[Federal Register Volume 67, Number 101 (Friday, May 24, 2002)]
[Notices]
[Pages 36562-36566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13069]


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DEPARTMENT OF AGRICULTURE

Forest Service


Forest Health and Restoration Project, National Forests in 
Alabama, Bankhead National Forest, Winston, Lawrence and Franklin 
Counties, Alabama

AGENCY: Forest Service, USDA.

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

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SUMMARY: Forest Service will prepare an Environmental Impact Statement 
on a proposal to emphasize forest health initiatives across the 
Bankhead National Forest in a systematic five-year program involving:
    1. Intermediate thinning of approximately 13,200 acres of loblolly 
pine forest to favor conversion to native upland dry and very dry 
(xeric) oak forest and woodland communities, reduce short-term risks to 
Southern Pine Beetle (SPB) infestations, and reduce future forest fuel 
buildups.
    2. Intermediate thinning of approximately 5,200 acres of loblolly 
pine forest to favor conversation to native shortleaf/bluestem woodland 
communities or very dry (xeric) pineoak forest and woodlands; reduce 
short-term risks to SPB infestations; and reduce future forest fuel 
buildups.
    3. Intermediated thinning of approximately 3,200 acres of loblolly 
pine forest to favor conversion to native longleaf/bluestem woodland 
communities; reduce short-term risks to SPB infestations; and reduce 
future forest fuel buildups.
    4. Natural reforestation and associated site preparation on 
approximately 4,700 acres of areas impacted by SPB to restore these 
areas to native upland dry and very dry (xeric) oak forest and woodland 
communities.
    5. Artificial reforestation and associated site preparation on 
approximately 2,200 acres of ares impacted by SPB to restore these 
areas to native shortleaf/bluestem woodland communities.
    6. Artificial reforestation and associated site preparation on 
approximately 800 acres of areas impacted by SPB to restore these areas

[[Page 36563]]

to native longleaf/bluestem woodland communities.

DATES: Comments concerning this analysis should be received in writing 
by July 6, 2002.

ADDRESSES: Send written comments to: District Ranger, Bankhead NF, P.O. 
Box 278, Double Springs, AL 35553.

FOR FURTHER INFORMATION CONTACT: Glen Gaines, District Ranger, John 
Creed, EIS Team Leader, Kathy Wallace, Silviculturist, Tom Counts, 
Wildlife Biologist, Telephone number: 205-489-5111, FAX Number: 205-
489-3427.

SUPPLEMENTARY INFORMATION:

A. The Proposal

    The Forest Service proposes to implement a five-year schedule of 
work to emphasize sustaining short- and long-term forest health and the 
restoration of six (6) native upland forest community types, including 
all associated plant and wildlife species, on the Bankhead National 
Forest located in Winston, Lawrence, and Franklin Counties, Alabama. 
The proposed actions will focus on (1) areas that are currently 
occupied by loblolly pine forest that are between the ages of 15 and 45 
years old and (2) areas 10 acres and larger impacted by recent SPB 
infestations. The actions will include intermediate thinning in 
loblolly pine forest, natural and artificial restoration to reforest 
SPB impacted areas, and silvicultural site preparation of SPB impacted 
areas to better insure successful reforestation efforts. Actions 
proposed include:
    1. Intermediate thinning of approximately 13,200 acres of loblolly 
pine forest to favor conversion to native upland dry and very dry 
(xeric) oak forest and woodland communities, reduce short-term risks to 
SPB infestations, and reduce future forest fuel buildups.
    2. Intermediate thinning of approximately 5,200 acreas of loblolly 
pine forest to favor conversion to native shortleaf/bluestem woodland 
communities or very dry (xeric) pine-oak forest and woodlands, reduce 
short-term risks to SPB infestations, and reduce future forest fuel 
buildups.
    3. Intermediate thinning of approximately 3,200 acres of loblolly 
pine forest to favor conversion to native longleaf/bluestem woodland 
communities, reduce short-term risks to SPB infestations, and reduce 
future forest fuel buildups.
    4. Natural reforestation and site preparation with hand tools on 
approximately 4,700 acres of areas impacted by SPB to restore these 
areas to native upland dry and very dry (xeric) oak forest and woodland 
communities. Prescribed firm may be used as a site preparation tool on 
some of these areas. Site specific information is available at the 
Bankhead Ranger District office in Double Springs, AL.
    5. Artificial reforestation and site preparation by roller drum 
chopping and prescribe fire on approximately 2,000 acres of areas 
impacted by SPB to restore theses areas to native shortleaf/bluestem 
woodland communities. Site specific information is available at the 
Bankhead Ranger District office in Double Springs, AL.
    6. Artificial reforestation and site preparation by roller drum 
chopping and prescribe fire on approximately 800 acres of areas 
impacted by SPB to restore these areas to native longleaf/bluestem 
woodland communities. Site specific information is available at the 
Bankhead Ranger District office in Double Springs, AL.

B. Needs for the Proposal

    1. Begin the process of returning loblolly pine plantations to 
longleaf/bluestem, shortleaf/bluestem, or upland hardwood ecosystems by 
thinning.
    2. Thinning will reduce the risk of SPB attack (Final Environmental 
Impact Statement For the Suppression of the Southern Pine Beetle).
    3. Restore areas heavily impacted by SPB to longleaf/bluestem, 
shortleaf/bluestem, or upland hardwood by site preparation and planting 
or by natural regeneration with or without site preparation.

C. Nature and Scope of the Decision to be Made

    The Bankhead National Forest is in a unique position to implement 
natural resource management actions aimed at sustaining a 
representation of nine (9) forest community types that are native to 
the Southern Cumberland Plateau physiographic region. Emphasis will be 
placed on maintaining forest and plant community types not abundant on 
private lands. These communities include fire dependent upland pine/
bluestem and oak woodland ecosystems, mid-to late-successional 
deciduous forests (including cove) hardwood/eastern hemlock forests), 
old-growth representation of all nine (9) forest community types, and 
eight (8) rare plant community types.
    After the ice age receded approximately 10,000 years ago, the 
composition of deciduous and pine forests in eastern North America 
prior to European settlement was largely influenced by climate, natural 
events (both large-scale and small-scale) and the use of fire by Native 
Americans. There is increasing evidence that humans actively used 
woodland fires on a regular basis for a variety of reasons and the 
forests European settlers first encountered were a result of regular 
occurrence of fire. This included both upland hardwood forests/
woodlands and pine woodlands.
    Over the last 100-200 years, fire has been effectively excluded 
from forests throughout the southern Cumberland Plateau, including the 
area that is now the Bankhead National Forest. without fire, the range 
of native, fire dependent forest communities has not been maintained 
and is now very uncommon across the North Alabama landscape. These 
communities include the shortleaf/bluestem woodlands, very dry (xeric) 
oak-pine woodlands, dry and very dry (xeric) oak forest and woodlands, 
and the northern extent of longleaf/bluestem woodlands. The absence of 
fire, in combination with major land use changes, has also resulted in 
a decline of native grassland and shrub conditions that should be 
common in some of the upland forests. In turn, a decline in native 
plant and animal diversity across the region has occurred.
    The Alabama National Forest (now the northern portion of the 
Bankhead National Forest) was established in 1914 as a result of the 
Weeks Act, for the primary purpose of helping to protect the nations 
watersheds and streams. During the early years the emphasis of the 
Forest Service was land acquisition and custodial responsibilities. 
Beginning in the 1930s, the Civilian Conservation Corp provided the 
labor needed to reestablish forests on abandoned farmland and 
previously cutover land, which was mostly in the uplands. The primary 
species used to reestablish forest conditions was loblolly pine. 
Beginning in the 1960s, the Forest Service initiated new efforts to 
improve forest economic yields by replacing some upland hardwood 
forests with faster growing loblolly pine. At the time, loblolly pine 
offered the best chance of high survival and success in reforestation. 
These efforts, along with some natural establishment of loblolly pine, 
have resulted in approximately 68,000 acres typed as loblolly pine on 
the Bankhead. While loblolly pine is a native tree species, the 
dominance of pure stands of loblolly pine is probably not typical of 
native, fire dependent woodlands occurring in the uplands.
    Over the past decade, the Bankhead National Forest has been 
experiencing Southern Pine Beetle infestations at epidemic levels, 
primarily in loblolly pine forests. The epidemic peaked in the summer 
of 2000 and continued at

[[Page 36564]]

very high levels through 2001. An estimate 21,000 acres of pine forest 
have been killed by this epidemic. Most of the mortality occurred 
within the Sipsey Wilderness, Proposed Thompson Creek Back Country 
Area, Kinlock Study Area, High Town Path Study Area, Indian Tomb Hollow 
Study Area, and Proposed Flint Creek Botanical area where suppression 
efforts did not take place. The epidemic has resulted in large acres of 
standing dead trees that are a public safety hazard along trails/roads 
and these areas have increased forest fuel loads that escalate the risk 
of catastrophic wildfires in the future.
    Approximately 47,000 acres typed as loblolly pine remain on the 
Bankhead. Of these acres, there are approximately 22,100 acres of 
loblolly pine forest between the age of 15 and 45 years old with an 
immediate need for intermediate thinning to reduce the risk of SPB 
attack (Final Environmental Impact Statement for the Suppression of the 
Southern Pine Beetle).
    This proposal will restore and sustain six (6) upland forest and 
woodland communities on approximately 29,100 acres currently types as 
loblolly pine. The restoration will be initiated with intermediate 
commercial thinning on approximately 21,800 acres and reforestation 
actions on approximately 7,500 acres included within the scope of this 
decision.

Existing Forest Communities Not Within the Scope of This Decision

    1. Six (6) of the deciduous community types currently exist on 
approximately 85,295 acres throughout the Bankhead National Forest and 
are not within the scope of this decision. These areas will be 
characterized as mid- to late-successional deciduous forests. These 
forests will have a continuous dominant canopy of large trees, with 
occasional small gaps up to \1/2\ acre in size. Fire has not 
significantly influenced the composition of these communities, so most 
have a well-developed shrub and mid-story canopy. The communities and 
approximate acres include:

------------------------------------------------------------------------
                                                              Estimated
                       Community type                          existing
                                                                acres
------------------------------------------------------------------------
Northern Hardwood Forest...................................        1,455
Mixed Mesophytic (Cove-Hemlock) Forest.....................       14,365
Eastern Riverfornt Forest..................................        4,381
Moderately moist (mesic) Oak Forest........................       46,131
Dry and Moderately moist (mesic) Oak-Pine Forest...........       15,041
Dry and Very dry (xeric) Oak Forest........................        3,922
------------------------------------------------------------------------

    These forests will contribute a range of habitat conditions that 
vary from suitable to optimal for those species of plants and animals 
typically found in association with forests of these successional 
stages. Some representatives of the species typically found within this 
range of habitat conditions in the mid to late successional stages of 
bottomland and other deciduous forest include the hooded warbler, 
cerulean warbler, summer tanager, wood thrush, Louisiana water thrush, 
Acadian flycatcher, white-tailed deer, eastern wild turkey, Indiana bat 
and the eastern gray squirrel.
    2. Additional pine community types currently exist on approximately 
61,532 acres throughout the Bankhead National Forest and are not within 
the scope of this decision. The conditions of these areas range from 
early successional (0-10 years of age) forests to mid- and late-
successional forests. The early successional pine forests are in grass/
shrub to seedling/sapling conditions. Some of these grass/forb areas 
contain sparse over-story pine. The mid-late successional forest have 
continuous dominant canopy of medium to large-sized trees of moderate 
tree density. The frequency of fire has not significantly influenced 
the composition of these communities so most have a well-developed 
shrub and/or mid-story canopy. The communities and approximate acres 
include:

------------------------------------------------------------------------
                                                              Estimated
                       Community type                          existing
                                                                acres
------------------------------------------------------------------------
Longleaf Pine and Longleaf-Hardwood........................        1,549
Dry and very dry (xeric) Pine and Pine-Oak Forest..........        8,777
Loblolly Pine, Mixed Pine, and Loblolly-Hardwood...........       51,206
------------------------------------------------------------------------

    These forests will contribute suitable and optimal habitat for 
southern pine plant and animal associates, mixed very dry (xeric) 
forest associates, early successional plant and animal associates, game 
species, and cave species (those requiring forest conditions for summer 
maternity/roosting).

D. Proposed Scoping Process

    The scoping period associated with this Notice of Intent (NOI) will 
be thirty (30) days in length, beginning the day after publication of 
this notice. Preliminary scoping for this proposal began in November 
2001 when information was shared with the public on the proposal and 
plans to document the analysis in an Environmental Impact Statement 
(EIS). Public meetings will be held on June 27, and June 29,2002, from 
9 a.m. to 1 p.m. to discuss the proposal and visit some selected areas 
that may be treated.
    The Bankhead National Forest is seeking additional information, 
comments, and assistance from Federal, State, and local agencies and 
other individuals or organizations that may be interested in or 
affected by the proposed action. This input will be used in preparation 
of the Draft Environmental Impact Statement (DEIS). The scoping process 
includes:
    1. Identifying potential issues.
    2. Identifying issues to be analyzed in depth.
    3. Eliminating insignificant issues or those, which have been 
covered by a relevant previous environmental analysis.
    4. Exploring additional alternatives.
    5. Identifying potential environmental effects of the proposed 
action and alternatives.

E. Preliminary Issues Identified to Date Include

    1. Protection of soil and water resources.
    2. Impacts of the proposed treatments on Federally listed species 
of plants and wildlife, which are defined by the Endangered Species Act 
of 1973 as amended, Forest Service Regional Forester's Sensitive 
Species list, and upon locally rate species.
    3. Short and long term impacts on recreational experiences on the 
Bankhead National Forest.
    4. Protection of cultural resources.
    5. Effects on management indicator species.

F. Possible Alternatives Identified to Date Include

    1. No Action: This alternative will serve as a baseline for 
comparison of alternatives. Present management activities will continue 
but the proposed project will not be done. This alternative will be 
fully developed and analyzed.
    2. Proposed Action:

Restoration Activities for Native Upland Deciduous Forests and 
Woodlands

    There will be intermediate thinning of approximately 13,200 acres 
of loblolly pine forest to favor conversion to dry and very dry (xeric) 
oak forest and woodlands, moderately moist (mesic) oak forests, and dry 
and moderately moist (mesic) oak-pine forests, reduce short-term risks 
to SPB infestations, and reduce forest fuel buildups.
    The loblolly pine thinning program will reduce basal area to 
between 50 to

[[Page 36565]]

70 square feet per acre. Trees favored for retention in order of 
priority in these areas will include (1) dominant hardwood trees, (2) 
co-dominant hardwood trees, and (3) dominant/co-dominant pine. The 
favored hardwood species will include a variety of oak and hickory 
species. Consultation will be conducted with the U.S. Fish and Wildlife 
Service regarding coordination of restoration activities with Recovery 
Plans for Federally listed species. The top priority stands for 
thinning will be those between 15-45 years old, with high tree 
densities. It is proposed that all timber sale harvest options be 
available for this program.
    The thinning will allow the development of young oak, hickory, and 
other associated hardwood species in the understory that are intolerant 
of shade. In some cases, the thinning will actually shift the forest 
condition from predominantly pine forest to a predominatly deciduous 
forest condition.
    Natural reforestation, with or without site preparation, as well as 
the possibility of artificial reforestation, will be conducted on 
approximately 4,700 acres of former loblolly pine forest impacted by 
SPB infestations. Site preparation may include mechanical treatment, 
prescribed burning or a combination of both. Some areas may be left to 
regenerate naturally without site preparation. These activities will 
restore these sites to dry and very dry (xeric) oak forest and 
woodlands, moderately moist (mesic) oak forests, and dry and moderately 
moist (mesic) oak-pine forests.

Desired Outcome for Upland Deciduous forest Restoration Effort

1. Dry and Very dry (xeric) Oak Forest and Woodland Community
    The dry and very dry (xeric) oak forest and woodland community type 
will be restored on the northern portion of the Bankhead National 
Forest. These areas will be characterized as mid- to late-successional 
forests. These forests are characterized as having canopies ranging 
from closed forest conditions to open woodland conditions, with 
occasional small gaps up to \1/2\ acre in size. Dominant over story 
trees will include white oak, black oak, chestnut oak, scarlet oak, and 
post oak. The occurrence of dormant season fire in these areas, 1 or 2 
times per decade, will restrict tree density and promote the growth of 
shade intolerant grasses, forbs, and shrubs in some areas and in other 
areas these forests will have a well developed shrub and mid-story 
canopy.
    These forests will contribute a range of habitat conditions that 
vary from suitable to optimal for those species of plants and animals 
typically found in association with forests of these successional 
stages. Some representatives of the species typically found within this 
range of habitat conditions in the mid to late successional stages of 
deciduous forest include the hooded warbler, pileated woodpecker, 
cerulean warbler, white-tailed deer, eastern wild turkey and the 
eastern gray squirrel.
2. Moderately Moist (Mesic) Oak Forest and Dry and Moderately Moist 
(Mesic) Oak-Pine Forest Community
    The moderately moist (mesic) oak forest and dry and moderately 
moist (mesic) oak-pint forest community types will be restored on the 
northern portion of the Bankhead National Forest. These areas will be 
characterized as mid- to late-successional forests.
    These forests will have a continuous dominant canopy of medium-
sized trees, with occasional small gaps up to \1/2\ acre in size. 
Dominant over story trees will include northern hardwood, chestnut oak, 
black oak, scarlet oak, pignut hickory, mockernut hickory, shagbark 
hickory, loblolly pine, and shortleaf pine. American chestnut 
historically was a major species in this forest community. On dry 
sites, the occurrence of low intensity fire in these areas, 1 or 2 
times per decade, will help maintain the oak component by eliminating 
fire-sensitive competitors and stimulate oak regeneration. On 
moderately moist (mesic) sites these forests will have a well-developed 
shrub and mid-story canopy.
    These forests will contribute a range of habitat conditions that 
vary from suitable to optimal for those species of plants and animals 
typically found in association with forests of these successional 
stages. Some representatives of the species typically found within this 
range of habitat conditions in the mid to late successional stages of 
deciduous forest include the hooded warbler, pileated woodpecker, 
cerulean warbler, white-tailed deer, eastern wild turkey and the 
eastern gray squirrel.

Restoration Activities for Native Shortleaf/Bluestem Woodlands

    There will be intermediate thinning of approximately 5,200 acres of 
loblolly pine forest to favor conversion to very dry (xeric) shortleaf/
bluestem woodlands and very dry (xeric) pine-oak forest and woodlands. 
This action will also reduce short-term risks to SPB infestations and 
reduce forest fuel buildups.
    The loblolly pine thinning program will reduce basal area to 
between 60 to 70 square feet per acre. Trees favored for retention in 
order of priority in these areas will include (1) shortleaf pine, (2) 
longleaf pine, (3) loblolly pine, and (4) dominant/codominant oaks/
hickory. The favored hardwood species will include a variety of oak and 
hickory species. Consultation will be conducted with the U.S. Fish and 
Wildlife Service regarding coordination of restoration activities with 
Recovery Plans for Federally listed species. The top priority stands 
for thinning will be those between 15-45 years old, with high tree 
densities. It is proposed that all timber sale harvest options be 
available for this program.
    The thinning will lower tree densities that will allow the 
development of understory, fire-dependent grasses and shrubs that are 
intolerant of shade. This thinning will precede future restoration 
activities that will gradually replace the existing loblolly pine with 
shortleaf pine as predominant species.
    Artificial reforestation and site preparation will be conducted on 
approximately 2,000 acres of former loblolly pine forest impacted by 
SPB infestations. Site preparation may include mechanical treatment, 
prescribed burning or a combination of both. Shortleaf seedlings will 
be planted artificially to assure adequate stocking. In addition, 
prescribed burning will be utilized as an intermediate to help achieve 
the desired restoration. These activities will restore these sites to 
very dry (xeric) shortleaf/bluestem woodlands.

Desired Outcome of Shortleaf/Bluestem Woodland Community Restoration 
Effort

    The very dry (xeric) shortleaf/bluestem woodland and very dry 
(xeric) pine-oak forest and woodland community types will be restored 
on the central portion of the Bankhead National Forest. These areas 
will be characterized as mid- to late-successional forests. These 
forests are characterized as having open woodland conditions, with 
occasional small gaps up to \1/2\ acre in size. The dominant over story 
tree will be shortleaf pine. Other trees species that will be found at 
lower densities are: Virginia pine, loblolly pine, scarlet oak, 
chestnut oak, southern red oak, white oak, blackjack oak, and pignut 
hickory. The occurrence of dormant and growing season fire in these 
areas, 2 or 3 times per decade, will restrict tree density and promote 
the

[[Page 36566]]

growth of shade intolerant native grasses, forbs, and shrubs.
    If maintained by fire, this portion of the forest will contribute a 
range of habitat conditions that vary from suitable to optimal for 
those species of plants and animals typically found in association with 
forests of these open conditions. Some representatives of the species 
typically within this range of habitat conditions in the native 
shortleaf and bluestem woodland include the prairie warbler, orchard 
oriole, northern bobwhite quail, white-tailed deer, and eastern wild 
turkey.

Restoration Activities for Native Longleaf/Bluestem Woodlands

    There will be intermediate thinning of approximately 3,200 acres of 
loblolly pine forest to favor conversion to longleaf/bluestem 
woodlands, to reduce short-terms risks to SPB infestations, and to 
reduce forest fuel buildups.
    The loblolly pine thinning program will reduce basal area to 
between 60 to 70 square feet per acre. These favored for retention in 
order of priority in these areas will include (1) longleaf pine, (2) 
shortleaf or loblolly pine, and (3) dominant/codominant oaks/hickory. 
The favored hardwood species will include a variety of oak and hickory 
species. Consultation will be conducted with the U.S. Fish and Wildlife 
Service regarding coordination of restoration activities with Recovery 
Plans for Federally listed species. The top priority stands for 
thinning will be those between 15-45 years old, with high tree 
densities. It is proposed that all timber sale harvest options be 
available for this program.
    The thinning will lower tree densities that will allow the 
development of understory, fire-dependent grasses and shrubs that are 
intolerant of shade. This thinning will precede future restoration 
activities that will gradually replace the existing loblolly pine with 
longleaf pine as predominant species.
    Artificial reforestation and site preparation will be conducted on 
approximately 800 acres of former loblolly pine forest impacted by SPB 
infestations. Site preparation may include mechanical treatment, 
prescribed burning or a combination of both. Longleaf seedlings will be 
planted artificially to assure adequate stocking. In addition, 
prescribed burning will be utilized as an intermediate treatment to 
help achieve the desired future conditions. These activities will 
restore these sites to very dry (xeric) longleaf/bluestem woodlands.

Desired Outcome of Longleaf/Bluestem Woodland Community Restoration 
Effort

    The longleaf/bluestem woodland community types will be restored on 
the southern portion of the Bankhead National Forest. These areas will 
be characterized as mid- to late-successional forests. These forests 
are characterized as having open woodland conditions, with occasional 
small gaps up to \1/2\ acre in size. The dominant over story tree will 
be longleaf pine. Other trees species that will be found at lower 
densities are: Virginia pine, loblolly pine, scarlet oak, chestnut oak, 
southern red oak, white oak, blackjack oak, and pignut hickory. The 
occurrence of dormant and growing season fire in these areas, 2 or 3 
times per decade, will restrict tree density and promote the growth of 
shade intolerant native grasses, forbs, and shrubs.
    These areas of the forest will contribute a range of habitat 
conditions for native species of plants and wildlife. This range of 
conditions will vary from suitable to optimal for those species of 
plants and animals typically found in association with forests of these 
open conditions. Maintenance by prescribed fire is necessary to have 
the optimal conditions. Some representatives of the wildlife species 
typically found within this range of habitat conditions in the native 
longleaf pine and bluestem woodlands include the prairie warbler, 
brown-headed nuthatch, red-cockaded woodpecker, northern bobwhite 
quail, white-tailed deer and eastern wild turkey.

G. Special Permit Needs

    There are no special permits required from any State or Federal 
agencies in order to implement this project. Consultation with U.S. 
Fish and Wildlife Service as required by section 7 of the Endangered 
Species Act of 1973, as amended, will be conducted for all needed 
activities.

H. Lead Agency

    The USDA Forest Service is the lead agency for this project. The 
Bankhead Ranger District requests that comments be as specific as 
possible for this proposal, and be sent to: District Ranger Glen 
Gaines, USDA, Forest Service, P.O. Box 278, Double Springs, AL 35553.
    It is estimated that the draft EIS will be available for public 
comment by July 31, 2003. It is very important that those interested in 
this proposed action participate at this time. To be helpful, comments 
on the DEIS should be as specific as possible and may address the 
adequacy of the statement or the merits of the alternatives discussed 
(see the Council on Environmental quality Regulations for implementing 
the procedural provisions of the National Environmental Policy Act at 
40 CFR 1503.3)
    In addition, Federal court decisions have established that 
reviewers of DEIS's must structure their participation in the 
environmental review of the proposal so that it is meaningful and 
alerts the agency to the reviewers' 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 stage 
may be waived if not raised until after completion of the final 
environmental impact statement (FEIS). City of Angoon v. Hodel, 803 
F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. 
Harris, 490 F.Supp. 1334, 1338 (E.D. Wis. 1980). The reason for this is 
to ensure that substantive comments and objections are made available 
to the Forest Service at a time when it can meaningful consider them 
and respond to them in the FEIS.

I. Estimated date for FEIS

    After the comment period ends on the DEIS, the comments will be 
analyzed, considered, and responded to by the Forest Service in 
preparing the Final Environmental Impact Statement (FEIS). The FEIS is 
scheduled to be completed by November 17, 2003. The responsible 
official will consider the comments, responses, environmental 
consequences discussed in the final supplement, applicable laws, 
regulations, and policies in making a decision regarding this proposal. 
The responsible official will document the decision and reasons for the 
decision in the Record of Decision. That decision will be subject to 
appeal under 36 CFR 215. The responsible official for this project will 
be Glen Gaines, District Ranger for the Bankhead Ranger District, 
National Forests in Alabama at: P.O. Box 278, Double Springs, AL 35553.

    Dated: May 17, 2002.
Glen D. Gaines,
District Ranger.
[FR Doc. 02-13069 Filed 5-23-02; 8:45 am]
BILLING CODE 3410-11-M