[Federal Register Volume 71, Number 59 (Tuesday, March 28, 2006)]
[Notices]
[Pages 15372-15374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2952]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Tongass National Forest Plan Amendment Environmental Impact
Statement
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture, Forest Service, will prepare an
environmental impact statement (EIS) that evaluates a potential
significant amendment to the 1997 Tongass National Forest Plan. The
Record of Decision will consider and identify changes, if any, to the
current 1997 Forest Plan.
DATES: A specific proposed action is expected to be identified and
posted on the Web site, http://tongass-fpadjust.net, in May 2006. The
Draft EIS is expected to be mailed in November 2006, which will begin a
90-day public comment period. Public meetings and subsistence hearings
will be scheduled during the 90-day comment period. The Record of
Decision is expected to be signed in July 2007.
FOR FURTHER INFORMATION CONTACT: Additional information is available on
the Tongass Forest Plan Adjustment Internet site at
http://www.tongass-fpadjust.net. General and specific comments on the amendment can be submitted online at this Internet site. Questions
about the project can be also directed to Lee Kramer, Forest Plan Project Manager, (Telephone
907-586-8811, ext. 225 or e-mail [email protected]). Written inquiries
can be directed to: Forest Supervisor, Tongass National Forest, Attn:
Forest Plan Amendment, 648 Mission Street, Ketchikan, AK 99901.
SUPPLEMENTARY INFORMATION: The National Forest Management Act of 1976
requires the Forest Service to develop land and resource management
plans for each unit of the National Forest System. These plans are
often referred to as forest plans. The Tongass National Forest adopted
its first forest plan in 1979. The Tongass National Forest issued a
Record of Decision (ROD), which revised its forest plan in 1997. A new
Forest Plan Record of Decision was issued in 1999, which was set aside
in 2001 as a result of litigation. Other litigation, occurring at the
same
[[Page 15373]]
time, indicated the Forest Plan EIS needed to be supplemented to
evaluate roadless areas on the Tongass for wildnerness recommendations.
Therefore, a Forest Plan Supplemental EIS was completed in 2003.
The Tongass forest plan is being amended to respond to the court
decision in National Resources Defense Council v. U.S. Forest Service,
421 F.3d 797 (9th Circ. 2005). In that decision, the Ninth Circuit held
that the environmental impact statement and record of decision for the
Tongass forest plan adopted in 1997 had errors relating to the use of
projected market demand for timber, the range of alternatives
considered, and the cumulative effects of activities on non-National
Forest System lands.
In addition, ongoing implementation, maintenance, and monitoring of
the 1997 Forest Plan has generated a list of potential changes. Most of
these changes were identified during the 5 Year Review of the Forest
Plan conducted in 2004 and documented on the 5 Year Review Web site
(http://www.tongass-5yearreview.net/). For additional related
information see the Forest Plan Maintenance Program Web sites
(http://www.tongass-fpmaintprog.net/). Examples of these potential
Forest Plan changes include: new director for invasive species
management, consideration of new direction on Off Highway Vehicle
(OHV) use, and heritage sacred sites standards and guidelines.
Information on these and other Forest Plan-related work items can be
found on the Forest Plan Adjustment Web site
(http://tongass-fpadjust.net).
This amendment will draw upon a wealth of existing information. The
environmental impact statements and planning records for the 1997
forest plan and the 2003 wilderness evaluation contain a great deal of
analysis of land allocations, effects on communities and impacts to
fish and wildlife. It will also be informed by the ideas and
information from five substantial public comment efforts that have
occurred since the 1997 forest plan was adopted: (1) The 69 day comment
period for the proposed national roadless area conservation rule that
began May 10, 2000; (2) the 60 day comment period for the advance
notice of proposed rulemaking for the roadless area conservation rule
that began July 10, 2001; (3) the 90-day comment period for the Tongass
2003 wilderness area Supplemental EIS that began May 17, 2002; (4) the
30 day comment period for the interim roadless area conservation rule
for the Tongass National Forest that began July 15, 2003; and (5) the
122 day comment period on the 2004 roadless area conservation rule that
began July 12, 2004.
Further analysis, including new estimates of timber market demand
by the Forest Service Pacific Northwest Research Station, follow-up
studies commissioned after the 1997 forest planning process, and
experience gained while implementing the 1997 Tongass forest plan will
also aid in responding to the inadequacies identified by the Court and
the potential changes that surfaced during the Forest Plan 5 Year
Review. Appropriate alternatives for amending the Forest Plan will be
developed and then evaluated in the EIS. The major issues that are
likely to drive alternative development include timber demand and
supply, wildlife and fish conservation, and maintaining inventoried
roadless areas.
Since 1997 timber harvest and road construction have been well
below the level permitted by the Forest Plan. Because the 5 Year Review
did not identify any individual concerns requiring revision, the
proposed action would amend the Forest Plan. The amendment will respond
to the 9th Circuit Court and some of the concerns identified in the 5
Year Review. In addition, the proposed action will integrate past
decisions (the 1997, 1999, and 2003 RODs, and all plan amendments
completed to date) to resolve confusion regarding current management
direction for the Tongass.
The Forest Service recently issued the 2005 Forest Planning Rule.
Because the Court indicated that an EIS needed to be prepared, and
because the 2005 Rule does not require EISs for Forest Plans, the
planning regulations in effect before November 9, 2000 will be followed
for this amendment.
Opportunities for the public to participate in the development of
the EIS will be provided throughout the process. The Forest Service is
using a combination of methods to engage and involve the public, but is
emphasizing a Web-based approach. A Web site has already been
established to provide information to the public and to accept comments
(http://www.tongass-fpadjust.net/). The public is invited to visit this
site to learn more about the amendment process and to provide comment
on the process or on specific work items. Other potential public
involvement methods include public mailings, public meetings, and use
of the news media. Information from previous public input efforts
related to the 1997 Forest Plan and the 2003 Supplemental EIS, will be
incorporated.
The comment period on the Draft EIS will be 90 days from the date
the Environmental Protection Agency (EPA) publishes the notice of
availability of the EIS in the Federal Register. A series of public
meetings and subsistence hearings will be held during the 90-day public
comment period. The Draft EIS is projected to be filed with the EPA in
November 2006.
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 preview 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, 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 the proposed action
participate by the close of the 90-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 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 draft
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
[[Page 15374]]
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.
No outside permits or licenses are required to implement the
proposed action. Responsible Official: The Tongass Forest Supervisor,
648 Mission Street, Ketchikan, AK, 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: March 20, 2006.
Forrest Cole,
Forest Supervisor.
[FR Doc. 06-2952 Filed 3-27-06; 8:45 am]
BILLING CODE 3410-11-M