[Federal Register Volume 66, Number 66 (Thursday, April 5, 2001)]
[Notices]
[Pages 18072-18073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8402]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Shoreline Outfitter/Guide Environmental Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Revision of the notice of intent to prepare an environmental 
impact statement for the saltwater shoreline-based outfitter-guide 
capacity previously published in Federal Register (65 FR 2575-2576, 
Jan. 18, 2000). This revision is in response to public comment and 
includes changes in the title, proposed action, and project schedule. 
The project area has been expanded to include the Tracy Arm-Fords 
Terror Wilderness.

-----------------------------------------------------------------------

SUMMARY: The Department of Agriculture, Forest Service, will prepare an 
Environmental Impact Statement (EIS) to authorize commercial outfitter/
guide activities within the Admiralty Island National Monument and 
Juneau, Hoonah and Sitka Ranger Districts of the Tongass National 
Forest including the Tracy Arm-Fords Terror Wilderness. The analysis 
will consider shoreline-based commercial recreation use. The decision 
to prepare an EIS is a result of initial public involvement that began 
with public scoping in October 1998. The Record of Decision will 
disclose how the Forest Service has decided to allocate shoreline-based 
recreation capacity for commercial and noncommercial recreation uses.
    The recreation capacity of the study area has been determined in a 
previous analysis of available shoreline recreational capacity based on 
the Recreation Opportunity Spectrum, Tongass Forest Plan standards and 
guidelines dealing with social encounters, and physical conditions such 
as anchorages, shoreline facilities, and resource concerns. Proposed 
commercial allocations are based on a percentage of the total 
recreation carrying capacity of individual Use Areas, or subunits 
within the Use Areas. Under the Proposed Action, allocation to 
commercial guided use would range from 10 to 40 percent of the total 
recreation carrying capacity within each Use Area and would depend on 
considerations such as season, distance from communities, subsistence 
use and potential impacts to resources. Areas would be identified for 
large group use. The Proposed Action no longer allocates commercial 
recreation capacity specifically to brown bear hunting guides; they are 
included in the general commercial allocation. The Proposed Action 
provides for limited commercial allocations in the spring and fall 
season to provide more opportunities for a primitive recreation 
experience. A No Action alternative and other alternatives which 
respond to significant issues will be developed, analyzed and compared 
in the Draft EIS (DEIS).

DATES: To be most useful in this analysis scoping comments should be 
received by May 1, 2001; however scoping comments will be accepted at 
any time. Comments received in response to the original Notice of 
Intent are included in this analysis.

ADDRESSES: Please send written comments to: Sitka Supervisor's Office, 
Tongass National Forest, 204 Siginaka Way, Sitka, AK 99835 Attention: 
Shoreline Outfitter/Guide EIS.

FOR FURTHER INFORMATION CONTACT: Bob Dalrymple, Planning Team Leader, 
or Mary Beth Nelson, Recreation Specialist, at the Sitka Supervisor's 
Office, Tongass National Forest, 204 Siginaka Way, Sitka, AK 99835 
telephone (907) 747-6671.

SUPPLEMENTARY INFORMATION: The Forest Service will continue to seek 
information, comments, and assistance from Federal, State and local 
agencies, tribal organizations, individuals, and organizations that may 
be interested in, or affected by the proposed activities. Comments 
received as a result of both the earlier public involvement and the 
current scoping will be included in this analysis. All comments will be 
analyzed to identify issues to be considered in the EIS. Tentative 
issues for analysis in the EIS identified from previous scoping include 
potential effects of the allocation to economic opportunities, 
conflicts between commercial operations, and effects on noncommercial 
resident users. Impacts to wildlife habitat and other forest resources, 
and the effect on subsistence uses will be included in the analysis. 
Based on the results of scoping and the resource capabilities within 
the study area, alternatives including a no-action alternative will be 
developed, analyzed, and compared. The DEIS is projected to be filed 
with the EPA in May 2001. The comment period on the DEIS will be 45 
days from the date the Environmental Protection Agency publishes the 
notice of availability in the Federal Register. Comments on the DEIS 
will be considered and responded to in the Final EIS (FEIS), 
anticipated by July 2001.
    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 
the DEIS 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 DEIS stage but that are not raised until after 
completion of the FEIS may be waived or dismissed by the courts. City 
of Angoon v. Hodel, 803

[[Page 18073]]

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 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 DEIS. 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. 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 and May be Released 
Under FOIA. Comments submitted anonymously will be accepted and 
considered; however, those who submit anonymous comments will not have 
standing to appeal the subsequent decision (36 CFR parts 215 or 217).

Responsible Official

    Fred Salinas, Assistant Forest Supervisor, Tongass National Forest, 
204 Siginaka Way, Sitka, Alaska 99835-7316, is the responsible 
official. In making the decision, the responsible official will 
consider the comments, responses, disclosure of environmental 
consequences, and applicable laws, regulations, and policies. The 
responsible official will state the rationale for the chosen 
alternative in the Record of Decision.

    Dated: March 23, 2001.
Fred S. Salinas,
Assistant Forest Supervisor.
[FR Doc. 01-8402 Filed 4-4-01; 8:45 am]
BILLING CODE 3410-11-M