. Project proposals include timber 
havesting as a means for making desired changes to forest vegetation 
and satisfying the demonstrated public need for wood products. Our 
proposed action to meet the purpose and need includes 410 acres of 
regeneration harvests to bring the onset of a new forest; herbicide, 
fertilizer, fencing, mechanical site preparation, and planting to 
ensure seedling establishment and growth in understories; and 476 acres 
of thinning in immature stands to reduce the competition for light and 
nutrients, thereby improving the health and vigor of residual trees. 
Associated with these silvicultural activities includes approximately 
one mile of new road construction, six miles of road restoration, 12 
miles of road betterment, approximately one half mile of road 
obliteration, and additional stone pit development to provide an 
adequate long-term transportation system. Wildlife habitat improvement 
measures in the form of plantings, fish habitat improvements and 
stocking, and wood duck nest box placement serve to supplement the 
existing conditions.
    After completion of the analysis, the responsible official will 
select an alternative that maximizes net public benefits for the Big 
Run Project area.

DATES: The public is asked to provide comments, suggestions, and 
recommendations for achieving the purpose and need for the Big Run 
Project. The public comment period will be for 30 days from the date 
the Environmental Protection Agency publishes this notice of 
availability in the Federal Register. Comments and suggestions should 
be submitted in writing and postmarked by March 9, 1999 to ensure 
timely consideration. To assist in commenting, a scoping letter 
providing more detailed information on the project proposal has been 
prepared and is available to interested parties.

FOR FURTHER INFORMATION CONTACT: Submit written comments and 
suggestions concerning the proposed action to: ``Big Run Project'', 
attention Mary Schoeppel--ID Team Leader, Marienville Ranger District, 
HC2 Box 130, Marienville, PA 16239. For further information, contact 
Mary Schoeppel@(814) 927-6628.

SUPPLEMENTARY INFORMATION: The issue of uneven-aged management often 
arises during the scoping process for projects such as this. We will 
therefore include at least one alternative to the Proposed Action which 
will evaluate the effects of applying uneven-aged management 
techniques. Issues which are generated through the scoping process may 
generate additional alternatives.
    Comments considered beyond the scope of this project and which will 
not be evaluated include whether or not commercial timber harvest 
should occur on National Forest System lands; the validity of the 
science of silviculture and forest management; and whether or not to 
allow the use of herbicides on the Allegheny National Forest on a 
programmatic level.
    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. In a recent legal opinion, the Forest Service's Office of 
General Council (OGC) has determined that names and addresses of people 
who respond to a Forest Service solicitation are not protected by the 
Privacy Act and can be released to the public. The Forest Service 
routinely gives notice of and requests comments on proposed land and 
resource management actions accompanied by environmental documents, as 
well as on proposed rules and policies. Comments received in response 
to such solicitations, including names and addresses of those who 
comment, will be considered part of the public record and will be 
available for such inspection, upon request. 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. The 
opinion states that such confidentiality may be granted in only very 
limited circumstances, such as to protect trade secrets.
    The Draft EIS is expected to be filed with the Environmental 
Protection Agency and to be available for public review during June of 
1999. At that time, the Environmental Protection Agency (EPA) will 
publish in the Federal Register a notice of availability of the draft 
environmental impact statement. The comment period on the draft will be 
45 days from the date the EPA notice 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 
draft environmental impact statements must structure their 
participation in the environmental review of the proposals 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 be raised at the 
draft environmental impact statement stage may be waived if not raised 
until after completion of the full environmental impact statement, City 
of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1988), 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.
    Comments on the draft environmental impact statement should be as 
specific as possible. It is also helpful if comments refer to specific 
pages or

[[Page 7163]]

chapters of the draft statement. Comments may also address the adequacy 
of the draft environmental impact statement or the merits of the 
alternatives formulated and discussed in the statement (Reviewers may 
wish to refer to CEQ Regulations for implementing the procedural 
provisions of the National Environmental Policy Act at 40 CFR 1503.3 in 
addressing these points). After the comment period ends on the draft 
environmental impact statement, the comments received will be analyzed 
and considered by the Forest Service in preparing the final 
environmental impact statement.
    The final environmental impact statement is scheduled to be 
completed in October, 1999. In the final EIS, the Forest Service is 
required to respond to the comments received (40 CFR 1503.4). The 
responsible official will consider the comments, responses, 
environmental consequences discussed in the environmental impact 
statement, and applicable laws, regulations and policies in making a 
decision regarding this proposal. The responsible official will 
document the decision and reasons for the decision in a Record of 
Decision. That decision will be subject to appeal under 36 CFR part 
215.
    The responsible official is Leon Blashock, District Ranger, 
Allegheny National Forest, HC2 Box 130, Marienville, PA 16239.

    Dated: February 2, 1999.
Leon Blashock,
District Ranger.
[FR Doc. 99-3447 Filed 2-11-99; 8:45 am]
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