[Federal Register Volume 68, Number 186 (Thursday, September 25, 2003)]
[Notices]
[Pages 55364-55367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24268]



[[Page 55364]]

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DEPARTMENT OF AGRICULTURE

Forest Service


Revised Land and Resource Management Plan for the Allegheny 
National Forest (Elk, Forest, McKean and Warren Counties, PA.)

AGENCY: Forest Service, USDA.

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

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SUMMARY: The USDA Forest Service intends to prepare an Environmental 
Impact Statement (EIS) for revising the Allegheny National Forest Land 
and Resource Management Plan (Forest Plan) pursuant to 16 U.S.C. 
1604(f)(5) and USDA Forest Service National Forest System Land and 
Resource Management Planning regulations (36 CFR 219). The revised 
Forest Plan will supersede the current Forest Plan, which the Regional 
Forester approved on April 24, 1986, and has been amended 11 times. 
This notice describes the preliminary issues which will be emphasized, 
the estimated dates for filing the EIS, the information concerning 
public participation, and the names and addresses of the responsible 
agency official and the individual who can provide additional 
information.

DATES: Your comments on this Notice of Intent (NOI) should be submitted 
in writing by November 10, 2003. The Draft EIS is expected to be 
available for public review by July 2005. The Final EIS and revised 
Forest Plan are expected to be completed by March 2006.

ADDRESSES: Send written comments to: Allegheny National Forest, Plan 
Revision Notice of Intent, c/o Content Analysis Team, P.O. Box 221090, 
Salt Lake City, UT 84122. Fax: (801) 517-1014; e-mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Michael Hampton, Forest Plan Revision 
Staff Officer, (814) 723-5150. TTY: (814) 726-2710. Information will 
also be posted on the Allegheny National Forest Web page at http://www.fs.fed.us/r9/allegheny.
    Responsible Official: Randy Moore, Regional Forester, Eastern 
Region, 626 E. Wisconsin Ave., Milwaukee, Wisconsin 53202.

SUPPLEMENTARY INFORMATION: The Regional Forester for the Eastern Region 
gives notice of the agency's intent to prepare an EIS to revise the 
Allegheny Forest Plan. The Regional Forester approved the original 
Allegheny Forest Plan on April 24, 1986. This plan guides the overall 
management of the Allegheny National Forest. The National Forest 
Management Act requires that national forests revise forest plans at 
least every 15 years (U.S.C. 1604[f][5]). Additional indicators of the 
need to revise the 1986 Allegheny Forest Plan are: (1) Changes in 
forest conditions; (2) changes in public demands and expectations; (3) 
changes in law, policy or regulatory direction; (4) results of 
monitoring and evaluation of implementation under the current Forest 
Plan; (5) new science that indicates emerging issues, concerns or 
opportunities that are not adequately addressed in the current Forest 
Plan.
    Nature and Scope of the Decision to be Made: Forest plans make the 
following types of decisions:
    1. Forest-wide multiple-use goals and objectives. Goals describe a 
desired condition to be achieved sometime in the future. Objectives are 
concise, time-specific statements of measurable planned results that 
respond to the goals.
    2. Forest-wide management direction and requirements. These include 
limitations on management activities, or advisable courses of action 
that apply across the entire forest.
    3. Management direction specific to certain portions (management 
areas) of the Forest. This includes the desired future condition for 
different areas of the forest, and the accompanying management 
direction to help achieve that condition.
    4. Lands suited and not suited for resource use and production 
(e.g. timber management).
    5. Monitoring and evaluation requirements needed to gauge how well 
the Forest Plan is being implemented.
    6. Recommendations to Congress, if any (e.g. additional Wilderness 
designation).
    The scope of this decision is limited to revisiting only those 
portions of the current Forest Plan that need revision, update, or 
correction. The Allegheny National Forest proposes to narrow the scope 
of revising the Forest Plan by focusing on issues identified as being 
most critically in need of change.

Preliminary Issues

    Many sources were reviewed to identify the parts of the current 
Forest Plan that need revision, update, or correction. These sources 
included: Input from the public; comments from employees of the Forest 
Service and other governmental agencies; consultations with the Seneca 
Nation of Indians; results of monitoring and evaluation; changes in law 
and policy; new scientific information, as well as the direction 
outlined in the 2000 USDA Forest Service Strategic Plan.
    Based on the Allegheny National Forest's review of the current 
Forest Plan and the sources listed above, the Allegheny National Forest 
proposes to emphasize the following preliminary issues:

A. Recreation

    This issue involves providing for various types of recreation 
opportunities, in order to provide an appropriate array of recreation 
for the public.
    [sbull] Recreation. This involves developed recreation facilities 
and trails and dispersed recreation for both motorized and non-
motorized use. A determination of available settings, opportunities and 
experiences for recreation will be made using the Recreation 
Opportunity Spectrum. The types, amount and location of semi-primitive, 
remote recreation on the Allegheny National Forest will be evaluated. 
Additionally, public input, current use, compatibility of uses, 
resource capability, existing development, and changes in recreation 
supply, demand and trends are all factors that will affect how 
recreation will be addressed. Revising the Forest Plan will also likely 
include refining goals, objectives, and updating standards and 
guidelines to address current conditions and projected changes in 
recreation supply and demand within the Allegheny National Forest. 
Anticipated changes would likely occur both forest-wide and for 
individual management areas, as well as monitoring requirements.

B. Vegetation Management

    This issue involves maintaining healthy forest conditions capable 
of providing sustainable levels of forest products.
    [sbull] Vegetation composition. This addresses the diversity of 
tree stands (particularly by species and age-class) on the Forest. In 
addition to changes in land allocations, proposed changes may also 
include revising standards and guidelines to modify the timing, 
sequence, or intensity of some harvesting or reforestation practices, 
which could lead to an increased emphasis on adaptive management and 
modifications to the range and types of activities available for use in 
specific management areas.
    [sbull] Forest health. This addresses the Forest's resistance to 
health threats posed by pest infestations, disease, acid deposition, 
wind events, and other damaging agents. For example, information 
obtained by the Allegheny National Forest indicates some species, such 
as American beech and sugar maple, are being affected 
disproportionately by these health

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threats. Proposed changes will involve management area land 
allocations, modifications to the range and types of activities 
available for use in specific management areas, and changes to the 
standards and guidelines associated with them. There is also a need to 
develop guidelines for more timely and effective responses to insect 
and disease threats.
    [sbull] Special forest products. This addresses production of non-
timber forest products such as mushrooms, berries and medicinal herbs. 
Proposed changes include the addition of standards and guidelines that 
implement an ecologically based approach to special forest product 
management.
    [sbull] Reforestation techniques. This addresses management 
components such as herbicide applications, deer fences and 
fertilization. Proposed changes include standards and guidelines that 
encourage the use of prescribed fire and modify the use of deer fences 
in certain circumstances. For herbicide use, there is a need to review 
the literature, make appropriate changes to standards and guidelines, 
and update assessments of risks to human health and wildlife.
    [sbull] Timber production suitability determinations. This 
addresses lands that are classified as suited or unsuited for timber 
production. The Allegheny National Forest proposes to review and change 
lands identified as suitable and not suitable for timber production 
incorporating new information on ecosystem sustainability and 
capability. Information disclosed in the Analysis of Timber Harvest 
Program Capability Report for 1995-2005 will be used in harvest level 
determination.
    [sbull] Silvicultural systems. This addresses the use of various 
types of even and uneven-aged forest management systems. Proposed 
changes include revised standards and guidelines that incorporate new 
science concerning the range and types of even and uneven-aged 
silvicultural systems that should be made available for use in various 
management areas. Current Forest Plan implementation experience has 
demonstrated that commercial thinning objectives identified for 
Management Area 3.0 may not be feasible from an operational, economic, 
and soil protection perspective. Standards and guidelines and timber 
management goals and objectives will be reviewed to address these 
concerns.

C. Habitat Diversity

    This issue involves maintaining the viability of native and desired 
non-native species found on the Forest. In addition to ecosystem and 
species diversity objectives across the Forest, habitat for game 
species and habitat connectivity across the landscape will be 
emphasized.
    [sbull] Native and desired non-native species. Updated information 
on species needs and a landscape analysis of habitat patterns may 
change management direction for native and desired non-native species 
on the Forest.
    [sbull] Conserving habitat for threatened, endangered and sensitive 
species. Proposed changes include management area land allocations and 
standards and guidelines to address the likelihood of these species' 
persistence.
    [sbull] Invasive species. Proposed changes will incorporate new 
management direction for implementing a comprehensive Non-Native 
Invasive Species program. As a result, new standards and guidelines 
will be developed that address non-native invasive species of current 
concern while retaining flexibility to address new non-native species 
that may be identified in the future.
    [sbull] Habitat for game species. A landscape analysis of habitat 
patterns may result in revised land allocations for various management 
areas and modified standards and guidelines.
    [sbull] Habitat connectivity across the landscape. Consideration of 
habitat connectivity will be incorporated into the land allocations, 
goals, objectives, standards and guidelines for certain management 
areas.
    [sbull] Old-growth/late-successional habitat. Proposed changes will 
draw upon clearer definitions for old-growth and late-successional 
forests in order to determine land allocations for these habitat types. 
An updated inventory may lead to re-defined goals, objectives, 
standards and guidelines for certain management areas.

D. Special Area Designations

    This issue involves making recommendations to Congress for 
wilderness study areas and identifying potential opportunities to 
expand or designate new National Recreation Areas, Research Natural 
Areas, Scenic Areas, and Heritage Special Areas.
    [sbull] Wilderness. A roadless area inventory and evaluation of 
potential wilderness will be part of the revision process. The 
inventory process will analyze areas for roadless qualities. Those 
areas that meet basic inventory criteria will be evaluated as potential 
wilderness study areas. Based on the results of this work, 
recommendations to Congress may be made for potential wilderness study 
areas.
    [sbull] Wild and Scenic Rivers. This addresses a type of 
Congressional designation emphasizing the protection of rivers having 
outstandingly remarkable values. Proposed changes may result from a 
determination of the eligibility of Kinzua Creek, Bear Creek, Tionesta 
Creek, and the East Branch of Tionesta. The non-eligibility of 
previously identified and/or other rivers and streams will also be 
validated. Goals, objectives, desired future conditions, standards and 
guidelines may be revised to reflect new information and understanding 
about river protection and management. The Allegheny is working to 
complete the Clarion River Management Plan and finalize river corridor 
boundaries which will also be incorporated into the Revised Forest 
Plan.

Other Revision Changes

    Other changes may be made in the Forest Plan to reflect updates, 
corrections or modifications that will clarify or strengthen guidance 
provided in the plan. They include:

1. Soil and Water Quality

    [sbull] Timber harvest methods. Proposed changes include 
modifications to soil and water quality goals, objectives, standards 
and guidelines to address the compatibility of various conventional and 
unconventional harvest methods such as the use of helicopters and 
horses.
    [sbull] Watershed quality and restoration. Proposed changes include 
identifying monitoring thresholds and mitigation measures, adoption of 
watershed-specific standards and guidelines, and establishment of a 
specific management area for riparian zones.
    [sbull] Soil resources. Proposed changes include updating or adding 
goals, objectives, monitoring protocols, standards and guidelines based 
on new information, monitoring data, and regional guidance for 
protection of soil resources. New information and monitoring data will 
be included in the analysis of alternatives.

2. Heritage Resources

    Proposed changes include revising standards and guidelines, in 
consultation with state and tribal historic preservation offices and 
other entities, to reflect changing conditions with respect to 
archaeological sites. These changes will incorporate all current laws 
and regulations.

3. Scenery

    Proposed changes include incorporation of new national scenery 
management standards to integrate

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benefits, desires and preferences for aesthetics and scenery. The 
Visual Management System will be replaced with the Scenery Management 
System, a scenery planning tool. Mapping and definition of new scenery 
objectives will be made across the Allegheny National Forest.

4. Transportation Systems

    Proposed changes include modifications to road closure policies 
based on changes in management area goals, objectives, allocations, and 
changes in standards and guidelines. Establishment of new standards and 
guidelines by management area for road density will be considered.

5. Monitoring

    Proposed changes center on the development of a systematic 
framework of criteria and indicators to assist in monitoring management 
outcomes. This will allow for improved evaluation of management 
practices that enable determination of the adjustments needed for 
achieving desired outcomes. Improvements to monitoring and evaluation 
methods will enable a more effective use of an adaptive management 
approach.

6. Management Areas

    Management areas display how lands will be allocated for various 
management objectives and outcomes. Proposed changes include re-
defining and re-mapping management areas on a landscape level to create 
a strategic, programmatic and outcome-based plan that is more 
compatible with an ecosystem management approach. Particular emphasis 
will be placed on revising the goals and objectives for certain 
management areas, such as Management Area 6.1, to address habitat 
connectivity concerns. Modifications to Management Area 6.2 are needed 
to address compatibility issues between timber management and dispersed 
recreation. An evaluation of the extent of oil and gas development on 
the Allegheny National Forest may also lead to a re-allocation of lands 
such as Management Area 9.1.

7. Economics

    Any changes will be analyzed in terms of the economic stability of 
communities in the region surrounding the Allegheny National Forest. 
Alternatives developed for the Forest Plan Revision will be evaluated 
in terms of their economic impact on these communities, recognizing 
contributions to diversification and long-term sustainability of 
communities' economies and the linkages among on-forest and off-forest 
activities.
    Additional detail on changes to be addressed in Forest Plan 
Revision is available in the document entitled ``Analysis of the Need 
for Change in Forest Plan Revision.'' You are encouraged to review this 
additional document before commenting on the Notice of Intent. You may 
request the additional information as indicated in the ADDRESSES and 
FOR FURTHER INFORMATION CONTACT sections of this notice.
    Issues not Addressed in Forest Plan Revision: Issues addressed 
adequately in the current Forest Plan will not be revisited. Issues 
that relate to site-specific actions are better addressed in projects. 
Some issues, while important, are beyond the authority of the Allegheny 
National Forest. Issues that do not pertain to the six decisions made 
in Forest Plans are excluded from further consideration. In addition, 
some issues, though related to Forest Plan Revision, may not be 
undertaken at this time, but addressed later as a future Forest Plan 
amendment. Not all issues raised by the public are applicable to Forest 
Plan Revision and will consequently not be addressed in Revision. They 
include:
    Improving public education and outreach. The Allegheny National 
Forest received numerous comments requesting more education programs 
and public outreach in regard to the Allegheny and the way it is 
managed. However, the direction provided in the current Forest Plan is 
adequate to address these concerns and realize the suggested 
improvements. Public education and outreach has been limited by a lack 
of staff and funding rather than Forest Plan direction.
    Acquisition of mineral rights. The current Forest Plan adequately 
allows the Allegheny National Forest to acquire mineral rights, 
especially in consideration of special area designations, such as 
wilderness. The limiting factor is whether the Allegheny National 
Forest has the funding needed to make these purchases, and also whether 
there are willing sellers.
    Appeals and litigation. The public has expressed concerns and 
frustration with legal challenges to management on the Allegheny 
National Forest. Laws and federal regulations govern how litigation is 
handled. The Allegheny National Forest does not have the authority to 
change these procedures.
    Creation of jobs and community stability. The resource management 
activities of the Allegheny National Forest have impacts on the 
regional economy, including employment and community well-being. As a 
resource management agency, the Forest Service is required to maximize 
long-term net public benefit. Analysis of Forest Plan Revision 
alternatives will include assessments of economic impact, and these 
will be reported to the public as part of the Environmental Impact 
Statement.
    Implementation of the current Forest Plan. Many public concerns 
focus on problems that the Allegheny National Forest has experienced in 
achieving the goals and objectives set forth in the current Forest 
Plan, particularly regarding timber harvest levels, miles of ATV 
trails, and creation of early-successional habitat. In each case, the 
current Forest Plan sets expectations that have not been fully met due 
to a variety of reasons, such as funding limitations. The reasons for 
these problems rest with implementation of the Forest Plan rather than 
the direction of the Forest Plan itself.
    Site-specific improvements. Both the public and Allegheny National 
Forest staff have identified numerous site-specific improvements, such 
as:
    [sbull] ``Create more low-head dams and improvements.''
    [sbull] ``Develop a trailhead at Bear Creek to create funding for a 
bridge.''
    [sbull] ``Develop a trailhead in Ridgway.''
    [sbull] ``Create an ATV connector trail for Sandy Beach to 
Timberline ATV Trail.''
    [sbull] ``Build a lodge/restaurant development at Willow Bay 
area.''
    [sbull] ``Complete the Sugar Run Day Use Area.''
    [sbull] ``Grant an easement for construction of a rails-to-trails 
trail for Kinzua Bridge to Red Bridge.''
    [sbull] ``Increase mileage by building a bike/hike trail from the 
end of Elijah Bank to Dewdrop.''
    Improvements such as these are more appropriately addressed on a 
project level rather than on a Forest level. The Allegheny National 
Forest welcomes the opportunity to work collaboratively with the public 
and interest groups to develop strategies for meeting common interests 
that set goals and project schedules within budget constraints.
    Range of Alternatives: The Allegheny National Forest will consider 
a range of alternatives when revising the Forest Plan. Alternatives 
will provide different ways to address and respond to issues identified 
during the scoping process. A ``no-action alternative'' reflecting the 
effects of continuing management as directed under the existing Forest 
Plan is a required alternative.
    Inviting Public Participation: The Allegheny National Forest is now 
soliciting comments and suggestions from the Seneca Nation of Indians,

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Federal agencies, State and local governments, individuals, and 
organizations on the scope of the analysis to be included in the draft 
environmental impact statement for the revised Forest Plan (40 CFR 
1501.7). Comments should focus on (1) the preliminary issues proposed 
to be emphasized in revising the Forest Plan, (2) possible means of 
addressing concerns associated with these issues, (3) potential 
environmental effects and other management outcomes that should be 
included in the analysis, and (4) any possible impacts associated with 
the proposal based on an individual's civil rights (race, color, 
national origin, age, religion, gender, disability, political beliefs, 
sexual orientation, marital or family status). The Allegheny National 
Forest will encourage public participation in the environmental 
analysis and decision-making process.
    Along with the release of this NOI, the Allegheny National Forest 
is providing for additional public engagement through a series of 
collaborative learning workshops held throughout the revision process. 
Please see the document entitled ``Analysis of the Need for Change in 
Forest Plan Revision'' for more information about the collaborative 
learning methodology for public involvement.
    The first round of public workshops was held in May 2003, in DuBois 
and Bradford, PA. A second round was held in August 2003, in Warren, 
Erie, and University Park, PA. The next round of public involvement 
will be two open houses, one from 5:30 to 9:30 p.m. on October 27, 
2003, at the Holiday Inn on Ludlow Street in Warren, PA., and another 
from 5:30 to 9:30 p.m. on October 28, 2003, at the Quality Inn and 
Suites at the junction of Interstate 90 and State Route 97 in Erie, PA. 
In addition, a formal public hearing will be held from 1 to 5 p.m. on 
November 5, 2003, at Toftrees Resort and Conference Center, 1 Country 
Club Lane, State College, PA. Five more rounds of public involvement 
opportunities are anticipated over the remainder of the revision 
process, and are tentatively planned for March 2004, November 2004, 
April 2005, June 2005, and February 2006.
    For a discussion of the process used to narrow the range of Forest 
Plan Revision changes, please see the document entitled ``Analysis of 
the Need for Change in Forest Plan Revision.'' You may request a copy 
of this document as indicated in the ADDRESSES and FOR FURTHER 
INFORMATION CONTACT sections of this notice.
    Availability of Public Comment: 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 
decisions under 36 CFR parts 215 or 217.
    Additionally, pursuant to 7 CFR 1.27(d), any persons 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 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 
requester 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 90 days.
    Release and Review of the Draft EIS (DEIS): The DEIS is expected to 
be filed with the Environmental Protection Agency (EPA) and to be 
available for public comment in July 2005. At that time, the EPA will 
publish a notice of availability in the Federal Register. The comment 
period on the DEIS will extend 90 days from the date the EPA publishes 
the notice of availability in the Federal Register.
    The Forest Service believes that it is important, at this early 
stage, to give reviewers notice of several court rulings related to 
public participation in the environmental review process. First, 
reviewers of the DEIS 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. NRDS, 435 U.S. 519, 553 (1978). Also, 
environmental objections that could be raised at the DEIS stage but 
that are not raised until after completion of the final environmental 
impact statement (FEIS) 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 90-
day comment period on the DEIS, 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 FEIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the DEIS 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 
of Environmental Quality Regulations (http://ceq.eh.doe.gov/nepa/nepanet.htm) for implementing the procedures of the National 
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21).
    Dated: September 19, 2003.
Randy Moore,
Regional Forester.
[FR Doc. 03-24268 Filed 9-24-03; 8:45 am]
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