Notice of Intent To Prepare Environmental Impact Statement, South Fourth of July Timber Sale

DEPARTMENT OF AGRICULTURE

Forest Service

Notice of Intent To Prepare Environmental Impact Statement, South

Fourth of July Timber Sale

SUMMARY: The Salmon-Challis National Forest will prepare an

Environmental Impact Statement to document the analysis and disclose

the environmental impacts of a proposed timber sale in the South Fourth

of July subwatershed in the Panther Creek drainage.

The Salmon/Cobalt Ranger District is proposing to manage forested

vegetation on approximately 1,855 acres through commercial timber

harvest practices and associated pre-commercial thinning. The

Interdisciplinary Team also reviewed the effectiveness of travel

management closures in meeting the Forest Travel Plan; the Team

recommended some road closure changes or modifications in order to

better meet the Travel Plan objectives. It will take approximately

three to five years to complete the harvest, firewood gathering, slash

disposal and post sale pre-commercial thinning. No timber harvest would

occur within PACFISH defined riparian habitat conservation areas. The

analysis area is approximately 47,600 acres and is located Township 18

North, Range 18 East; Township 19 North, Ranges 17 and 18 East;

Township 20 North, Ranges 17 and 18 East; Township 21 North, Ranges 17

and 18 East; Boise Meridian, Lemhi County, Idaho. The analysis area is

completely within the Panther Creek drainage. None of the harvest units

are within inventoried roadless areas identified in the Salmon National

Forest Land and Resource Management Plan.

DATES: Written comments concerning the project described in this notice

should be received by December 15, 1999, to ensure timely

consideration. No scoping meetings are planned at this time.

ADDRESSES: Send written comments to District Ranger Terry Hershey,

Salmon/Cobalt Ranger District, RR2, Box 600, Salmon, ID 83467.

FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed

action and Environmental Impact Statement should be directed to Wayne

Hecker at 208-756-5100.

SUPPLEMENTARY INFORMATION: The Forest Service is seeking information

and comments from the 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

Environmental Impact Statement and Final Environmental Impact

Statement. 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 George

Matejko, Forest Supervisor, Salmon-Challis National Forest. The

decision to be made to whether to harvest National Forest System timber

and improve conditions for growth and regeneration of ponderosa pine

and lodgepole pine stands. The draft is expected to be available in

March of 2000, with a Final Environmental Impact Statement estimated to

be completed in June of 2000. 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. 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 Statement 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 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 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 chapter 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 Draft Environmental Impact 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 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 permits such confidentiality. Persons

requesting such confidentiality should be aware that, under the Freedom

of Information Act, confidentiality may be granted in only 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 submitted with or without name and address within 10

days.

Dated: October 8, 1999.

George Matejko,

Forest Supervisor.

[FR Doc. 99-29096 Filed 11-5-99; 8:45 am]

BILLING CODE 3410-11-M