[Federal Register Volume 64, Number 131 (Friday, July 9, 1999)]
[Notices]
[Pages 37092-37093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17127]


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DEPARTMENT OF AGRICULTURE

Forest Service


Long Clear Project, Boise National Forest, Boise 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, and road and dispersed-campsite 
treatments (including road closures), in the Lower Clear Creek 
subwatershed of the Clear Creek drainage. During the winter months of 
1996-97, heavy snows and saturated soils caused blow down of trees 
within the Clear Creek drainage of the Lowman Ranger district. The 
blown down trees were subsequently attacked by Douglas-fir beetles in 
the spring and summer of 1997. Pure, dense stands of Douglas-fir 
stressed by drought and previous insect or disease attack are 
particularly susceptible to Douglas-fir beetle infestations that can 
kill large forested areas. Because there are dense, stressed Douglas-
fir stands within the project area, many of these areas are at risk of 
insect and disease infestation. Some areas also remain less resistant 
and resilient to unnaturally severe wildfire. These areas need to be 
thinned, and in some cases, seral species need to be restored, to 
improve their resistance and resilience to uncharacteristic events. 
Some trees are infested with bark beetles or infected with mistletoe 
and other disease, and are expected to die. Prompt salvage of these 
trees is needed if their economic value is to be captured. In addition, 
many roads within the project area are contributing sediment, and need 
to be reconstructed, rehabilitated and/or closed to enhance water 
quality, protect native fish habitat and help restore healthy aquatic 
conditions in the Clear Creek watershed. The ford on the Long Clear 
road (Forest road 545), and dispersed campsites, need to be treated to 
reduce impacts to water quality and fish habitat.
    During the winter and spring of 1998, the Lowman District prepared 
an environmental assessment (EA) for this proposed timber sale and a 
Decision Notice and Finding of No Significant Impact was signed in May 
1998. Subsequently, American Wildlands and the Idaho Sporting Congress 
filed suit in Federal District Court. The District Court's decision 
found the EA did not contain or refer to the ``hard data'' supporting 
the project's purpose and need, and directed the Forest Service to 
prepare adequate National Environmental Policy Act (NEPA) documentation 
for the proposed project. The Forest Service has determined an EIS is 
the appropriate form of documentation for the proposed Long Clear 
Timber Sale.
    The Lowman Ranger District of the Boise National Forest proposes to 
treat about 5,700 acres through commercial thinning, precommercial 
thinning, salvage harvest, and reforestation, to reduce stand density 
and improve resistance and resilience to uncharacteristic events, and 
to capture the economic value of dead and dying trees. No timber 
harvest would occur in Riparian Habitat Conservation Areas or in the 
Deadwood or Red Mountain Inventoried Roadless Areas. Twelve pheromone 
bait stations have been established to attract Douglas-fir bark beetles 
into easily accessible concentrations of trees. These bait stations 
resulted in Douglas-fir bark beetle infestations in approximately 400 
trees. These 400 trees would be harvested as a portion of this 
proposal. Activity (harvest-related) fuels would be burned on about 
4,600 acres to reduce fuel buildup and the potential for unnaturally 
intense wildfires. Prescribed fire would be undertaken on about 500 
acres, to burn natural fuels in areas where natural fire has not 
occurred as often as could be historically expected. Ten dispersed-
recreation sites along Clear Creek would be treated to reduce impacts 
on water quality and fish habitat resulting from recreational use. A 
total of 6.9 miles of currently open but impassable road would be 
closed year long to full-sized motorized vehicles and converted to a 
seasonal motorized trail. A total of 3.6 miles of currently open roads 
would be closed and revegetated, and 2.1 miles of currently closed 
roads would be revegetated. The Long Creek road (Forest road 545) 
bridge across Clear Creek would be reconstructed, eliminating use of 
the current ford. Additionally, approximately 20 miles of existing road 
(mostly along the Long Creek road) would be reconstructed to facilitate 
harvest activities and reduce sediment delivery, in accordance with 
INFISH guidelines.

DATES: Written comments concerning the scope of the analysis described 
in this Notice should be received by July 23, 1999 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 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 thin and harvest National Forest System 
timber, treat roads and dispersed campsites, and reduce natural and 
activity fuels through prescribed fire. The draft EIS is expected to be 
available

[[Page 37093]]

for public review in September 1999, with a final EIS estimated to be 
completed in November 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 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 protect 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 requester the comments 
may be resubmitted with or without name and address within 10 days.

    Dated: June 29, 1999.
David Rittenhouse,
Forest Supervisor.
[FR Doc. 99-17127 Filed 7-8-99; 8:45 am]
BILLING CODE 3410-11-M