[Federal Register Volume 67, Number 92 (Monday, May 13, 2002)]
[Notices]
[Pages 32007-32008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11828]


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DEPARTMENT OF AGRICULTURE

Forest Service


Virginia Forest Management Project 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) for the Virginia Area. The Record 
of Decision will disclose how the Forest Service has decided to manage 
approximately 101,000 acres of federal land. The proposed action would 
provide approximately 35 to 45 million board feet of timber to local 
and regional timber markets; final harvest approximately 5,000 acres of 
60+ year-old aspen and jack pine experiencing substantial mortality 
from blowdown, decay and old age; reduce fuel loading on approximately 
2,500 acres of mature red and white pine communities that are 
converting to balsam fir and brush through prescribed under-burning and 
other treatments to remove ladder fuels; hand release approximately 
2,000 acres of regenerated red pine, white pine and black spruce 
communities from competing vegetation, and provide access to non-
federally owned lands within the project boundaries. A road analysis 
will be done in conjunction with the Virginia project, to develop a 
mutual transportation plan. A range of alternatives responsive to 
significant issues will be developed, including a no-action 
alternative. The proposed project is located on the Laurentian Ranger 
District, Aurora, MN, Superior National Forest. In addition, the 
Laurentian Ranger District may create temporary openings greater than 
40 acres under 36 CFR 219.27 (d)(ii).

DATES: Comments concerning the scope of this project should be received 
by June 20, 2002.

ADDRESSES: Please send written comments to: Laurentian Ranger District, 
Superior National Forest, ATTN: Virginia EIS, 318 Forestry Road, 
Aurora, MN 55705.

FOR FURTHER INFORMATION CONTACT: Allan Bier, District Ranger, or 
Barbara Stordahl, Team Leader, Laurentian Ranger District, Superior 
National Forest, 318 Forestry Road, Aurora, MN 55705, or at (218) 229-
8800.

SUPPLEMENTARY INFORMATION: 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 federal, State and local agencies, individuals and 
organizations that may be interested 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 comments will be 
solicited through a scoping package that will be sent to the project 
mailing list and local newspaper. For the Forest Service to best use 
the scoping input, comments should be received by June 20, 2002. Issues 
identified for analysis in the EIS include the potential effects of the 
project and the relationship of the project to age class distribution, 
species composition, reforestation, fuel reduction treatment, temporary 
roads, rare resources, and others.
    Based on the results of scoping and the resource capabilities 
within the project area, alternatives, including a no-action 
alternative, will be developed for the Draft EIS. The Draft EIS is

[[Page 32008]]

projected to be filed with the Environmental Protection Agency (EPA) in 
May 2003. The Final EIS is anticipated in November 2003.
    The comment period on the Draft EIS will be a minimum of 45 days 
from the date that the EPA publishes the Notice of Availability in the 
Federal Register.
    The Forest Service believes, at this early stage, that 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]). 
Environmental objections that could have been raised at the Draft EIS 
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 they can be meaningfully considered and 
responded to in the Final EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns of the proposed action, comments during scoping, and on 
the Draft EIS, should be as specific as possible and refer to specific 
pages or chapters. Comments may address the adequacy of the Draft EIS, 
or the merits of the alternatives formulated and discussed. In 
addressing these points, reviewers may wish to refer to the Council on 
Environmental Quality regulations for implementing the procedural 
provisions of the National Environmental Policy Act in 40 CFR 1503.3. 
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. 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. If 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 seven days.

Permits/Authorizations

    The proposed action may create temporary openings greater than 40 
acres. A 60-day public notice and review by the Regional Forester would 
be needed for such action.
    Easement or permission to cross non-federal property may be needed 
to access some treatment units to implement Forest Service activities.

Responsible Official

    James W. Sanders, Forest Supervisor, Superior National Forest, 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 
chose alternative in the Record of Decision.

James W. Sanders,
Forest Supervisor, Superior National Forest.
[FR Doc. 02-11828 Filed 5-10-02; 8:45 am]
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