Supplement to the Draft Environmental Impact Statement for Eagle Creek Timber Sales, Mt. Hood National Forest, Clackamas County, OR

SUMMARY: The USDA, Forest Service, will prepare a supplement to the

draft environmental impact statement (EIS) for Eagle Creek Timber Sales

on the Estacada Ranger District of the Mt. Hood National Forest. The

draft EIS was released in July 1993. Following the release of the draft

EIS, the Record of Decision for Amendments to Forest Service and Bureau

of Land Management Planning Documents Within the Range of the Northern

Spotted Owl (Northwest Forest Plan) was signed on April 13, 1994. This

new direction will require changes to the alternatives in the draft

EIS. The alternatives will be revised to be in compliance with the new

direction and be re-analyzed as a supplement to the existing analysis.

ADDRESSES: Submit written comments and questions about this supplement

to the Estacada Ranger District, Mt. Hood National Forest, 595 NW

Industrial Way, Estacada, Oregon 97023, Phone: (503) 630-6861.

FOR FURTHER INFORMATION CONTACT:

John Berry, Estacada District Ranger, Mt. Hood National Forest. Mt.

Hood National Forest, 595 NW Industrial Way, Estacada, Oregon 97023,

Phone: (503) 630-6861.

SUPPLEMENTARY INFORMATION: The original proposed action was developed

in accordance with the direction contained in the Mt. Hood National

Forest Land and Resource Management Plan (1991). The Northwest Forest

Plan has resulted in new circumstances and substantial changes to the

original proposed action. The Northwest Forest Plan has designated this

area as a Key Watershed and also allocated portions of the area to Late

Successional and Riparian Reserves. Changes to the proposed action

include: (1) No road building in the roadless area and no timber

harvest within the Late Successional Reserve; (2) designing the harvest

units consistent with the Standards and Guidelines in the Northwest

Forest Plan; and (3) incorporating the results of the watershed

analysis. Comments received from the draft EIS will be considered in

the preparation of the supplement.

The supplement will be prepared and circulated in the same manner

(exclusive of scoping) as the draft EIS (40 CFR 1502.9). The supplement

to the draft EIS is expected to be available for public review and

comment in February 1996. The comment period on the draft supplement

will be 45 days from the date the Environmental Protection Agency's

notice of availability appears in the Federal Register.

The Forest Service believes it is important to give reviewers

notice at this early stage of several court rulings related to public

participation in the environmental review process. First, reviewers of

the draft supplement to the EIS must structure their participation in

the environmental review of the proposal so that it is meaningful and

alerts an agency to the reviewer position and contentions. Vermont

Yankee Nuclear Power Corp. versus NRDC, 435 U.S. 519, 553 (1978). Also

environmental objections that could be raised at the draft supplement

stage but that are not raised until after completion of the final EIS

may be waived or dismissed by the courts. City of Angoon versus Hodel,

803 F.2d. 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc.

versus Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Due to 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 EIS.

To assist the Forest Service in identifying and considering issue

and concerns on the proposed action, comments on the supplement to the

draft EIS should be as specific as possible. It is also helpful if

comments refer to specific pages or chapters of the draft supplement.

Comments may also address the adequacy of the supplement or the merits

of the alternatives formulated and discussed in the supplement.

(Reviewer 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).

After the 45 day comment period ends on the supplement to the draft

EIS, the comments will be analyzed and considered by the Forest Service

in preparing the final EIS. The final EIS is scheduled to be completed

by June 1996. In the final EIS, the Forest Service is required to

respond to the comments received (40 CFR 1503.4). The Responsible

Official, Forest Supervisor Roberta Moltzen will consider the comments,

responses, environmental consequences discussed in the final EIS, and

applicable laws, regulations, and policies in making a decision and

reasons for the decision in the Record of Decision.

That decision will meet the criteria of Section 2001(e) of Public

Law 104-19 and is not appealable. This decision is subject to judicial

review only in the United States court for the district of Oregon. As

required under Section 2001(f)(1) of Public Law 104-19, any challenge

to this project must be filed in the district court within 15 days

after the advertisement of the sale.

Dated: October 5, 1995.

Roberta Moltzen,

Forest Supervisor.

[FR Doc. 95-25798 Filed 10-17-95; 8:45 am]

BILLING CODE 3410-11-M