[Federal Register Volume 64, Number 101 (Wednesday, May 26, 1999)]
[Notices]
[Pages 28447-28449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13404]


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DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Intent To Prepare an Environmental Impact Statement; 
Finger Mountain Timber Sale(s), Sitka Ranger District, Tongass National 
Forest, Sitka, AK

AGENCY: Forest Service, USDA.

ACTION: Notice of intent.

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SUMMARY: The Department of Agriculture, Forest Service will prepare a 
Draft Environmental Impact Statement for the Finger Mountain Timber 
Sale(s) project, located on the Sitka Ranger District of the Tongass 
National Forest. This Notice of Intent revises the proposed action for 
the Finger Mountain project and the schedule for the decision described 
in the Notice of Intent published June 30, 1997 (Federal Register: 
Volume 62, Number 125, Pages 35145-351460), and in the Notice of Intent 
published July 23, 1997 (Federal Register: Volume 62, Number 141, Page 
39498).

DATES: Comments concerning the scope of the analysis should be received 
in writing by June 25, 1999.

ADDRESSES: Send written comments to; Finger Mountain Planning Team, 
Sitka Ranger District, 204 Siginaka Way, Sitka, AK 99835.


[[Page 28448]]


FOR FURTHER INFORMATION CONTACT: Lisa Winn, Team Leader, or Bill 
Lorenz, Planning Group Leader, Sitka Ranger District, 204 Siginaka Way, 
Sitka, AK 99835, phone (907) 747-6671, fax (907) 747-4331, email 1winn/
[email protected], or blorenz/[email protected].

SUPPLEMENTARY INFORMATION: The new proposed action for the Finger 
Mountain Timber Sale(s) project includes the following: (1) Timber 
harvest and subsequent regeneration on approximately 936 acres of 
forested land resulting in the production of approximately 21.4 million 
board feet of sawlog and utility timber; (2) construction of 
approximately 9.8 miles of permanent road, 10.9 miles of temporary 
road, and reconstruction of approximately 13.4 miles of existing road; 
(3) construction of one new log transfer facility and reconstruction of 
one existing log transfer facility. This proposed action is one 
alternative for meeting the purpose and need for the project.
    The Finger Mountain project area is now expected to provide between 
10 and 25 million board feet of timber to the timber industry in one or 
more timber sales. The actual range of alternatives considered in the 
Environmental Impact Statement will be determined during analysis.
    The purpose and need for the Finger Mountain project consist of the 
following four items: (1) To implement the direction contained in the 
Modified 1997 Tongass National Forest Land and Resource Management Plan 
and the 1999 Record of Decision, including goals, objectives, 
management prescriptions, and standards and guidelines; (2) to maintain 
wood production from suitable timber lands, providing a continuous 
supply of wood to meet societies needs; (3) to help provide a stable 
supply of timber from the Tongass National Forest which meets existing 
and potential market demand and is consistent with sound multiple use 
and sustained yield objectives; and (4) to help meet the desired future 
condition of the landscape as described by the Modified 1997 Forest 
Plan.

Public Comment

    Federal, State, and local agencies, as well as individuals and 
organizations who may be interested in, or affected by, the proposed 
action are invited to participate in the scoping process. This process 
will determine the scope and significant issues to be analyzed in depth 
in the Environmental Impact Statement.
    Following the publication of this notice, a scoping document will 
be mailed to interested people and organizations. The document will 
briefly describe the project and project area, the proposed action, and 
will invite public comment.
    Following scoping, the interdisciplinary planning team will review 
comments received during the scoping period to determine which issues 
are significant and within the scope of this project. If issues are 
identified that were not previously noted, the team will develop 
alternatives that address all of the significant issues. Significant 
issues identified to date include potential effects on the following: 
(1) Wildlife requiring old-growth forest habitat, (2) subsistence 
opportunities, (3) scenic resources and recreation experiences. (4) 
marine environment from log transfer facilities and logging camps, and 
(5) economic opportunities for small-scale timber operators.
    If no additional issues are identified, the team will proceed with 
the current alternative development already underway. One of the 
alternatives will be the ``No Action'' alternative, in which no 
additional timber harvest or road construction is proposed. Other 
alternatives will consider various levels and locations of timber 
harvest in response to issues and non-timber objectives. The team will 
then prepare a Draft Environmental Impact Statement which will display 
the alternatives and the direct, indirect, and cumulative effects of 
each alternative.
    The Draft Environmental Impact Statement is expected to be filed 
with the Environmental Protection Agency by December, 1999. The comment 
period on the Draft Environmental Impact Statement will be 45 days from 
the date the Environmental Protection Agency publishes the Notice of 
Availability in the Federal Register. In addition to commenting on the 
proposed action and the Draft Environmental Impact Statement when it is 
released, agencies and other interested persons or groups are invited 
to write to or speak with Forest Service officials at any time during 
the planning process.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action or any other alternatives, 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 Environmental Impact Statement. Comments may also 
address the adequacy of the Draft Environmental Impact Statement or the 
merits of the alternatives formulated and discussed in the document. 
Reviewers may wish to refer to the Council on Environmental Quality 
Regulations for implementing the procedural provisions of the National 
Environmental Policy Act, 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 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 trace 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 the name and address.

Decisions To Be Made

    Fred S. Salinas, Assistant Forest Supervisor of the Tongass 
National Forest, is now the responsible official and will decide 
whether or not to authorize timber harvest within the Finger Mountain 
project area. In addition, if timber harvest will occur, he will 
determine the following: (1) whether the design of the timber sale(s) 
is consistent with meeting resource protection standards and guidelines 
in the Modified 1997 Forest Plan and the 1999 Record of Decision; (2) 
how much timber volume will be made available and what are the effects 
of the planned activities; (3) the location and design of the timber 
harvest units, log transfer facilities, and road system; (4) mitigation 
and monitoring required for sound resource management; (5) whether 
there is a significant possibility of a significant restriction on 
subsistence uses; and (6) road management objectives, including 
closures for resource protection and economics.
    The Final Environmental Impact Statement and Record of Decision is 
expected to be released by June, 2000. The Responsible Official will 
make a

[[Page 28449]]

decision regarding this proposal after considering public comments, the 
environmental consequences displayed in the Final Environmental Impact 
Statement, and applicable laws, regulations, and policies. The decision 
and supporting reasons will be documented in the Record of Decision.
    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 believes 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 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 
Environmental Impact Statement 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, 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 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 and respond to them 
in the Final Environmental Impact Statement.

    Dated: May 17, 1999.
John C. Sherrod,
Acting Assistant Forest Supervisor.
[FR Doc. 99-13404 Filed 5-25-99; 8:45 am]
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