[Federal Register Volume 64, Number 52 (Thursday, March 18, 1999)]
[Notices]
[Pages 13396-13397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6613]


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DEPARTMENT OF AGRICULTURE

Forest Service


Environmental Impact Statement Preparation for the Goose Pond 
Project, Allegheny National Forest, McKean 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 Goose Pond Project.
    The purpose of this project is to salvage mortality and 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 allocate land to 
management for both wood production (Management Area 3.0); and scenic 
quality (Management Area 6.1). The Goose Pond project is located within 
management areas, 3.0 and 6.1.
    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 ferm, grass or undesirable woody vegetation 
need to develop seedling vegetation. Project proposals include timber 
harvesting 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 194 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, 549 acres of 
thinning in immature stands to reduce the competition for light and 
nutrients, thereby improving the health and vigor of residual trees; 
and 232 acres of salvage thinning to salvage dead and dying trees. 
Associated with these silvicultural activities includes approximately 
3.4 miles of new road construction (1.8 miles are existing non-system 
roads), 5.9 miles of road restoration, 2.6 miles of road betterment, 
expansion of 4 stone pits, and development of 3 additional stone pits 
to provide an adequate long-term transportation system. Wildlife 
habitat improvement measures in the form of planting 20 acres of trees 
and shrubs, 3 acres of grasses, underplanting 60 acres of conifer 
cover, constructing a 1 acre permanent wildlife opening, pruning of 5 
acres of apple trees, 1.0 mile of fish habitat improvements, and 
placement of 8 next boxes to supplement the existing conditions.
    After completion of the analysis, the responsible official will 
select an alternative that maximizes net public benefits for the Goose 
Pond Project area.

DATES: The public is asked to provide comments, suggestions, and 
recommendations for achieving the purpose and need for the Goose Pond 
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 April 20, 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: ``Goose Pond Project''. 
attention Edward L. Hale--ID Team Leader, Marienville Ranger District, 
HC2 Box 130, Marienville, PA 16239. For further information, contact 
Edward L. Hale at (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 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 (FOIC) 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 final

[[Page 13397]]

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 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: March 5, 1999.
Leon Blashock,
District Ranger.
[FR Doc. 99-6613 Filed 3-17-99; 8:45 am]
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