[Federal Register Volume 67, Number 150 (Monday, August 5, 2002)]
[Notices]
[Pages 50628-50629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19622]


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 Notices
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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. 150 / Monday, August 5, 2002 / 
Notices  

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DEPARTMENT OF AGRICULTURE

Forest Service


False Island Timber Sale(s), Sitka Ranger District, Tongass 
National Forest

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 False Island Timber 
Sale(s) project to disclose the environmental effects of proposed 
actions within the Project Area. The proposed project is located on 
Chichagof Island, part of the Sitka Ranger District of the Tongass 
National Forest. The proposed action provides for: (1) Timber harvest 
on approximately 1,400 acres of forested land resulting in the 
production of an estimated 44,000 CCF (hundred cubic feet) of sawlog 
and utility timber, (2) construction of approximately seven miles of 
specified road, eight miles of temporary road, and reconstruction of 
seven miles of previously constructed road, and (3) reconstruction of 
two existing log transfer facilities.

DATES: To be most useful, comments concerning the scope of the analysis 
for this project should be received within 45 days of publication.

ADDRESSES: Send written comments to: False Island Planning Team, Sitka 
Ranger District, 204 Siginaka Way, Sitka, AK 99835.

FOR FURTHER INFORMATION CONTACT: Carol Goularte, District Ranger or 
Rick Abt, Team Leader, phone (907) 747-4220, fax (907) 747-4253.

SUPPLEMENTARY INFORMATION:   
    This EIS will tier to the EIS for the 1997 Tongass Land and 
Resource Management Plan (TLRMP) that provides the overall guidance, 
goals, objectives, standards, guidelines, and management area direction 
to achieve the desired condition for the project area.
    The False Island Project Area is located on the southeastern part 
of Chichagof Island about 35 air miles north of Sitka, Alaska, 
approximately 20 air miles west of Angoon, Alaska, and an estimated 15 
air miles south of Tenakee Springs, Alaska. The Project Area is 
administered by the Sitka Ranger District of the Tongass National 
Forest, Sitka, Alaska and occurs in Value Comparison Units (VCU) 2410, 
2420, 2430, 2440, and 2450 as designated by the TLRMP. The Project Area 
includes approximately 82,513 acres. It lies south of Kadashan River, 
extends east from Oly Creek to Lindenberg Head, and continues north of 
Little Basket Lake. The purpose and need for the False Island Timber 
Sales(s) Project is: (1) To implement the direction contained in the 
1997 TLRMP and the 1997 ROD, including goals, objectives, management 
prescriptions, and standards and guidelines; (2) to maintain wood 
production from suitable timber lands, providing a continuous supply of 
wood to meet society's needs; (3) to help provide a stable supply of 
timber from the Tongass National Forest that meets existing and 
potential market demand and is consistent with sound multiple use and 
sustained yield objectives; and (4) to help meet the desired future 
condition of the landscape as described in the 1997 TLRMP. The False 
Island Timber Sale(s) Project is consistent with the 1997 Tongass Land 
Management Plan.
    The Project Area includes portions of the Chicagof Roadless Area 
(311). 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 intended to ensure full 
consideration of the values associated with inventoried roadless areas 
within the context of forest planning. In Sierra Club v. Lyons (J00-
0009 (CV)), the U.S. District Court, District of Alaska enjoined the 
Tongass National Forest from taking any action to change the wilderness 
character of any roadless area until a Supplement to the 1997 TLMP 
Environmental Impact Statement (SEIS) has been completed. This SEIS is 
currently being prepared. Planning for the False Island Timber Sale(s) 
Project will continue simultaneously and in coordination with the SEIS 
and will meet the requirements in the Interim Directives. 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.
    The Project Area includes Old Growth Reserves (OGR) as designated 
in TLRMP. Sealaska Regional Native Corporation has recently acquired 
portions of these OGRs as a result of a land conveyance. A Forest Plan 
amendment may be required to change the location of the OGR to meet 
Forest Plan standards.
    Decisions to be made include whether or not to authorize timber 
harvest within the False Island Project Area. In addition, if timber 
harvest will occur, the following will be determined: (1) Whether the 
design of the timber sale(s) is consistent with meeting the resource 
protection standards and guidelines set forth in the 1997 TLRMP and the 
1997 ROD; (2) how much timber volume will be made available; (3) the 
location and design of the timber harvest units, log transfer 
facilities and road system, (4) mitigation and monitoring required for 
sound resource management, (5) whether there is a significant 
possibility of a significant restriction on subsistence uses, (6) road 
management objectives, including closures for resource protection and 
economics; and (7) the location for new OGR designation. In order to 
maintain the TLRMP standards for old growth, a Forest Plan amendment 
may be required to change the location of the medium OGR.
    Tribal Governments, Federal, State, and local agencies, as well as 
individuals and organizations that may be interested in, or affected 
by, the Proposed Action are invited to participate in the scoping 
process. This process will determine the scope of the project and 
significant issues to be analyzed in depth in the Environmental Impact 
Statement. Following publication of this notice, a scoping document 
will be mailed to interested people and organizations. The document 
will briefly describe the project and Project Area, the purpose and 
need for the project, the Proposed Action, and will invite public 
comment. Scoping meetings will then be held in

[[Page 50629]]

Sitka and Angoon, Alaska. Locations and times of the scoping meetings 
will be announced in local newspapers and on local radio stations.
    The Interdisciplinary Planning Team will review comments received 
during the scoping period to determine which issues are significant and 
within the scope of this project. The team will then develop a range of 
alternatives to address the significant issues. One of these will be 
the ``No Action'' alternative, in which no additional timber harvest or 
road construction is proposed. Other alternatives will consider various 
levels and locations of timber harvest in response to issues and non-
timber objectives. The team will then prepare a Draft Environmental 
Impact Statement (DEIS) that will display the alternatives and the 
direct, indirect, and cumulative effects of each alternative.
    The DEIS is expected to be filed with the Environmental Protection 
Agency (EPA) by November 2002. The comment period on the DEIS will be 
45 days from the date the EPA publishes the Notice of Availability in 
the Federal Register. In addition to commenting on the proposed action 
and the DEIS when it is released, agencies and other interested persons 
or groups are invited to write to or speak with Forest Service 
officials at any time during the planning process.
    The Forest Service believes that at this early scoping stage, it is 
important to inform reviewers 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. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement stage but that are not raised 
until after completion of the final environmental impact statement 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 comment period so that substantive 
comments and objections are made available to the Forest Service at a 
time during which the agency 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 on the Proposed Action, 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 DEIS 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 the 
names and addresses of those who comment, will be considered part of 
the public record on this Proposed Action, will be available for public 
inspection, and may be released under the Freedom of Information Act 
(FOIA). 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 that 
the agency withhold a submission from the public record by showing how 
the Freedom of Information Act 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 persons 
requesting confidentiality of the agency's decision regarding their 
request, 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 the name and address.
    The Final Environmental Impact Statement (FEIS) and Record of 
Decision for the False Island Timber Sale(s) is expected to be released 
in June 2003. The Responsible Official will make a decision regarding 
this proposal after considering public comments, the environmental 
consequences displayed in the FEIS, and applicable laws, regulations, 
and policies. The decision and supporting reasons will be documented in 
the Record of Decision (ROD). 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)

Tom Puchlerz, Forest Supervisor, Tongass National Forest, 648 Mission 
Street, Ketchikan, Alaska 99901-6591, 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 chosen alternative in the Record of 
Decision.

    Dated: July 29, 2002.
Thomas Puchlerz,
Forest Supervisor.
[FR Doc. 02-19622 Filed 8-2-02; 8:45 am]
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