[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Notices]
[Pages 12151-12152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6037]


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DEPARTMENT OF AGRICULTURE

Forest Service


Proposed Brown Creek Timber Sale, Payette National Forest, Idaho

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service will prepare an environmental impact 
statement (EIS) for the proposed Brown Creek Timber Sale, New Meadows 
Ranger District, Payette National Forest, Idaho. The proposed action 
would harvest timber, obliterate roads to reduce sediment, and close 
other roads to reduce wildlife vulnerability. The Forest prepared an 
environmental assessment (EA) for this project and issued a decision 
notice in September 1998. The Forest withdrew the decision in December 
1998 so that an updated analysis of roadless and old growth could be 
made and will prepare an EIS. The EA analyzed three alternatives, 
including a no action alternative. The proposed action would harvest 
within the Patrick Butte Roadless Area; however, no new roads would be 
constructed. All actions will follow the Chief's interim rule on road 
building. The alternatives considered in the EA, which would be 
analyzed in the draft EIS (DEIS), would harvest up to 4.3 million board 
feet of timber. Other alternatives will be developed depending on new 
issues raised.
    The agency gives notice of the full environmental analysis and 
decision making process that is continuing on the proposal so that 
interested and affected people know how they may participate and 
contribute to the final decision. The Forest conducted public scoping 
and addressed subsequent issues in the EA. The Forest now invites 
comments on the scope of the analysis and the issues to be addressed.

DATES: Comments on the scope of the analysis must be received by April 
10, 1999.

ADDRESSES: Submit written comments and suggestions to Jack Irish, Brown 
Creek Team Leader, New Meadows Ranger District, Payette National 
Forest, PO Box J, New Meadows, Idaho 83654.

FOR FURTHER INFORMATION CONTACT: Questions about the project should be 
directed to Jack Irish, phone (208) 347-0300.

SUPPLEMENTARY INFORMATION: The Payette National Forest Plan (1988) 
provides Forest-wide direction for management of the resources of the 
Payette National Forest, including timber. The environmental impact 
statement for the Forest Plan (1988) analyzed a range of alternatives 
for management of the Brown Creek watershed. The Plan allocated this 
area to general forest, including timber management, and assigned it to 
Management Area #11. The area has had previous entries for timber 
harvest.
    As well as Forest-wide direction, the plan gives specific direction 
for this management area. It requires integrated protection of multiple 
resources

[[Page 12152]]

including fish, wildlife, range, soil and water, timber, and fire/
fuels.
    Public participation will be especially important at several points 
during the analysis, particularly during scoping of issues and during 
review of the DEIS.
    The scoping process includes:

1. Identifying potential issues.
2. Identifying issues to be analyzed in detail.
3. Eliminating insignificant issues or those covered by a relevant 
previous environmental analysis.
4. Determining potential cooperating agencies and responsibilities.

    Issues that were considered and analyzed in the EA were water 
quality and soils, wildlife habitat, vegetation, fire and fuels, 
roadless character and wilderness potential, air quality, biodiversity, 
economics and socio-economics, fish habitat, heritage resources, 
noxious weeds, range, recreation and visual quality, roads and access, 
threatened, endangered and sensitive plant species, and wetlands and 
floodplains. It is important to bring any new issues to the attention 
of the Forest now so that they may be considered in the EIS.
    The National Marine Fisheries Service, Department of Commerce, and 
the U.S. Fish and Wildlife Service, Department of Interior, have been 
consulted on potential impacts to threatened and endangered species.
    The second major opportunity for public input is with the DEIS. The 
DEIS will analyze a range of alternatives to the proposed action, 
including the no-action alternative. The DEIS is expected to be filed 
with the Environmental Protection Agency (EPA) and to be available for 
public review in May, 1999. EPA will then publish a notice of 
availability of the DEIS in the Federal Register. Public comments are 
invited.
    The comment period on the DEIS will be 45 days from the date the 
EPA 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 
DEIS's must structure their participation in the environmental review 
of the proposal so that it is meaningful and alerts the 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 DEIS stage but that are not raised until after 
completion of the final environmental impact statement (FEIS) 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 FEIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the DEIS 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 DEIS 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.
    In the FEIS the Forest Service is required to respond to comments 
received (40 CFR 1503.4). The responsible official will consider the 
comments, responses, environmental consequences discussed in the FEIS, 
which is expected to be completed in August, 1999, and applicable laws, 
regulations, and policies in making the final decision regarding this 
proposal. The responsible official will document the decision and 
reasons for it in the Record of Decision. That decision will be subject 
to appeal under 36 CFR 215.
    David F. Alexander, Forest Supervisor of the Payette National 
Forest, McCall, Idaho, is the responsible official for this EIS.

    Dated: March 4, 1999.
David F. Alexander,
Forest Supervisor.
[FR Doc. 99-6037 Filed 3-10-99; 8:45 am]
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