Control Lake Timber Harvest

DEPARTMENT OF AGRICULTURE

Forest Service

Control Lake Timber Harvest

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to prepare a Supplement to the Draft

Environmental Impact Statement.

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SUMMARY: The Tongass National Forest-Ketchikan Area will prepare a

Supplement to the Control Lake Draft Environmental Impact Statement

(DEIS). The Supplement will address several changed conditions

including; a) the closure of the Ketchikan Pulp Mill, b) that timber

would no longer be offered to Ketchikan Pulp Company under its long

term timber sale contract with the Forest Service, and c) issuance of

the Revised Tongass National Forest Land Management Plan. The

Supplement will also address public comments received on the Control

Lake DEIS.

FOR FURTHER INFORMATION CONTACT:

Questions about the project can be directed to: Forest Supervisor,

Tongass NF-Ketchikan Area, Attn: Control Lake SDEIS, Federal Building,

Ketchikan, AK 99901.

SUPPLEMENTARY INFORMATION: The Supplemental DEIS is expected to be

available to the public during the Fall of 1997. The comment period on

the Supplement 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). 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 on the Supplement to 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

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.

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.

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: Permits required for implementation include the following:

1. U.S. Army Corp of Engineers

--Approval 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: Bradley E. Powell, Forest Supervisor, Ketchikan

Area, 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 policies in making

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

Dated: July 25, 1997.

Bradley E. Powell,

Forest Supervisor.

[FR Doc. 97-21544 Filed 8-13-97; 8:45 am]

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