[Federal Register Volume 68, Number 217 (Monday, November 10, 2003)]
[Notices]
[Pages 63755-63757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28159]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Baht Environmental Impact Statement

AGENCY: Forest Service, USDA.

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

-----------------------------------------------------------------------

SUMMARY: The Department of Agriculture, Forest Service, will prepare an 
Environmental Impact Statement (EIS) on a proposal to harvest timber in 
the Baht Timber Sale project area, Wrangell Ranger District, Tongass 
National Forest. The proposed action is to harvest an estimated 15 
million board feet (31,000 ccf) on approximately 1150 acres with about 
6 miles of new road construction. The range of alternatives being 
developed to respond to the significant issues, besides no-action, will 
likely be 8-33 million board feet (16,000-67,000 ccf) of timber on an 
estimated 500-1300 acres in one or more timber sales. The purpose and 
need of the timber sale is to: contribute to the production of a 
sustained yield of timber and mix of other resource activities from the 
Tongass National Forest, consistent with Forest Plan Standards and 
Guidelines; seek to provide a timber supply sufficient to meet the 
annual and planning cycle market demand for Tongass National Forest 
timber; provide a diversity of opportunities for resource uses that 
contribute to the economies of Southeast Alaska; and support a wide 
range of natural resource employment opportunities within Southeast 
Alaska's communities. The Tongass Forest Supervisor will decide on 
whether or not to harvest timber from this area, and if so, how this 
timber would be harvested. The decision will be documented in a Record 
of Decision based on the information disclosed in the EIS and the 
goals, objectives and desired future conditions as stated in the Forest 
Plan.

DATES: Opportunities for comment are available throughout the process. 
Individuals interested in receiving a scoping package should contact us 
within 30 days of the publication of this NOI. Comments will be most 
helpful if received by December 12, 2003. Additional opportunities for 
comment will be provided after release of the Draft EIS, anticipated in 
early spring of 2004.

ADDRESSES: Please send written comments to Wrangell Ranger District; 
Attn: Baht EIS; PO Box 51, Wrangell, AK 99929.

FOR FURTHER INFORMATION CONTACT: Chip Weber, District Ranger, or Linda 
Christian, IDT Leader, Wrangell Ranger District, Tongass National 
Forest, P.O. Box 51, Wrangell, AK 99929 telephone (907) 874-2323.

SUPPLEMENTARY INFORMATION: The proposed action is to harvest an 
estimated 15 million board feet (31,000 ccf) on approximately 1150 
acres with about six miles of new road

[[Page 63756]]

construction. The range of alternatives being developed to respond to 
the significant issues, besides no-action, will likely be 8-33 million 
board feet (16,000-67,000 ccf) of timber on an estimated 500-1300 acres 
in one or more timber sales. The purpose and need of the timber sale is 
to: Contribute to the production of a sustained yield of timber and mix 
of other resource activities from the Tongass National Forest, 
consistent with Forest Plan Standards and Guidelines; seek to provide a 
timber supply sufficient to meet the annual and planning cycle market 
demand for Tongass National Forest Timber; provide a diversity of 
opportunities for resource uses that contribute to the economies of 
Southeast Alaska; and support a wide range of natural resource 
employment opportunities within Southeast Alaska's communities.
    The proposed timber harvest is located within Tongass Forest Plan 
Value Comparison Units 456, 457, 458 and 459 on Zarembo Island, Alaska, 
Wrangell Ranger District of the Tongass National Forest. This proposed 
project is fully compliant with the Roadless Area Conservation rule 
(Roadless Rule, January 12, 2001) as all harvest and roads are proposed 
in previously developed areas. The sale is currently listed on the 
Tongass 10-year action plan to be sold in 2006. 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 on the 
Tongass over the next few years. The Baht Timber Sale Project is 
consistent with the 1997 Tongass Land Management Plan.
    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 Tribal 
Governments, Federal, State, and local agencies, individuals and 
organizations that may be interested in, 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 scoping comments 
are being solicited through a scoping package that will be sent to the 
project mailing list. For the Forest Service to best use the scoping 
input, comments should be received by December 12, 2003. Tentative 
issues identified for analysis in the EIS include the potential effects 
of the project on and the relationship of the project to: old-growth 
ecosystem management and the maintenance of habitat for viable 
populations of wildlife species, timber sale economics, road 
construction/access management and water quality.
    Based on results of scoping and the resource capabilities within 
the project area, alternatives including a ``no action'' alternative 
will be developed for the Draft Environmental Impact Statement (Draft 
EIS). The Draft EIS is projected to be filed with the Environmental 
Protection Agency (EPA) in early spring of 2004. The Final EIS is 
anticipated by January 2005.
    The comment period on the draft environmental impact statement will 
be 45 days from the date that the Environmental Protection Agency 
publishes the notice of availability in the Federal Register.
    The Forest Service believes it is important to give reviewers 
notice 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). 
Environmental objections that could have been raised at the draft 
environmental impact statement 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, 4900 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 period 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 final environmental impact 
statement.
    To assist the Forest Service in identifying and considering issues 
and concerns of the proposed action, comments during scoping and 
comments on the draft environmental impact statement should be 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 drafts environmental impact statements or the merits of the 
alternatives formulated and discuses in the statement. Reviewers may 
wish to refer to the Council on Environmental Qualify 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 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 part 215. 
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. 
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, 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 name and 
address within 7 days.
    Pemits: Permits required for implementation include the following:

1. U.S. Army Corp of Engineers
    --Approvals 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)

    Responsible Official: The Forest Supervisor, Tongass National 
Forest, Federal Building, Ketchikan, Alaska 99901, is the responsible 
official. The responsible official will consider the comments, 
response, disclosure of environmental consequences, and applicable 
laws, regulations, and

[[Page 63757]]

policies in making the decision and stating the rationale in the Record 
of Decision.

    Dated: November 3, 2003.
Forrest Cole,
Forest Supervisor.
[FR Doc. 03-28159 Filed 11-07-03; 8:45 am]
BILLING CODE 3410-11-M