[Federal Register Volume 67, Number 46 (Friday, March 8, 2002)]
[Notices]
[Pages 10661-10662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5518]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 67, No. 46 / Friday, March 8, 2002 / 
Notices  

[[Page 10661]]



DEPARTMENT OF AGRICULTURE

Forest Service


Shady/Highbush Environmental Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: The Department of Agriculture, Forest Service, will prepare an 
Environmental Impact Statement (EIS) on a proposal to harvest timber in 
the Shady Highbush Timber Sale Project area, Wrangell Ranger District, 
Tongass National Forest. The proposed action is to harvest an estimated 
8 million board feet (mmbf) on approximately 500 acres with about 5 
miles of new road construction. The range of alternatives being 
developed to respond to the significant issues, besides no action, will 
likely be 2-10 million board feet of timber on an estimated 300-800 
acres in one or more timber sales. The purpose and need of the timber 
sale is to: Contribute to the production of a sustained yield of timber 
and mix of other resource activities from the Tongass National Forest, 
consistent with Forest Plan Standards and Guidelines; seek to provide a 
timber supply sufficient to meet the annual and planning cycle market 
demand for Tongass National Forest timber; provide a diversity of 
opportunities for resource uses that contribute to the economies of 
Southeast Alaska; and support a wide range of natural resource 
employment opportunities within Southeast Alaska's communities. The 
Tongass Forest Supervisor will decide on whether or not to harvest 
timber from this area, and if so, how this timber would be harvested. 
The decision will be documented in a Record of Decision based on the 
information disclosed in the EIS and the goals, objectives and desired 
future conditions as stated in the Forest Plan.

DATES: Opportunities for comment are available throughout the process. 
Individuals interested in receiving a scoping package should contact us 
within 30 days of the publication of this NOI. Comments will be most 
helpful if received by March 31, 2002. Additional opportunities for 
comment will be provided after release of the Draft EIS, anticipated in 
early summer, 2002.

ADDRESSES: Please send written comments to Wrangell Ranger District; 
Attn: Shady/Highbush EIS; PO Box 51, Wrangell, AK 99929.

FOR FURTHER INFORMATION CONTACT: Chip Weber, District Ranger, or Randy 
Hojem, IDT Leader, Wrangell Ranger District, Tongass National Forest, 
PO Box 51, Wrangell, AK 99929, telephone (907) 874-2323.

SUPPLEMENTARY INFORMATION: The proposed timber harvest is located 
within Tongass Forest Plan Value Comparison Units 478, 480, 504 and 505 
on Wrangell Island, Alaska, Wrangell Ranger District of the Tongass 
National Forest. Approximately 65% of proposed sale units are located 
within Inventoried Roadless Areas on Wrangell Island. In 2001, the 
Secretary of Agriculture began a review of the roadless area rule and 
the Chief of the Forest Service undertook a review of the road 
management policy. These reviews have led the agency to initiate 
several Interim Directives with the intent that the values associated 
with inventoried roadless areas are fully considered within the context 
of forest planning. In Sierra Club v. Lyons (J00-0009) (CV)), the US 
District Court, District of Alaska enjoined the Tongass National Forest 
from taking any action to change the wilderness character of any 
eligible roadless area until a supplemental environmental impact 
statement (SEIS) has been completed. The injunction was lifted and the 
Forest Service is currently preparing the SEIS to address wilderness 
recommendations. Planning for the Shady Highbush Timber Sale Project 
will continue simultaneously and in coordination with the SEIS and meet 
the requirements in the Interim Directives. The sale is currently 
listed on the Tongass 10-year action plan to be sold in 2004. The 
repercussions of delaying the project planning process regarding road 
building and timber harvest, even for a relatively short period, can 
have a significant effect on the amount of timber available for sale on 
the Tongass over the next few years. The Shady Highbush Timber Sale 
Project is consistent with the 1997 Tongass Land Management Plan.
    Public participation will be an integral component of the study 
process and will be especially important at several points during the 
analysis. The first is during the scoping process. The Forest Service 
will be seeking information, comments, and assistance from Tribal 
Governments, Federal, State, and local agencies, individuals and 
organizations that may be interested in, or affected by, the proposed 
activities. The scoping process will include: (1) Identification of 
potential issues; (2) identification of issues to be analyzed in depth; 
and, (3) elimination of insignificant issues or those which have been 
covered by a previous environmental review. Written scoping comments 
are being solicited through a scoping package that will be sent to the 
project mailing list. For the Forest Service to best use the scoping 
input, comments should be received by March 31, 2002. Tentative issues 
identified for analysis in the EIS include the potential effects of the 
project on and the relationship of the project to: Old-growth ecosystem 
management and the maintenance of habitat for viable populations of 
wildlife species, timber sale economics and road construction/access 
management.
    Based on results of scoping and the resource capabilities within 
the project area, alternatives including a ``no action'' alternative 
will be developed for the Draft Environmental Impact Statement (Draft 
EIS). The Draft EIS is projected to be filed with the Environmental 
Protection Agency (EPA) in the summer of 2002. The Final EIS is 
anticipated in early 2003.
    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.
    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

[[Page 10662]]

contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 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 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 
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 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 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.
    Permits: Permits required for implementation include the following:

1. U.S. Army Corp of Engineers
    --Approval of discharge of dredged or fill material into the waters 
of the United States under Section 404 of the Clean Water Act;
    --Approval of the construction of structures or work in navigable 
waters of the United States under section 10 of the Rivers and Harbors 
Act of 1899;
2. Environmental Protection Agency
    --National Pollutant Discharge Elimination System (402) Permit;
    --Review Spill Prevention Control and Countermeasure Plan;
3. State of Alaska, Department of Natural Resources
    --Tideland Permit and Lease or Easement;
4. State of Alaska, Department of Environmental Conservation
    --Solid Waste Disposal Permit;
    --Certification of Compliance with Alaska Water Quality Standards 
(401 Certification)

    Responsible Official: Thomas Puchlerz, Forest Supervisor, Tongass 
National Forest, Federal Building, Ketchikan, Alaska 99901, 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: February 12, 2002.
Thomas Puchlerz,
Forest Supervisor.
[FR Doc. 02-5518 Filed 3-7-02; 8:45 am]
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