[Federal Register Volume 65, Number 146 (Friday, July 28, 2000)]
[Notices]
[Pages 46421-46422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18520]


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DEPARTMENT OF AGRICULTURE

Forest Service


McKean County, PA; Intent To Prepare Environmental Impact 
Statement

AGENCY: Forest Service, USDA.

ACTION:  Notice of intent.

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SUMMARY: The Forest Service, Allegheny National Forest, Bradford Ranger 
District will prepare a Draft Environmental Impact Statement to 
disclose the environmental consequences of the proposed Lewis Run 
Project. The Forest Service is proposing to move from the existing 
condition towards the Desired Future Condition, as detailed in the 
Allegheny National Forest Land and Resource Management Plan.
    Proposed activities to meet the Desired Future Condition are: (1) 
Regeneration harvest consisting of shelterwood/removal cuts, removal 
cuts, 2-age harvest, and salvage shelterwood/removal cut; (2) 
Intermediate harvest consisting of thinning and salvage; (3) 
Reforestation treatment consisting of herbicide application, site 
preparation, fertilization, and cleaning and weeding (non-commercial 
timber stand improvement); (4) Wildlife habitat improvement consisting 
of conifer/mast underplanting, commercial release, opening 
construction/seeding, apple trees pruning, planting in openings, non-
commercial release, and enhancing vernal pond; (5) Transportation 
activities consisting of road reconstruction, closing roads and 
seeding, limestone surfacing, installing gates, and pit expansion.

DATES: Comments and suggestions concerning the scope of the analysis 
should be submitted (postmarked) by August 28, 2000 to ensure timely 
consideration.

ADDRESSES: Submit written, oral, or e-mail comments by: (1) mail--Lewis 
Run Project, ID Team Leader, Star Route 1 Box 88, Bradford, PA 16701; 
(2) phone--814-362-4613; (3) e-mail--anf/[email protected] (Please 
note: when commenting by e-mail be sure to list Lewis Run EIS in the 
subject line and include a US Postal Service address so we may add you 
to our mailing list).

FOR FURTHER INFORMATION CONTACT: Andrea Hille or Ruth Miller, Bradford 
Ranger District, at 814-362-4613.

SUPPLEMENTARY INFORMATION: The Allegheny Forest Plan provides for 
management of forest resources. Management objectives include producing 
a sustainable supply of high-quality sawtimber and wood products, 
developing and maintaining a wide array of wildlife habitats, and 
providing a range of recreation settings and experiences. Specific 
objectives are defined for each Management Area, and the Lewis Run 
Project is located entirely within Management Area 3.0, which 
emphasizes timber harvest as a means for making desired changes to 
forest vegetation and satisfying the public demand for wood products.
    Preliminary Issues were developed based on past projects in the 
area (environmental assessments), issues developed for similar 
projects, and Forest Service concerns and opportunities identified in 
the Project Area. These issues are listed below:
    1. Road Management--The Forest Service will complete a Roads 
Analysis, which includes evaluating all roads in the Project Area for 
effects to the ecosystem. The proposed action requires examining the 
road system to determine if the existing road system is adequate (or if 
improvements are needed), and if any roads need to be closed for 
resource protection or other reasons (e.g., water quality, wildlife, or 
recreation opportunities).
    2. Even-Aged/Uneven-Aged Management--The Forest Plan provides 
direction regarding the primary silvicultural system to be used in each 
management area; for Management Area 3.0 it is even-aged management. 
Uneven-aged management is an option considered for inclusions such as 
riparian areas, wet soils, or visually sensitive areas. A court 
decision (10/15/97) determined that the Forest should more fully 
explore the use of uneven-aged management techniques.
    3. Threatened and Endangered Species--The Forest Service is 
mandated to protect all proposed, threatened, endangered and sensitive 
(PETS) species. Suitable Indiana and Northern long-eared bat habitat 
was sampled within the project area in 1999; although no bats were 
detected or captured, the project area is assumed to provide occupied 
habitat for both species. All treatments in the proposed action would 
adhere to terms and conditions set forth in the 6/1/99 Biological 
Opinion issued by the US Fish and Wildlife Service.
    Commenting: A range of alternatives will be considered after public 
comments are received and analyzed. One of these will consider No 
Action for the Project Area. The Draft EIS is expected to be filed with 
the Environmental Protection Agency and available for public review by 
January 2001. At that time the Environmental Protection Agency will 
publish a Notice of Availability of the document in the Federal 
Register (this will begin the 45-day comment period on the Draft EIS). 
After the comment period ends on the Draft EIS, the comments will be 
analyzed and considered by the Forest Service in preparing the final 
environmental impact statement. The Final EIS is scheduled for release 
in June 2001.
    Comments received, including names and addresses of those who 
comment, will be considered part of the public record and may be 
subject to public disclosure. 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 Forest Service believes it is important to give reviewers 
notice at this early stage of several court ruling 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 objection that could be raised at the 
draft environmental impact statement state but that are not raised 
until after completion of the final environmental impact statement 
stage may be waived or dismissed by the courts (City of Angoon v. 
Hodel, 803 f.2nd 1016, 1022 [9th Cir. 1986] and Wisconsin Heritages, 
Inc. v. Harris, 490 F. Supp. 1334, 1338 [E.D. Wis. 1980]).
    Because of the above 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 are made available to 
the Forest Service at a time when they can be meaningfully considered 
and responded to 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, 
sections, 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

[[Page 46422]]

the statement. Reviewers may wish to refer to Council on Environmental 
Quality Regulations for implementing the procedural provisions of the 
National Environmental Policy Act at CFR 1503.3 in addressing these 
points.
    This decision will be subject to appeal under 36 CFR 215. The 
responsible official is John R. Schultz, Bradford Ranger District, Star 
Route 1 Box 88, Bradford, PA 16701.

    Dated: July 17, 2000.
John R. Schultz,
District Ranger.
[FR Doc. 00-18520 Filed 7-27-00; 8:45 am]
BILLING CODE 3410-11-P