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

AGENCY: Forest Service, USDA.

ACTION: Notice of intent.

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

Draft Environmental Impact Statement for the Finger Mountain Timber

Sale(s) project, located on the Sitka Ranger District of the Tongass

National Forest. This Notice of Intent revises the proposed action for

the Finger Mountain project and the schedule for the decision described

in the Notice of Intent published June 30, 1997 (Federal Register:

Volume 62, Number 125, Pages 35145-351460), and in the Notice of Intent

published July 23, 1997 (Federal Register: Volume 62, Number 141, Page

39498).

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

in writing by June 25, 1999.

ADDRESSES: Send written comments to; Finger Mountain Planning Team,

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

[[Page 28448]]

FOR FURTHER INFORMATION CONTACT: Lisa Winn, Team Leader, or Bill

Lorenz, Planning Group Leader, Sitka Ranger District, 204 Siginaka Way,

Sitka, AK 99835, phone (907) 747-6671, fax (907) 747-4331, email 1winn/

[email protected], or blorenz/[email protected].

SUPPLEMENTARY INFORMATION: The new proposed action for the Finger

Mountain Timber Sale(s) project includes the following: (1) Timber

harvest and subsequent regeneration on approximately 936 acres of

forested land resulting in the production of approximately 21.4 million

board feet of sawlog and utility timber; (2) construction of

approximately 9.8 miles of permanent road, 10.9 miles of temporary

road, and reconstruction of approximately 13.4 miles of existing road;

(3) construction of one new log transfer facility and reconstruction of

one existing log transfer facility. This proposed action is one

alternative for meeting the purpose and need for the project.

The Finger Mountain project area is now expected to provide between

10 and 25 million board feet of timber to the timber industry in one or

more timber sales. The actual range of alternatives considered in the

Environmental Impact Statement will be determined during analysis.

The purpose and need for the Finger Mountain project consist of the

following four items: (1) To implement the direction contained in the

Modified 1997 Tongass National Forest Land and Resource Management Plan

and the 1999 Record of Decision, 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 societies 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 Modified 1997 Forest

Plan.

Public Comment

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

organizations 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 proposed action, and

will invite public comment.

Following scoping, the interdisciplinary planning team will review

comments received during the scoping period to determine which issues

are significant and within the scope of this project. If issues are

identified that were not previously noted, the team will develop

alternatives that address all of the significant issues. Significant

issues identified to date include potential effects on the following:

(1) Wildlife requiring old-growth forest habitat, (2) subsistence

opportunities, (3) scenic resources and recreation experiences. (4)

marine environment from log transfer facilities and logging camps, and

(5) economic opportunities for small-scale timber operators.

If no additional issues are identified, the team will proceed with

the current alternative development already underway. One of the

alternatives 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 by December, 1999. 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.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action or any other alternatives, 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 trace 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

Fred S. Salinas, Assistant Forest Supervisor of the Tongass

National Forest, is now 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) whether the design of the timber sale(s)

is consistent with meeting resource protection standards and guidelines

in the Modified 1997 Forest Plan and the 1999 Record of Decision; (2)

how much timber volume will be made available and what are the effects

of the planned activities; (3) the location and design of the timber

harvest units, log transfer facilities, and road system; (4) mitigation

and monitoring required for sound resource management; (5) whether

there is a significant possibility of a significant restriction on

subsistence uses; and (6) road management objectives, including

closures for resource protection and economics.

The Final Environmental Impact Statement and Record of Decision is

expected to be released by June, 2000. The Responsible Official will

make a

[[Page 28449]]

decision regarding this proposal after considering public comments, the

environmental consequences displayed in the Final Environmental Impact

Statement, and applicable laws, regulations, and policies. The decision

and supporting reasons will be documented in the Record of Decision.

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 believes 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 and 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.

Dated: May 17, 1999.

John C. Sherrod,

Acting Assistant Forest Supervisor.

[FR Doc. 99-13404 Filed 5-25-99; 8:45 am]

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