[Federal Register Volume 67, Number 138 (Thursday, July 18, 2002)]
[Notices]
[Pages 47347-47348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18104]



[[Page 47347]]

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DEPARTMENT OF AGRICULTURE

Forest Service


Timberline Express Chairlift, Mt. Hood National Forest, Clackamas 
County, OR

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service, USDA, will prepare an environmental impact 
statement (EIS) on a proposal submitted by RLK and Company, 
concessionaire for the Timberline Lodge and Ski Area, to construct a 
new chairlift and develop a new ski trail system. The construction of 
the chairlift and ski trails would affect approximately 55 acres within 
the Zigzag River and Salmon River watersheds on the Zigzag Ranger 
District and includes a 25-acre expansion of the special use permit 
boundary. Implementation of this project is scheduled for fiscal year 
2004. The Proposed Action would be in compliance with the 1990 Mt. Hood 
National Forest Land and Resource Management Plan as amended by the 
Northwest Forest Plan, which provides the overall guidance for 
management of this area. The Mt. Hood National Forest invites written 
comments and suggestions on the scope of the analysis. The agency will 
give notice of the full environmental analysis and decision-making 
process so interested and affected people may be able to participate 
and contribute in the final decision.

DATES: Comments concerning the scope of the analysis should be 
postmarked by September 1, 2002.

ADDRESSES: Send written comments and suggestions concerning the 
Proposed Action to Paul Koehler, Project Coordinator, Zigzag Ranger 
District, 70220 E Hwy 26, Zigzag OR, 97049, (phone: 503-622-3191 x614). 
Comments may also be sent by e-mail to [email protected]. Include 
your name and mailing address with your comments so documents 
pertaining to this project may be mailed to you.

FOR FURTHER INFORMATION CONTACT: Questions about the Proposed Action 
and EIS should be directed to Paul Koehler (address and phone number 
listed above), or to Mike Redmond, Environmental Coordinator, 16400 
Champion Way, Sandy, Oregon, 97055-7248, (phone: 503-668-1776).

SUPPLEMENTARY INFORMATION: The project area is located at Timberline 
Ski Area, approximately 2 miles north of Government Camp, in Section 7 
and 18, T.3S., R.9E., Willamette Meridian, Clackamas County, Oregon. 
This analysis will evaluate a range of alternatives for implementation 
of the project activities including a no-action alternative. The 
project area does not include any designated wilderness, classified 
roadless areas, wild and scenic rivers, or late successional reserves.
    Some of the preliminary issues that have been identified include: 
Impacts to riparian areas from lift line and ski trail construction; 
Impacts to mature forests from ski trail and lift line clearing, and; 
Impacts to heritage resources from the construction of the lift 
terminals.
    The scoping process will include the following: Identify and 
clarify issues; identify key issues to be analyzed in depth; explore 
alternatives based on issues recognized during scoping activities; and 
identify potential environmental effects of the Proposed Action and 
alternatives.
    The draft EIS is planned to be filed with the Environmental 
Protection Agency (EPA) and available for public review by January 
2003. The EPA will publish a Notice of Availability (NOA) of the draft 
EIS in the Federal Register. The comment period on the draft EIS will 
be 45 days from the date the NOA appears in the Federal Register. 
Copies of the draft EIS will be distributed to interested and affected 
agencies, organizations, Indian Tribes, and members of the public for 
their review and comment. It is important that those interested in this 
proposal on the Mt. Hood National Forest participate at that time.
    Comments received in response to this Proposed Action, 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. 
Persons requesting such confidentiality should be aware that, under the 
FOIA, confidentiality may be granted in only very limited 
circumstances, such as to protect trade secrets. The Forest Service 
will inform the requestor 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 requestor that the 
comments may be resubmitted with or without names and addresses within 
thirty days.
    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 EIS 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 draft EIS stage but are not raised until 
after completion of the final EIS may be waived or dismissed by the 
courts. 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). 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 objects are 
made available to the Forest Service at a time when it can meaningfully 
consider them and respond to them in the final EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft EIS. Comments may also address 
the adequacy of the draft EIS 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.
    The final EIS is scheduled to be available by June 2003. In the 
final EIS, the Forest Service is required to respond to substantive 
comments received during the comment period for the draft EIS. The 
responsible official is Gary Larsen, Mt. Hood National Forest 
Supervisor. The responsible official will decide which, if any, of the 
alternatives will be implemented. The Timberline Express Chairlift and 
Ski Trail System Construction decision and rationale will be documented 
in a Record of Decision, which will be subject to Forest Service Appeal 
Regulations (36 CFR part 215).


[[Page 47348]]


    Dated: July 25, 2002.
Kathryn J. Silverman,
Deputy Forest Supervisor, Mt. Hood National Forest.
[FR Doc. 02-18104 Filed 7-17-02; 8:45 am]
BILLING CODE 3410-11-M