[Federal Register Volume 71, Number 23 (Friday, February 3, 2006)]
[Notices]
[Pages 5803-5804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1001]


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DEPARTMENT OF AGRICULTURE

Forest Service


Wrangell Ranger District, Tongass National Forest, Alaska; Baht 
Roaded Timber Sale Environmental Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Revised Notice of Intent to prepare an Environmental Impact 
Statement.

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SUMMARY: This NOI revises the proposed action, dates, and contact 
information in the original Notice of Intent published in the Federal 
Register Number 217 (pages 63755-63757) on November 10, 2003. The 
Department of Agriculture, Forest Service, will prepare an 
Environmental Impact Statement (EIS) on a proposal to harvest timber in 
the Baht Roaded Timber Sale project area, Wrangell Ranger District, 
Tongass National Forest. The proposed action is to harvest an estimated 
42 million board feet on approximately 1,410 acres with about 11 miles 
on new road construction. The Tongass National Forest Supervisor will 
decide 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 information disclosed in the EIS and the 
goals, objectives and desired future conditions as stated in the 
Tongass Land Resource Management Plan (Forest Plan).

DATES: Individuals interested in receiving a scoping package should 
contact us at the address below. Comments will be most helpful if 
received by March 3, 2006. The Draft Environmental Impact Statement is 
projected to be filed with the Environmental Protection Agency (EPA) in 
April 2006 and will begin a 45-day public comment period. The Final 
Environmental Impact Statement and Record of Decision are anticipated 
to be published in September 2006.

ADDRESSES: Please send written comments to Wrangell Ranger District; 
Tongass National Forest, Attn: Baht EIS; P.O. Box 51, Wrangell, AK 
99929. The fax number is 907-874-7595. Electronic comments can be e-
mailed to [email protected]. Please include 
the word ``Baht'' in the subject line. In all correspondence, include 
your name, address, and organization name if you are commenting as a 
representative of an organization.

FOR FURTHER INFORMATION CONTACT: Questions about the proposal and EIS 
should be directed to Mark Hummel, 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 Baht Environmental Impact Statement, 
Wrangell Ranger District, Tongass National Notice of Intent to Prepare 
an Environmental Impact Statement (NOI) was published in the Federal 
Register Number 217 (pages 63755-63757) on November 10, 2003. This NOI 
revises the proposed action, dates, and contact information in the 
original Notice of Intent. The Baht Roaded Timber Sale project area is 
located within Tongass Forest Plan Value Comparison Units 456, 457, 458 
and 459 on the northern half of Zarembo Island, Alaska, Wrangell Ranger 
District of the Tongass National Forest. The projected area is located 
approximately 17 air miles west of Wrangell, Alaska. The project area 
covers approximately 57,600 acres, of which approximately 18,000 acres 
are considered suitable for timber management. The Baht Project Area 
contains portions of four different LUDs: Timber Production represents 
58.9% of the project area, Scenic Viewshed 37%, Old-growth Habitat 4% 
and Semi-Remote Recreation .01%. The sale is currently listed on the 
Tongass 5-year action plan and is to be sold in 2007. The Baht Roaded 
Timber Sale project is consistent with the 1997 Forest Plan.
    The purpose and need for the proposed action responds to the goals 
and objectives the Forest Plan, as amended, and helps move the area 
toward the desired conditions as described in the forest plan. The 
Tongass Forest Plan goals and objectives applicable to the Baht Project 
Area: Contribute to the production of even-flow, long-term sustained 
yield of timber, as well as a mix of other resource activities; 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 action is to harvest an estimated 42 million board 
feet on approximately 1,410 acres with about 11 miles of new road 
construction. The proposed action will use clearcutting to manage the 
area under an even aged management prescription. The Baht Project Area 
includes old-growth habitat reserves (OGRs) as designated in the Forest 
Plan. To meet Forest Plan criteria for old-growth reserves, changes to 
a small OGR boundary will be proposed as part of this project. A non-
significant Forest Plan amendment will be required to address this 
change.
    A range of alternatives will be developed to respond to the 
significant issues. In addition to the no-action alternative, 
alternatives will likely propose harvest of 15-45 million board feet of 
timber on an estimated 500-1,500 acres offered in one or more timber 
sales.
    Preliminary Issues: 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. Public participation is an integral component of the analysis 
process. This notice of intent re-initiates the scoping process that 
guides the development of the environmental impact statement. The 
Forest Service will seek additional 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. Written scoping comments were solicited 
through a preliminary scoping package that was sent to persons on the 
project mailing list in July 2003. Additional written scoping comments 
are being solicited through a scoping package that will be sent to the 
project mailing list concurrent with the publication of this NOI. For 
the Forest Service to best use the scoping input,

[[Page 5804]]

comments should be received by March 3, 2006. If comments were 
submitted during the July 2003 scoping period, they are being 
considered and it is not necessary to re-submit the same comments.
    The Interdisciplinary Team will review comments received during the 
scoping period to determine which comments are significant and within 
the scope of this project. The team will then develop issues and a 
range of alternatives to address the significant issues, including the 
``No Action'' alternative, in which no additional timber harvest or 
road constructyion 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 Draft EIS is projected to be filed with the 
Environmental Protection Agency (EPA) in April 2006. The Final EIS is 
anticipated by September 2006. Subsistence hearings, as provided for in 
Title VIII, section 810 of the Alaska National Interest Lands 
Conservation Act (ANILCA), will be conducted, if necessary, during the 
comment period on the Draft Environmental Impact Statement.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A draft environmental impact statement will be 
prepared for comment. The comment period on the draft environmental 
impact statement will be 45 days from the date 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, 533, (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, 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 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 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 draft environmental 
impact statement 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. 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.
    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.
    Permits or Licenses Required: 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: Forrest Cole, Forest Supervisor, Tongass 
National Forest, Federal Building, 648 Mission Street, Ketchikan, 
Alaska 99901, is the responsible official.
    Nature of Decision To Be Made: The Forest Supervisor will consider 
the comments, responses, disclosure of environmental consequences, and 
applicable laws, regulations, and policies in making the decision. The 
responsible official will decide whether or not to harvest timber from 
this area, and if so, how this timber would be harvested. The 
responsible official will state the decision and the rationale for the 
decision in the Record of Decision (ROD). (Authority: 40 CFR 1501.7 and 
1508.22; Forest Service Handbook 1909.15, Section 21)

    Dated: January 27, 2006.
Forrest Cole,
Forest Supervisor.
[FR Doc. 06-1001 Filed 2-2-06; 8:45 am]
BILLING CODE 3410-11-M