[Federal Register Volume 66, Number 189 (Friday, September 28, 2001)]
[Notices]
[Pages 49613-49614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24267]


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DEPARTMENT OF AGRICULTURE

Forest Service


Tongass Forest Plan Revision Supplemental Environmental Impact 
Statement

AGENCY: Forest Service, USDA.

ACTION:  Notice of intent to supplement an environmental impact 
statement.

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SUMMARY: The Department of Agriculture, Forest Service, will prepare a 
supplemental environmental impact statement (SEIS) that evaluates and

[[Page 49614]]

considers roadless areas within the Tongass National Forest for 
recommendations as potential wilderness areas. The Record of Decision 
will disclose the Regional Forester's decision of whether to recommend 
lands on the Tongass National Forest for inclusion in the National 
Wilderness Preservation System. Those recommendations will receive 
further review and possible modification by the Chief of the Forest 
Service and the Secretary of Agriculture. The Congress has reserved the 
authority to make final decisions on wilderness designations.

DATES: A public mailing that outlines the project timeline and public 
involvement opportunities is planned for distribution in September 
2001. The Draft SEIS is expected in January 2002 and will begin a 9-day 
public comment period. Public meetings will be scheduled during the 90-
day comment period. The Final SEIS and Record of Decision are expected 
during the Summer of 2002.

ADDRESSES: Please send written correspondence to: Forest Supervisor, 
Tongass National Forest, Attn: Forest Plan SEIS, 648 Mission Street, 
Ketchikan, AK 99901.

FOR FURTHER INFORMATION CONTACT: Questions about the SEIS should be 
directed to Larry Lunde, SEIS Team Leader, 648 Mission Street, 
Ketchikan, AK 99901. (Telephone 907-228-6303 or e-mail 
[email protected])

SUPPLEMENTARY INFORMATION: In Sierra Club v. Lyons (J00-0009), the U.S. 
District Court, District of Alaska ordered the Tongass National Forest 
to prepare a supplemental environmental impact statement that evaluates 
and considers roadless areas within the Tongass for recommendation as 
potential wilderness areas. The Court found that the Forest Service had 
violated the National Forest Management Act (NFMA) and the National 
Environmental Policy Act (NEPA) in the Forest Plan Revision by failing 
to consider any alternatives with new wilderness recommendations in the 
Revision Final EIS. The Forest Service will provide the relative 
contribution to the National Wilderness System in its analysis of the 
management situation, also included in the Court's order.
    The Tongass Forest Plan Revision examined 110 inventoried roadless 
areas for potential wilderness recommendations. Each of the roadless 
areas was analyzed and results were recorded in Appendix C of the 
Analysis of the Management Situation (AMS). The SEIS will update 
Appendix C of the AMS and the Forest Plan Roadless Inventory Map to 
reflect current conditions. The 1997 Tongass Forest Plan will be used 
as a baseline for land allocation and to reflect the No Action 
alternative. A range of alternatives relative to wilderness 
recommendations for all roadless areas on the Tongass National Forest 
will be developed.
    Opportunities for the public to participate in the development of 
the SEIS will be provided throughout the process. The Forest Service 
will use a combination of methods to engage and involve the public 
throughout the development of the SEIS. Methods include public 
mailings, establishment of an internet webpage specific for the SEIS, 
public meetings and the news media. The SEIS team will also use 
information from previous public input efforts related to wilderness 
and management of roadless areas on the Tongass National Forest. These 
include public comments on the 1997 Forest Plan Revision Draft EIS 
documents, as well as, public input on the 2001 National Roadless Area 
Conservation Rule and the National Forest Transportation Rule and 
Policy documents specific to the Tongass National Forest. The comment 
period on the Draft SEIS will be a minimum of 90 days from the date the 
Environmental Protection Agency (EPA) publishes the notice of 
availability in the Federal Register. A series of public meetings will 
be held during the 90-day public comment period. The Draft SEIS is 
projected to be filed with the EPA in January 2002.
    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 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. NEDC, 435 U.S. 519, 
553, (1978). Environmental objections that could have been raised at 
the draft 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 these court rulings, it is very 
important that those interested in this proposed action participate by 
the close of the 90-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 
supplemental environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns of the proposed action, comments during scoping and 
comments on the draft supplemental 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 supplemental environmental impact 
statement 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. 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. Requesters should be aware that, under FOIA, 
confidentiality may be granted in only very 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 that the comments may be 
resubmitted with or without name and address within 7 days.
    No permits are required for preparation of this SEIS.
    The Regional Forester, Alaska Region of the Forest Service, Juneau, 
Alaska is the responsible official. The responsible official will 
consider the comments, response, disclosure of environmental 
consequences, and applicable laws, regulations, and policies in making 
the decision and stating the rationale in the Record of Decision.

    Dated: September 14, 2001.
Beth Giron Pendleton,
Acting Deputy Regional Forester for Natural Resources.
[FR Doc. 01-24267 Filed 9-27-01; 8:45 am]
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