Environmental Impact Statement Helicopter Landings in Wilderness, Tongass National Forest, AK

Federal RegisterAug 31, 1994

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DEPARTMENT OF AGRICULTURE

Environmental Impact Statement Helicopter Landings in Wilderness,

Tongass National Forest, AK

AGENCY: Forest Service, USDA.

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

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SUMMARY: The proposed action is to designate 41 helicopter landing

areas in wilderness on the Tongass National Forest. Presently, the use

of helicopters by the general public for access to wilderness is

prohibited on the Tongass National Forest by regulation (36 CFR

261.10). The designation of helicopter landing areas is based on uses

which were established at the time of the designation of the wilderness

which is allowed by the Wilderness Act (Pub. L. 88-577) under 36 CFR

293.6(d). The 41 landing areas identified in the Forest Service

proposed action are located in seven of the 19 designated wildernesses

on the Tongass National Forest. The wildernesses where landing areas

are proposed and the number of landing areas proposed are Endicott

River (1), Kootznoowoo (Admiralty Island National Monument) (6), Misty

Fiords National Monument (25), South Etolin (1), South Prince of Wales

(1), Strikine-LeConte (4), and Tracy Arm-Fords Terror (3). The proposed

action would allow up to 50 helicopter landings per year on some

landing areas. Implementation of the proposed action likely would

require special use permits for helicopter landings to address

management concerns including monitoring.

EFFECTIVE DATE: Written comments concerning the proposed action to

approve helicopter landing areas in Tongass National Forest wilderness

should be received within 45 days of the date of publication of this

Notice in the Federal Register.

ADDRESSES: Send written comments to Bill Tremblay, Team Leader, USDA

Forest Service, P.O. Box 309, Petersburg, AK 99833.

FOR FURTHER INFORMATION CONTACT:Questions concerning the proposed

action and environmental impact statement should be directed to Bill

Tremblay, Team Leader, USDA Forest Service, P.O. Box 309, Petersburg,

AK 99833, phone: (907) 772-3841.

SUPPLEMENTARY INFORMATION: The purpose of the project is to provide

continued general public helicopter access for ``traditional''

activities while managing Tongass National Forest wilderness to provide

high quality wilderness opportunities. In this context, traditional

activities include hiking, camping, photography, fishing, and other

wilderness-oriented forms of recreation. Access for activities

authorized under legal authorities other than Section 4(d)(1) of the

Wilderness Act (such as outfitting/guiding, mineral exploration,

maintaining communication sites, agency administrative use) is not

included in this project.

The Regional Forester, Phil Janik, must decide whether to allow

continued helicopter landings for access by the general public in areas

that were used prior to wilderness designation. If helicopter landing

areas are approved, the Regional Forester will decide which areas will

be designated and what restrictions, if any, will be established.

A scoping letter was sent in 1992 to persons on a Tongass National

Forest mailing list. Requests for comments were published in newspapers

throughout southeast Alaska. Public meetings were held in Juneau,

Ketchikan, Petersburg, Sitka, and Wrangell, Alaska the fall of 1992.

Additional comments will be solicited through mailings, public notices,

and this Federal Register Notice. Additional public scoping meetings

are not planned.

Alternatives will include the proposed action, a no action

alternative, and other action alternatives. All action alternatives

would authorize some helicopter landings in wilderness for general

public access. Proposed land areas may or may not include areas already

accessed by other motorized methods as provided for in Section 1110(a)

of the Alaska National Interest Lands Conservation Act (ANILCA), Public

Law 96-487. The following preliminary issues have been identified:

1. Access for traditional activities. Should continued helicopter

landings be authorized to provide general public access to wilderness

for traditional activities?

2. Wilderness. What effects will designation of helicopter landing

areas have on the wilderness resource and the inherent qualities of

wilderness such as remoteness, isolation, and sense of privacy?

3. Heritage Resources. What effects will the increase of general

public access have on known cultural resources and yet undiscovered

cultural resources?

4. Wildlife. What effects will helicopter landings have on

wildlife, especially threatened, endangered and sensitive species

including mountain goats, goshawks, bald eagles, and brown bears?

5. Recreation. What changes in recreational use patterns may occur

because of the reintroduction of helicopter landings into wilderness?

6. Subsistence. What effects will helicopter landings have on

subsistence resources and uses within wilderness?

The draft environmental impact statement is projected to be issued

in May, 1995. 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, 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 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 when it can meaningfully

consider them and respond to them in the 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 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.

Issuance of the final environmental impact statement is projected

in December, 1995. The responsible official for the decision is Phil

Janik, Regional Forester, Alaska Region, P.O. Box 21628, Juneau, AK

99802-1628.

Dated: August 19, 1994.

Phil Janik,

Regional Forester.

[FR Doc. 94-21416 Filed 8-30-94; 8:45 am]

BILLING CODE 3410-11-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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