Whitehawk Timber Sale, Boise National Forest, Valley County, ID

DEPARTMENT OF AGRICULTURE

Forest Service

Whitehawk Timber Sale, Boise National Forest, Valley County, ID

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare Environmental Impact Statement.

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SUMMARY: The Boise National Forest will prepare an environmental impact

statement (EIS) to document the analysis and disclose the environmental

impacts of a proposed timber sale in the Whitehawk subwatershed of the

Deadwood drainage.

The Lowman Ranger District of the Boise National Forest proposes to

harvest approximately 5,000 acres in the Whitehawk subwatershed,

Township 11 North, Ranges 7 and 8 East, Boise Meridian. Timber harvest

would include regeneration harvest, commercial thinning, sanitation and

salvage. Several temporary roads are proposed for construction to

access stands which can be harvested using ground-based systems. A

number of currently closed roads would be opened and/or reconstructed

to facilitate ground-based and helicopter yarding. No timber harvest

would occur within INFISH defined Riparian Habitat Conservation Areas,

within the Deadwood Inventoried Roadless Area (IRA), or within the

segment of the Deadwood River designated as eligible for Wild

designation under the Wild and Scenic Rivers Act in the Forest Plan.

Treatment harvest is proposed in portions of the Whitehawk IRA. The

proposed action is designed to maintain water quality, wildlife

habitat, and recreational opportunity spectrum in the project area

within Forest Plan standards.

DATES: Written comments concerning the scope of the analysis described

in this Notice should be received by November 30, 1998 to ensure timely

consideration. No scoping meetings are planned at this time.

ADDRESSES: Send written comments to Jackie Andrew, Project Coordinator,

Lowman Ranger District, 7359 Highway 21, Lowman, ID 83637.

FOR FURTHER INFORMATION CONTACT:

Questions concerning the proposed action and EIS should be directed to

Jackie Andrew at 208-259-3361.

SUPPLEMENTARY INFORMATION: The proposal may result in the reduction in

the number of acres in the Whitehawk IRA from the National Forest

System. Proposals that may substantially alter the undeveloped

character of an IRA require the preparation of an EIS. At this time,

the Forest Service regards development of IRA's as an issue to be

addressed in the EIS. An alternative which does not develop the

Whitehawk IRA will be developed during the analysis process.

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. The Forest Service invites written comments and suggestions on

the issues related to the proposal and the area being analyzed.

Information received will be used in preparation of the draft EIS

and final EIS. For the most effective use, comments should be submitted

to the Forest Service within 30 days from the date of publication of

this Notice in the Federal Register. The Responsible Official is David

D. Rittenhouse, Forest Supervisor, Boise National Forest. The decision

to be made is whether to harvest National Forest System timber and

reduce natural and activity fuels through prescribed fire. The draft

EIS is expected to be available for public review in February 1999,

with a final EIS estimated to be completed in May 1999. The comment

period on the draft EIS 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 EIS's 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 EIS stage

but not raised until after completion of the final EIS 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 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 issues and

concerns on the proposed action, comments on the draft EIS should be as

specific as possible. It is also helpful if comments refer to specific

pages or chapter of the draft EIS. Comments may also address the

adequacy of the draft EIS or the merits of the alternatives formulated

and discussed in the draft EIS. 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 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

confidentially should be aware that, under the FOIA, confidentiality

may be granted in only limited circumstances, such as to protest 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

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requester that the comments may be resubmitted with or without name and

address within 10 days.

Dated: October 19, 1998.

David D. Rittenhouse,

Forest Supervisor.

[FR Doc. 98-29029 Filed 10-29-98; 8:45 am]

BILLING CODE 3410-11-M