Notice of Intent To Prepare an Environmental Impact Statement; Finger Mountain Timber Sale(s), Sitka Ranger District, Tongass National Forest, Chatham Area, Sitka, AK

DEPARTMENT OF AGRICULTURE

Forest Service

Notice of Intent To Prepare an Environmental Impact Statement;

Finger Mountain Timber Sale(s), Sitka Ranger District, Tongass National

Forest, Chatham Area, Sitka, AK

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Department of Agriculture, Forest Service will prepare an

Environmental Impact Statement to disclose the environmental impacts of

proposed actions within the Finger Mountain Project Area, which is

located on Chichagof Island in South-east Alaska. The proposed action

provides for: (1) Timber harvest and subsequent regeneration of

approximately 1872 acres of forested land. This harvest would result in

the production of approximately 49 million board feet of sawlog and

utility timber. (2) Construction of approximately 50 miles of permanent

and temporary road and reconstruction of approximately 1 mile of road.

(3) Construction of one log transfer facility and use of two existing

log transfer facilities. This proposed action is one alternative for

meeting the purpose and need for the project.

The Forest Service is seeking information and comments from

Federal, State, and local agencies, as well as individuals and

organizations who may be interested in, or affected by the proposed

action.

DATES: Comments concerning the scope of the analysis should be received

in writing by August 15, 1997.

ADDRESSES: Send written comments to Finger Mountain Planning Team,

Sitka Ranger District, 204 Siginaka Way, Sitka, AK 99835.

FOR FURTHER INFORMATION CONTACT: Lisa Winn, Team Leader, Sitka Ranger

District, 204 Siginaka Way, Sitka, AK 99835, phone (907) 747-6671, fax

(907) 747-4331.

SUPPLEMENTARY INFORMATION:

Background

The Environmental Impact Statement for the Finger Mountain Project

will tier to the Final Environmental Impact Statement for the Tongass

National Forest Land and Resource Management Plan of May 1997. The Land

and Resource Management Plan provides the overall guidance (goals,

objectives, management prescriptions, standards and guidelines) to

achieve the desired future condition for the area in which this project

is proposed.

The Finger Mountain Project Area is located about 38 air miles

north of Sitka, Alaska, 24 air miles of northeast of Angoon, Alaska,

and 3 air miles southwest of Tenakee Springs, Alaska on the

southeastern part of Chichagof Island. The Project Area covers

approximately 73,000 acres and extends from Peril Strait on the south

to Tenakee Inlet on the north. In includes all of Management Area C34

and encompasses six Value Comparison Units (230, 231, 232, 233, 234,

and 246) as described in the 1979 Tongass Land Management Plan. These

Value Comparison Units include the watersheds of In between Creek,

Saltery Bay, Crab Bay, Fog Creek, Broad Finger Creek, and Broad Creek.

The Project Area is administered by the Sitka Ranger District of the

Tongass National Forest, Chatham Area, Sitka, Alaska.

Purpose and Need

The Finger Mountain Project is being scheduled at this time to

provide supplemental analysis for six Value Comparison Units within the

1992 Southeast Chichagof Project Area. This supplemental analysis is

undertaken to meet the terms of the Settlement Agreement (filed May 16,

1996) for Alaska Wilderness Recreation and Tourism Association v.

Morrison, Case No J94-033. It is intended to supplement the analysis

contained in the Final Environmental Impact Statement and the Record of

Decision for the Southeast Chichagof Project Area, published in

September 1992.

The purpose and need for the Finger Mountain Project is: (1) To

implement the direction contained in the Tongass National Forest Land

and Resource Management Plan of May 1997, including goals, objectives,

management prescriptions, and standards and guidelines; (2) to maintain

wood production from suitable timber lands, providing a continuous

supply of wood to meet society's needs; (3) to help provide a stable

supply of timber from the Tongass National Forest which meets existing

and potential market demand and is consistent with sound multiple use

and sustained yield objectives; and (4) to help meet the desired future

condition of the landscape as described by the Land and Resource

Management Plan.

The Finger Mountain Project Area is expected to provide between 20

and 60 million board feet of timber to the timber industry in one or

more timber sales.

Public Comment

Federal, State, and local agencies, as well as individuals and

organizations

[[Page 35146]]

who may be interested in, or affected by, the proposed action are

invited to participate in the scoping process. This process will

determine the scope and significant issues to be analyzed in depth in

the Environmental Impact Statement.

Following the publication of this notice, a scoping document will

be mailed to interested people and organizations. The document will

briefly describe the project and project area, the purpose and need for

the project, the proposed action, and will invite public comment.

Scoping meetings will then be held in Sitka and Tenakee Springs,

Alaska. Locations and times of the scoping meetings will be announced

in local newspapers and on local radio stations.

Following scoping, the Interdisciplinary Planning Team will review

comments received during the scoping period to determine which issues

as significant and within the scope of this project. The team will then

develop a range of alternatives to address the significant issues. One

of these will be the ``No Action'' alternative, in which no additional

timber harvest or road construction 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 which will display the

alternatives and the direct, indirect, and cumulative effects of each

alternative.

The Draft Environmental Impact Statement is expected to be filed

with the Environmental Protection Agency after March, 1998. 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. In addition to commenting on the

proposed action and the Draft Environmental Impact Statement 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.

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 important that those interested in this proposed action

participate by the close of the 45 day comment period so that

substantive comments an objections are made available to the Forest

Service at a time when it can meaningfully consider and respond to them

in the Final 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 Environmental Impact Statement. Comments may also address the

adequacy of the Draft Environmental Impact Statement or the merits of

the alternatives formulated and discussed in the document. Reviewers

may wish to refer to the Council on Environmental Quality Regulations

for implementing the procedural provisions of the National

Environmental Policy Act, 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 Parts 215 or

217. 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.

Persons requesting such confidentiality should be aware that, under the

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 the name and address.

Decisions To Be Made

Gary A. Morrison, Forest Supervisor of the Chatham Area, is the

Responsible Official and will decide whether or not to authorize timber

harvest within the Finger Mountain Project Area. In addition, if timber

harvest will occur, he will determine the following: (1) Is the design

of the timber sales consistent with meeting resource protection

standards and guidelines in the Land and Resource Management Plan? (2)

How much timber volume is to be made available and what are the effects

of the planned activities? (3) What is the location and design of the

timber harvest units, log transfer facilities, and road system needed

to develop the project area? (4) What mitigation and monitoring

measures are required for sound resource management? (5) Is there a

significant possibility of a significant restriction on subsistence

uses?

The Final Environmental Impact Statement and Record of Decision is

expected to be released by August, 1998. The Responsible Official will

make a decision regarding this proposal after considering public

comments, and the environmental consequences displayed in the Final

Environmental Impact Statement, and applicable laws, regulations, and

policies. The decision and supporting reason will be documented in the

Record of Decision.

Dated: June 23, 1997.

Gary A. Morrison,

Forest Supervisor.

[FR Doc. 97-16985 Filed 6-27-97; 8:45 am]

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