Proposed Little Weiser Landscape Vegetation Management Project, Payette National Forest, Idaho

DEPARTMENT OF AGRICULTURE

Forest Service

Proposed Little Weiser Landscape Vegetation Management Project,

Payette National Forest, Idaho

AGENCY: Forest Service, USDA.

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

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SUMMARY: The USDA Forest Service will prepare an environmental impact

statement (EIS) for the proposed Little Weiser Landscape Vegetation

Management Project, Council Ranger District, Payette National Forest,

Idaho. The proposed action would harvest timber on 3,000 to 3,800

acres, construct about 8 miles of new road, reconstruct approximately

30 miles of system and non-system roads, obliterate 4.2 miles of roads,

close approximately 40 miles of existing non-system roads, treat fuels,

and plant conifer seedlings on 2,300 to 2,600 acres after harvest. The

Forest Service will develop a range of alternatives, including a no

action alternative, to address issues.

The agency invites public comments on the scope of the analysis and

issues to be addressed in the draft environmental impact statement

(DEIS). In addition, the agency gives notice of the full environmental

analysis and decision making process that is beginning on the proposal

so that interested and affected people can know how they may

participate and contribute to the final decision.

DATES: Comments must be received by June 18, 1999.

ADDRESSES: Submit written comments and suggestions to: Dautis Pearson,

Team Leader, Council Ranger District, Payette National Forest, P.O. Box

567, Council, Idaho 83612. Fax (208) 253-0109.

FOR FURTHER INFORMATION CONTACT: Questions about the proposed action

should be directed to Dautis Pearson, phone (208) 253-4215.

SUPPLEMENTARY INFORMATION: The Payette National Forest prepared an

environmental assessment (EA) on this Little Weiser proposal in March

1997. The Forest Supervisor signed a Decision Notice approving the

project on December 23, 1997. In 1998, a lawsuit challenged this

project, among others. In response to a settlement agreement resolving

the litigation, the Forest Supervisor in February 1999, agreed to

withdraw the decision and prepare an environmental impact statement

that would update the analysis in the EA. The Forest Supervisor will

then issue a new decision.

The Payette National Forest Plan (1988) provides Forest-wide

direction

[[Page 24319]]

for management of the land and resources of the Payette National

Forest, including this project area. The project would be consistent

with the Plan as amended by the Inland Native Fish Strategy (INFISH) of

1995.

Public participation will be important at several points during the

analysis, particularly during scoping of issues and review of the DEIS.

The first opportunity in the process is scoping. This notice begins the

30-day scoping period.

The scoping process includes:

1. Identifying potential issues.

2. Identifying issues to be analyzed in detail.

3. Eliminating insignificant issues or those covered by a relevant

previous environmental analysis.

4. Determining potential cooperating agencies and responsibilities.

The Forest Service has consulted with the U.S. Fish and Wildlife

Service, Department of Interior, on potential impacts to threatened and

endangered species.

Preliminary issues include effects on soils, water, fish, timber,

vegetation, wildlife, fire management, heritage resources, recreation,

visual quality, and socio-economics.

The next major opportunity for public input is with the DEIS. The

DEIS will analyze a range of alternatives to the proposed action,

including the no-action alternative. The Forest expects to file the

DEIS with the Environmental Protection Agency (EPA) for public review

in July 1999. EPA will then publish a notice of availability of the

DEIS in the Federal Register. The Forest Service invites public

comments at that time.

The comment period on the DEIS will be 45 days from the date the

EPA 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

any DEIS must structure their participation in the environmental review

of the proposal so that it is meaningful and alerts the agency to the

reviewer's position and contentions. Vermont Yankee Nuclear Power Corp.

v. NRDC, 435 U.S. 519, 553 (1978). Also, courts may waive or dismiss

environmental objections that could be raised at the DEIS stage but

that are not raised until after completion of the final environmental

impact statement (FEIS). 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 the

agency can meaningfully consider them and respond to them in the FEIS.

To assist the Forest Service in identifying and considering issues

raised by the proposed action, comments on the DEIS should be as

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

pages or chapters of the DEIS. Comments may also address the adequacy

of the DEIS or the merits of the alternatives it analyzes. 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.

The Forest Service will respond to comments received in the FEIS

(40 CFR 1503.4). The responsible official will consider the comments,

responses, environmental consequences disclosed in the FEIS, and

applicable laws, regulations, and policies in making the final decision

regarding this proposal. The responsible official will document the

decision and reasons for it in the Record of Decision. That decision

will be subject to appeal under 36 CFR 215.

David F. Alexander, Forest Supervisor of the Payette National

Forest, is the responsible official for this EIS.

Dated: April 30, 1999.

Miera Crawford,

External Relations Branch Chief.

[FR Doc. 99-11337 Filed 5-5-99; 8:45 am]

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