This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

20368

Vol. 63, No. 79

Friday, April 24, 1998

DEPARTMENT OF AGRICULTURE

Forest Service

East Side Project, McKean, Elk, and

Forest Counties, PA

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an

environmental impact statement.

SUMMARY: The Forest Service will

prepare a Draft Environmental Impact

Statement to disclose the environmental

consequences of the proposed East Side

Project. The Forest Service is proposing

to harvest timber on approximately

8,206 acres of National Forest land

distributed over a 141,000 acre area

located on the eastern half of the

Allegheny National Forest. Forest health

is the driving concern in this project

proposal. Growth loss and mortality are

occurring as a result of extensive insect

defoliation and drought which occurred

from 1991 through 1994.

Reforestation treatments and

commercial timber harvest will be used

in stands which have experienced

considerable tree mortality. Harvest

treatments will consist of clearcuts,

overstory removals, two-age,

shelterwood seed/removals, thinnings,

group selection, individual tree

selections and improvement cuts.

Reforestation treatments will consist of

herbicide application, area fencing,

planting, site preparation and

fertilization. In addition to commercial

timber harvest, the proposed action will

consider approximately 606 acres of

wildlife habitat improvement. These

treatments will consist of creating

openings, planting warm season grasses,

planting shrubs and trees, fencing,

aspen regeneration and pruning. Four

fish structures will also be created.

Additional transportation requirements

for this project include 17.2 miles of

new road construction, 19.5 miles of

road reconstruction (betterment), 53.8

miles of road reconstruction

(restoration) and 7.1 miles of road

obliteration. It is anticipated that 7

existing stone pits and 12 new pits will

be used as a source of material for road

construction and reconstruction.

The Agency invites written comments

and suggestions on the scope and

substance of the analysis and the

environmental impact statement. In

addition, the Agency gives notice that

the environmental impact statement

preparation process will be conducted

so that interested and affected people

are aware of how they may participate

in and contribute to the final decision.

DATES: Comments and suggestions

concerning the scope of the analysis

should be submitted in writing and

postmarked by May 17, 1998, to ensure

timely consideration.

ADDRESSES: Send written comments to

East Side Project, Allegheny National

Forest, 222 Liberty Street, P.O. Box 847,

Warren, PA 16365.

FOR FURTHER INFORMATION CONTACT:

Lois M. DeMarco, Allegheny National

Forest at 814/723–5150 about the

Environmental Impact Statement.

SUPPLEMENTARY INFORMATION: The

Allegheny National Forest Land and

Resource Management Plan, approved

in 1986, provides for the management of

forest resources. Vegetative management

objectives include producing a

sustainable supply of high-quality

sawtimber and wood products,

developing and maintaining a wide

array of wildlife habitats, and providing

a range of recreation settings and

experiences. Specific objectives are

defined for each Management Area.

From 1991 through 1994, a series of

defoliations linked to elm spanworm

and forest tent caterpillar occurred over

a wide area of the northern tier of

Pennsylvania. One or more defoliations

occurred on 374,305 acres of the

Allegheny National Forest. A series of

droughts also occurred in 1988, 1991,

and 1995. In 1994 scattered areas of tree

mortality and decline were observed by

Forest Service personnel. Additional

mortality has resulted in large areas of

the Forest which will not meet the longterm vegetative management objectives

stated in the Forest Plan.

An environmental analysis was

performed in 1996 which was

documented in the Mortality II

Environmental Assessment and

Decision Notice signed on February 5,

1997. The Mortality II Decision and

Environmental Assessment were

litigated. The outcome of the litigation

requires the Forest Service to prepare an

Environmental Impact Statement (with

consideration of a broad range of

reasonable alternatives) and a

reconsideration of the optimality and

appropriateness of even-aged

management decisions within the

project area.

Four additional environmental

analyses were at various stages of

completion when Judge William

Standish of the Third Judicial District

issued a ruling on the Mortality II

litigation. We have reviewed the

requirements of NEPA (40 CFR 1508.25)

to define the scope of the EIS and have

determined that it should include the

areas previously presented as Morality II

and should be expanded to consider

areas previously identified as Thomas

Rock, Coal Mine, Rocket John and

Forest Road (FR) 446.

We reviewed the comments received

on each of the projects now included in

the EIS and have identified the

following preliminary issues: 1. The use

of even-aged vs. uneven-aged

management; and 2. The construction of

additional roads and improvements to

existing roads.

A range of alternatives will be

considered. One of these will consider

No Action for the project area. Another

alternative will consider the use of

uneven-aged management on a broader

scale than does the proposed action.

Issues which are generated through the

scoping process may generate additional

alternatives.

The Draft EIS is expected to be filed

with the Environmental Protection

Agency and to be available for public

review by October 1, 1998. At that time,

the Environmental Protection Agency

will publish a notice of availability of

the draft environmental impact

statement in the Federal Register. The

comment period on the draft will be 45

days from the date the EPA notice

appears in the Federal Register.

It is very important that those

interested in the management of the

Allegheny National Forest participate at

that time. To be most helpful, comments

on the draft environmental impact

statement should be as specific as

possible, and may address the adequacy

of the statement or the merits of the

alternatives discussed (see the Council

on Environmental Quality Regulations
Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 / Notices 20369

(CEQ) for implementing the procedural

provisions of the National

Environmental Policy Act at 40 CFR

1503.3).

The Forest Service believes it is

important to give reviewers notice at

this early stage 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 proposals so that it is

meaningful and alerts an agency to the

reviewers 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 may be waived if not

raised until after completion of the final

environmental impact statement, City of

Angoon v. Hodel, 803 F.2d 1016, 1022

(9th Cir. 1988), 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.

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 CEQ Regulations for

implementing the procedural provisions

of the National Environmental Policy

Act at 40 CFR 1503.3 in addressing

these points). After the comment period

ends on the draft environmental impact

statement, the comments received will

be analyzed and considered by the

Forest Service in preparing the final

environmental impact statement.

The final environmental impact

statement is scheduled to be completed

in February 1999. In the final EIS, the

Forest Service is required to respond to

the comments received (40 CFR 1503.4).

The responsible official will consider

the comments, responses,

environmental consequences discussed

in the environmental impact statement,

and applicable laws, regulations and

policies in making a decision regarding

this proposal. The responsible official

will document the decision and reasons

for the decision in a Record of Decision.

That decision will be subject to appeal

under 36 CFR part 215.

The responsible official is John E.

Palmer, Forest Supervisor, Allegheny

National Forest, 222 Liberty Street, P.O.

Box 847, Warren PA 16365.

Dated: April 16, 1998.

John E. Palmer,

Forest Supervisor.

[FR Doc. 98–10895 Filed 4–23–98; 8:45 am]

BILLING CODE 3410–11–M

DEPARTMENT OF AGRICULTURE

Forest Service

Revised Land and Resource

Management Plans, Boise National

Forest and Payette National Forest,

Idaho. Significant Amendment Land

and Resource Management Plan,

Sawtooth National Forest, Idaho

AGENCY: Forest Service.

ACTION: Notice of intent to prepare an

environmental impact statement in

conjunction with revision of the Land

and Resource Management Plans for the

Boise and Payette National Forests, and

significant amendment to the Land and

Resource Management Plan for the

Sawtooth National Forest located in

Ada, Adams, Blaine, Boise, Camas,

Canyon, Cassia, Custer, Elmore, Gem,

Gooding, Idaho, Jerome, Lincoln,

Minidoka, Owyhee, Payette, Twin Falls,

Valley and Washington Counties, Idaho;

Box Elder County, Utah, and Malheur

County, Oregon.

SUMMARY: The Forest Service will

prepare an Environmental Impact

Statement in conjunction with revision

and significant amendment of its Land

and Resource Management Plans

(hereafter referred to as Forest Plans) for

the Boise, Payette and Sawtooth

National Forests (hereafter referred to as

the Southwest Idaho Ecogroup).

This notice describes the specific

portions of the current Forest Plans to

be revised and amended, environmental

issues considered, estimated dates for

filing the Environmental Impact

Statement, information concerning

public participation, and the names and

addresses of the agency officials who

can provide additional information. The

purpose of the notice is to begin the

scoping phase of public involvement in

the revision and amendment process.

DATES: Comments concerning the scope

of analysis should be received in writing

by June 24, 1998. The agency expects to

file a Draft Environmental Impact

Statement in the Fall of 1999 and a

Final Environmental Impact Statement

in the Fall of 2000.

ADDRESSES: Send written comments to:

Joey Pearson, Administrative Assistant,

Southwest Idaho Ecogroup Planning

Team, Payette National Forest, P.O. Box

1026, McCall, ID 83638.

FOR FURTHER INFORMATION CONTACT:

Faye Krueger, Planning Team Leader—

Payette National Forest (208) 634–0700;

Jeff Foss, Planning Team Leader—Boise

National Forest (208) 373–4100; or

Sharon LaBrecque, Planning Team

Leader—Sawtooth National Forest (208)

737–3200.

Responsible official: Jack Blackwell,

Intermountain Regional Forester at 324

25th Street, Ogden, UT 84401.

SUPPLEMENTARY INFORMATION: Pursuant

to part 36 Code of Federal Regulations

(CFR) 219.10 (f) and (g), the Regional

Forester for the Intermountain Region

gives notice of the agency’s intent to

prepare an Environmental Impact

Statement for the revision and

significant amendment efforts described

above. According to 36 CFR 219.10(g),

Land and Resource Management Plans

shall ordinarily be revised on a 10 to 15

year cycle. The existing Forest Plan for

the Boise National Forest was approved

on April 27, 1990, the Payette Forest

Plan was approved on May 6, 1988, and

the Sawtooth Forest Plan was approved

on September 16, 1987.

On November 14, 1997, the

Department of the Interior and Related

Agencies Appropriations Act of 1998,

H.R. 2107, was passed. Language in

section 333 of the law specifically

prohibits the expenditure or obligation

of funds for new revisions of national

forest land management plans until new

final or interim final rules for forest plan

revision are published in the Federal

Register. Forests that had formally

published a Notice of Intent to revise

prior to October 1, 1997, or have been

court-ordered to revise are exempt from

this section and may proceed to

complete forest plan revision. The

Payette is under court order (Wilderness

Society, et al. v. U.S. Forest Service, Civ.

No. 94–0193–S–MHW) to complete

Forest Plan revision by December 31,

2000, and thereby meets the exemption

criteria to proceed with revision in

accordance with 36 CFR 219.10(g). The

Boise and Payette Forests were the

subject of the Idaho Sporting Congress

suit (Civ. No. 95–0025–S–BLW). On

September 25, 1996, District Court Judge

B. Lynn Winmill affirmed the Forest

Service in part because the two Forests

had initiated the forest plan revision

process. Judge Winmill’s opinion was

affirmed by the Ninth Circuit Court of

Appeals on August 21, 1997. Judge

Winmill’s decision in the Idaho

Sporting Congress suit meets the intent