Kuiu Timber Sale FEIS Chapter 3 • 225 

3.18 Findings and Disclosures 

3.18.1.1 Tongass National Forest Land and Resource 

Management Plan 

All project alternatives fully comply with the Tongass Land and 

Resource Management Plan (1997, as amended). This project 

incorporates all applicable Forest Plan Forest-wide standards and 

guidelines and management area prescriptions as they apply to the 

Kuiu Timber Sale Area, and complies with Forest Plan goals and 

objectives. All required interagency review and coordination has been 

accomplished. 

3.18.1.2 R10 Supplement 2400-2002-1 

The Kuiu project fully complies with Alaska Region Supplement 

2400-2002-1 to Forest Service Manual 2400. This supplement became 

effective on May 7, 2002, replacing the Alaska Regional Guide, which 

was withdrawn on April 16, 2002. Specifically, the Supplement 

provides direction for the management standards and guidelines for: 

appropriate harvest cutting methods; forest type standards; maximum 

size of created openings (a requirement of the National Forest 

Management Act, discussed below); dispersal and size variation of tree 

openings; management intensity; utilization standards; sale 

administration; project monitoring; and competitive bidding and small 

business. 

The Forest Plan complies with all resource integration and 

management requirements of 36 CFR 219 (219.14 through 219.27). 

Application of Forest Plan direction for analysis of the Kuiu Timber 

Sale Area ensures compliance at the project level. 

3.18.1.3 Even-aged management as the Optimal Method of 

Harvesting 

The Forest Plan gives guidance on when to use even-aged 

management. Clearcutting (an even-aged harvest method) is used in 

this project to preclude or minimize mistletoe infestation, yellow-cedar 

decline, logging damage, windthrow, or other factors affecting forest 

health. Specific information for use of this prescription is shown in the 

silvicultural prescriptions, which are filed in the planning record. 

Where used, this prescription has been deemed optimal related to sitespecific considerations as described above. 

The National Forest Management Act limits the size of even-aged 

management harvested openings that may be created based on the 

forest type. For the coastal Alaska western hemlock/Sitka spruce forest 

type, the maximum created even-aged management opening size 

allowed is 100 acres. No proposed even-aged management harvest 

3.18.1 National 

Forest 

Management 

Act 
3 Environment and Effects

226 • Chapter 3 Kuiu Timber Sale FEIS 

units in the Kuiu Timber Sale Area would result in openings greater 

than 100 acres. During layout of the unit, if changes are made to the 

boundary a change analysis must be done. The change analysis 

includes mapping and documenting the actual layout and rationale for 

those changes. No change that may lead to units with even-aged 

opening sizes over 100 acres would be approved. 

3.18.2.1 Forest Service Transportation; Final Administrative 

Policy 

The Tongass National Forest has prepared the Kuiu Timber Sale Final 

EIS to be consistent with the Forest Service Transportation; Final 

Administrative Policy (Roads Rule). 

None of the action alternatives are anticipated to have a direct, 

indirect, or cumulative effect on any threatened or endangered species 

in the Kuiu Timber Sale Area or elsewhere. The National Marine 

Fisheries Service and the U.S. Fish and Wildlife Service have been 

consulted. No terrestrial threatened or endangered species are known 

to occur within the Kuiu Timber Sale Area. A Biological Evaluation is 

included in the planning record. 

Management activities are restricted within 330 feet of an eagle nest 

site by a Memorandum of Understanding (MOU) between the Forest 

Service and the U.S. Fish and Wildlife Service. None of the action 

alternatives is anticipated to have a significant direct, indirect, or 

cumulative effect on any bald eagle habitat. If the nest at the Rowan 

Bay LTF is active or any other nests are found that may be affected, 

the MOU and Forest Plan Standards and Guidelines would be 

followed. 

Harvest units were designed and located to maintain a minimum 100-

foot buffer zone for all Class I streams and Class II streams that flow 

directly into Class I streams as required in Section 103 of the TTRA. 

As discussed in Appendix B, the actual widths of these buffer strips 

are often greater than the 100-foot minimum. The design and 

implementation direction incorporates Best Management Practices 

(BMPs) for the protection of all stream classes. If an action alternative 

is selected, the timber from this proposed project would provide part of 

the timber supply to the Tongass National Forest’s program to seek to 

meet market demand. 

Heritage resource surveys of various intensities have been conducted 

in the Kuiu Timber Sale Area, following inventory protocols approved 

by the Alaska State Historic Preservation Officer. These surveys 

include background and existing literature searches and fieldwork 

complete with subsurface testing. Native communities have been 

contacted, and public comment encouraged. During analysis for this 

project, the Organized Village of Kake, the tribal group culturally 

3.18.2 

Roads Rule 

3.18.3 

Endangered 

Species Act 

3.18.4 Bald 

Eagle 

Protection Act 

3.18.5 Tongass 

Timber Reform 

Act 

3.18.6 National 

Historic 

Preservation 

Act 
 Findings and Disclosures 3

Kuiu Timber Sale FEIS Chapter 3 • 227 

affiliated with the Project Area, was consulted regarding known or 

suspected heritage resources in or near the Project Area. The State 

Historic Preservation Officer has been consulted. 

Forest Plan Karst and Caves Standards and Guidelines are applied to 

areas known or suspected to contain karst resources. Within the 

Project Area there are 6,624 acres of carbonate bedrock. No proposed 

timber harvest, road construction, or quarry development would occur 

on these areas or along the drainages which flow to them. Therefore, 

the action alternatives are not expected to affect any significant karst 

resources. 

A subsistence evaluation was conducted for the alternatives considered 

in detail, in accordance with ANILCA Section 810. The evaluations in 

the Subsistence section of this chapter on abundance and/or 

distribution, access and competition for harvested resources in the 

Kuiu Timber Sale Area, indicate that there would not be a significant 

possibility of a significant restriction to the customary and traditional 

subsistence uses of wildlife, fish and shellfish, marine mammals, other 

foods, or timber resources as a result of this project. However, the 

Forest Plan addressed the long-term consequences on subsistence and 

concluded that there may be a significant possibility of a significant 

restriction to subsistence use of deer in the future due to the combined 

potential effects of projects implementing the Forest Plan and the 

predicted human population growth on the abundance and distribution 

of deer and on competition for deer. Subsistence hearings were held 

during the 45-day public comment period for the EIS. The first hearing 

was in Petersburg on March 16, 2006, in which three people testified, 

and the second hearing was in Kake on March 21, 2006 in which one 

person testified. The hearing testimonies are in the planning record. 

The Magnuson-Stevens Fishery Conservation Act (1996) requires that 

all federal agencies consult with NMFS when any project “may 

adversely affect” essential fish habitat. The Forest Service’s position is 

that harvesting timber near Class I streams and wetlands, and the use 

of the Rowan Bay or Saginaw Bay LTFs may have an adverse affect 

on Essential Fish Habitat. However, by following the standards and 

guidelines in the Forest Plan and implementing the Best Management 

Practices (BMPs), the effects on EFH would be minimized. 

According to the agreement between the National Marine Fisheries 

Service and the USDA Forest Service dated August 25, 2000, this 

Final EIS includes the following: 

• A description of the proposed action 

• An analysis of individual and cumulative effects of the proposed 

action on the essential fish habitat, the managed species, and 

3.18.7 Federal 

Cave 

Resource 

Protection Act 

of 1988 

3.18.8 Alaska 

National 

Interest Lands 

Conservation 

Act (ANILCA)

 

3.18.9 

MagnusonStevens 

Fishery 

Conservation 

Act of 1996

 
3 Environment and Effects

228 • Chapter 3 Kuiu Timber Sale FEIS 

associated species such as major prey species, including affected 

life histories 

• The Forest Service’s views regarding effects on essential fish 

habitat 

• A discussion of proposed mitigation, if applicable 

A copy of the Draft EIS, which included the above assessment, was 

sent to the National Marine Fisheries Service for review. NMFS 

reviewed the Draft EIS and concurred in a letter dated March 20, 2006 

with the Forest Service’s determination that “the Kuiu Timber Sale 

may adversely affect Essential Fish Habitat” with conservation 

recommendations (see the NMFS comment letter and the Forest 

Service response in Appendix C). 

Congress intended the Clean Water Act of 1972 (Public Law 92-500) 

as amended in 1977 (Public Law 95-217) and 1987 (Public Law 100-

4) to protect and improve the quality of water resources and maintain 

their beneficial uses. Section 313 of the Clean Water Act and 

Executive Order 12088 of January 23, 1987 address Federal agency 

compliance and consistency with water pollution control mandates. 

Agencies must be consistent with requirements that apply to "any 

governmental entity” or private person. Compliance is to be in line 

with “all Federal, State, interstate, and local requirements, 

administrative authority, and process and sanctions respecting the 

control and abatement of water pollution.” 

The Clean Water Act (Sections 208 and 319) recognized the need for 

control strategies for nonpoint source pollution. The National 

Nonpoint Source Policy (December 12, 1984), the Forest Service 

Nonpoint Strategy (January 29, 1985), and the USDA Nonpoint 

Source Water Quality Policy (December 5, 1986) provide a protection 

and improvement emphasis for soil and water resources and waterrelated beneficial uses. Soil and water conservation practices (BMPs) 

were recognized as the primary control mechanisms for nonpoint 

source pollution on National Forest System lands. The Environmental 

Protection Agency supports this perspective in their guidance, 

"Nonpoint Source Controls and Water Quality Standards" (August 19, 

1987). 

The Forest Service must apply Best Management Practices that are 

consistent with the Alaska Forest Resources and Practices Regulations 

to achieve Alaska Water Quality Standards. The site-specific 

application of BMPs, with a monitoring and feedback mechanism, is 

the approved strategy for controlling nonpoint source pollution as 

defined by Alaska’s Nonpoint Source Pollution Control Strategy 

(October 2000). In 1997, the State approved the BMPs in the Forest 

Service’s Soil and Water Conservation Handbook (FSH 2509.22, 

3.18.10 Clean 

Water Act 
 Findings and Disclosures 3

Kuiu Timber Sale FEIS Chapter 3 • 229 

October 1996) as consistent with the Alaska Forest Resources and 

Practices Regulations. This Handbook is incorporated into the Tongass 

Land and Resource Management Plan. 

A discharge of dredge or fill material from normal silviculture 

activities, such as harvesting for the production of forest products, is 

exempt from Section 404 permitting requirements in waters of the 

United States, including wetlands (404(f)(1)(A)). Forest roads qualify 

for this exemption only if they are constructed and maintained in 

accordance with Best Management Practices to assure that flow and 

circulation patterns and chemical and biological characteristics of the 

waters are not impaired (404)(f)(1)(E). The BMPs that must be 

followed are specified in 33 CFR 323.4(a). These specific BMPs have 

been incorporated into the Forest Service’s Soil and Water 

Conservation Handbook under BMP 12.5. 

The design of harvest units and proposed roads for this project are in 

accordance with standards and guidelines, and direction contained in 

the Forest Plan, Best Management Practices and applicable Forest 

Service manual and handbook direction. The Unit Cards in Appendix 

B contain specific practices prescribed to prevent or reduce non-point 

sediment sources. Monitoring and evaluation of the implementation 

and effectiveness of Forest Plan standards and guidelines and Best 

Management Practices would occur. Project activities are expected to 

meet all applicable State Water Quality Standards. 

All roads, landings, and rock pits for this project would be constructed 

in accordance with Best Management Practices listed in 33 CFR 

323.4(a). Site specific BMPs are listed on the Unit Cards in Appendix 

B. All roads, landings and rock pits would be designed to minimum 

standards to accommodate timber harvesting and silvicultural 

activities. 

Emissions expected from implementation of any of the action 

alternatives would be of short duration and are not expected to exceed 

State of Alaska Ambient Air Quality Standards (Alaska Administrative 

Code, Title 18, Chapter 50). 

The Coastal Zone Management Act of 1972 (CZMA), while 

specifically excluding federal lands from the coastal zone, requires that 

a federal agency’s activities be consistent with the enforceable 

standards of a state’s coastal management program to the maximum 

extent feasible when the agency’s activities affect the coastal zone. 

The State of Alaska developed the Alaska Coastal Management Plan 

(ACMP) in 1977 to evaluate any projects within the coastal zone. 

The enforceable standards for timber harvest activities are found in the 

Alaska Forest Resource and Practices Act of 1993. The standards and 

guidelines for timber management activities in the Kuiu Timber Sale 

3.18.11 

Clean Air Act

 

3.18.12 

Coastal Zone 

Management 

Act and the 

Alaska Coastal 

Zone 

Management 

Program 

(ACMP) 
3 Environment and Effects

230 • Chapter 3 Kuiu Timber Sale FEIS 

Area meet or exceed the standards in the State Forest Resources and 

Practices Act. 

A Memorandum of Understanding specifies ACMP review procedures 

between the Forest Service and the State of Alaska. The State agencies 

involved are the Department of Fish and Game, the Department of 

Natural Resources, and the Department of Environmental 

Conservation. This memorandum serves to describe the process and 

expedite the review of whether a proposed project is consistent with 

the Alaska Coastal Management Program. 

The Forest Service developed the Proposed Action and alternatives to 

the Proposed Action to be consistent, to the maximum extent feasible, 

with the enforceable policies of approved State management programs. 

The Forest Service has determined that all the alternatives for the Kuiu 

Timber Sale Area are consistent, to the maximum extent feasible, with 

the Alaska Coastal Management Program, as outlined in the 

Memorandum of Understanding. 

The formal ACMP consistency review process for this project was 

initiated upon publication of the Draft EIS. The Alaska Department of 

Natural Resources Office of Project Management and Permitting 

coordinated a review of the Draft EIS and responded with a letter 

dated April 26, 2006 in which they concurred with the determination 

submitted by the Forest Service that “the project is consistent with 

ACMP and affected coastal district’s enforceable policies, to the 

maximum extent practicable. (See the NMFS comment letter and the 

Forest Service response in Appendix C). 

The Alaska Forest Resources and Practices Act (1993) affects National 

Forest management through its relationship to the ACMP and the 

CZMA. 

This Act is the standard used for evaluating timber harvest activities 

on federal lands for purposes of determining consistency to the 

maximum extent practicable with the ACMP. The Act recognizes that 

consistency is attainable for timber harvest on federal land using 

procedures different from those required by the Act or its 

implementing regulations. 

Executive Order 11593 directs federal agencies to provide leadership 

in preserving, restoring and maintaining the historic and cultural 

environment of the Nation. The work accomplished in accordance with 

Section 106 of the National Historic Preservation Act for the Kuiu 

Timber Sale Area meets the intent of this Executive Order. 

The Heritage Resource Report in the planning record discusses the 

cultural environment of the area and addresses the Forest Service’s 

responsibilities according to historic preservation laws and regulations. 

3.18.13 

Alaska Forest 

Resources and 

Practices Act 

3.18.14 

Executive 

Order 11593

 
 Findings and Disclosures 3

Kuiu Timber Sale FEIS Chapter 3 • 231 

There are no known historic properties (cultural resources) within the 

area of potential effect. Native traditional values were considered, 

particularly those associated with subsistence use of the Project Area. 

Our analysis shows that native populations are not likely to be 

disproportionately impacted under any alternative. 

Executive Order 11988 directs federal agencies to take action to avoid, 

to the extent possible, the long and short-term adverse impacts 

associated with the occupancy and modification of floodplains. A 

floodplain is defined as the lowland and relatively flat areas adjoining 

inland and coastal waters including flood prone areas of offshore 

islands, including at a minimum that area subject to a one percent or 

greater chance of flooding in any given year. 

Forest Plan standards and guidelines for riparian areas exclude most 

commercial timber harvesting from floodplains. Roads may be 

constructed in or through floodplains subject to the design 

requirements of Best Management Practices. Effects on floodplains 

from project activities have been avoided or minimized as much as 

possible. 

Executive Order 11990 requires federal agencies to avoid, to the extent 

possible, the long-term and short-term adverse impacts associated with 

the destruction or modification of wetlands. 

This project avoids impacting wetlands whenever practicable, but it is 

not feasible to avoid all wetland areas. Effects would be minimized by 

avoiding the use of wetlands as sites for overburden disposal, avoiding 

temporary road construction through wetlands whenever practicable, 

and by decommissioning new temporary roads after timber harvest. 

Implementation of BMPs, minimizing ditching, and providing 

adequate cross drainage would also help minimize the amount of 

wetlands affected. 

In certain instances, crossing a wetland area can reduce the overall 

environmental impacts of a particular road because it facilitates 

avoidance of steep slopes and alignment of roads perpendicular to 

stream crossings. The Kuiu Timber Sale Area action alternatives 

propose up to 2.8 miles of temporary road construction across 

wetlands. 

To reduce any road impacts to the hydrology at these sites, frequent 

road cross-drains would be constructed. To avoid artificial interception 

of water by roads, free-draining, coarse-textured rock would be used in 

road foundations, and installation of an adequate size and number of 

culverts would be required. Drainage structures would be removed on 

all temporary roads. 

3.18.15 

Executive 

Order 11988 

3.18.16 

Executive 

Order 11990 
3 Environment and Effects

232 • Chapter 3 Kuiu Timber Sale FEIS 

As required by law Executive Order 12898, all federal actions consider 

potentially disproportionate effects on minority or low-income 

communities. Where possible, measures should be taken to avoid 

impact to these communities or mitigate the adverse effects. Potential 

impacts or changes to low-income or minority communities in the 

Project Area, due to the proposed action, were considered. 

Kake, though not within the Project Area, is nearby, and its residents 

have a long history of using the Project Area. Kake’s population is 

about 75 percent Native and has been considered in the analysis of the 

proposed alternatives for disproportionate impacts. Several public 

meetings were held in Kake to assist people in understanding the 

alternatives and how issues were addressed. Some of the concerns 

voiced were that the declining economy of Kake has increased the 

community’s reliance on subsistence and they are concerned that the 

Kuiu Timber Sale may reduce the availability of deer and salmon on 

and around Kuiu Island. The proposed project would not worsen the 

economy nor would it reduce the availability of subsistence deer or 

salmon (see the Issue 2 – Deer Habitat and Subsistence Use section in 

this chapter). 

Implementation of the action alternatives for the Kuiu Timber Sale 

Area would not cause adverse health, social, or environmental effects 

that disproportionately impact minority and low-income populations. 

See also the ANILCA Section 810 findings. 

Executive Order 12962 directs Federal agencies to conserve, restore, 

and enhance aquatic systems to provide for increased recreational 

fishing opportunities nationwide. Section 1 of the Executive Order is 

most pertinent to the Kuiu Timber Sale Area. Section 1 directs Federal 

agencies to evaluate effects on aquatic ecosystems and recreational 

fisheries, develop and encourage partnerships, promote restoration, 

provide access, and promote awareness of opportunities for 

recreational fishery resources. 

The effects of this project on freshwater and marine resources were 

evaluated during the analysis. With the application of Forest Plan 

standards and guidelines, including those for riparian areas, no 

significant adverse effects to freshwater or marine resources are 

expected to occur. 

Partnerships continue to be used to leverage federal project funds to 

address water quality concerns in areas of the Tongass National Forest, 

although none have been proposed for recreational fisheries in 

conjunction with this project. 

3.18.17 

Executive 

Order 12898 

3.18.18 

Executive 

Order 12962 
 Findings and Disclosures 3

Kuiu Timber Sale FEIS Chapter 3 • 233 

Executive Order 13007 directs federal agencies to accommodate 

access to and ceremonial use of American Indian sacred sites by 

Indian religious practitioners and to avoid adversely affecting the 

physical integrity of such sacred sites. There are no known sacred 

Indian sites in the Kuiu Timber Sale Area. Consultation with local 

federally recognized tribes, including the Organized Village of Kake, 

Petersburg Indian Association, Tlingit/Haida Central Council, and 

Sealaska Corporation occurred during the analysis of this project. 

Executive Order 13186 directs federal agencies to evaluate the effects 

of actions and agency plans on migratory birds, with emphasis on 

species of concern. The sections on Wildlife and Threatened and 

Endangered Species in this chapter provide information on anticipated 

effects to selected bird species in the Project Area. None of the 

proposed activities are expected to have a measurable negative effect 

on migratory bird populations, although individuals or small groups 

and their nests may be affected. 

3.18.19 

Executive 

Order 13007 

3.18.20 

Executive 

Order 13186 
3 Environment and Effects

234 • Chapter 3 Kuiu Timber Sale FEIS 

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