[Federal Register Volume 70, Number 223 (Monday, November 21, 2005)]
[Notices]
[Pages 70057-70058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22968]


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Notices
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / 
Notices

[[Page 70057]]



DEPARTMENT OF AGRICULTURE

Forest Service


Idaho Panhandle National Forest, Idaho--Supplemental Hidden Cedar 
EIS Project

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a Supplemental Environmental Impact 
Statement.

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SUMMARY: The USDA Forest Service will prepare a Supplemental 
Environmental Impact Statement (SEIS) for the Hidden Cedar Project. The 
Notice of Availability of the Draft EIS for the Hidden Cedar project 
was published Federal Register (66 FR 29799) on June 1, 2001 and the 
notice of the Final EIS (67 FR 47538-47539) was published on July 19, 
2002. The Record of Decision on this project was administratively 
appealed to the Regional Forester per 36 CFR part 215. The Regional 
Forester affirmed my decision on September 27, 2002. However, due to 
information that has been identified since the availability of the 
final EIS and ROD I have determined a need for a supplement. On May 18, 
2005, I withdrew the Record of Decision for the Hidden Cedar project. 
The purpose for the withdrawal was to further address analysis issues 
raised through the recent opinion issued through the U.S. Court of 
Appeals for the Ninth Circuit in Lands Council v. Powell, 395 F.3d 
1015-1046 (9th Cir. 2005).

DATES: Scoping is not required for supplements to environmental impact 
statements (40 CFR 1502.9(c)(4)). There was extensive public 
involvement in the development of the proposed action, the 2001 Draft 
EIS and the 2002 Final EIS and the Forest Service is not inviting 
comments at this time.

ADDRESSES: St. Joe Ranger District, 222 South 7th Street Suite 1, St. 
Maries, Idaho 83861.

FOR FURTHER INFORMATION CONTACT: Pete Ratcliffe--Hidden Cedar 
Supplement Project Team Leader, USDA Forest Service, St. Joe Ranger 
District, 208-245-2531.

SUPPLEMENTARY INFORMATION: The Hidden Cedar ROD was released at the 
same time as the Final EIS and the legal notice of decision was 
published June 29, 2002. The ROD selected alternative F and authorized 
vegetative treatments on approximately 1300 acres through a combination 
of intermediate silvicultural prescriptions and regeneration harvest 
treatments, and an estimated 615 acres of precommercial thinning. 
Approximately 5.3 miles of road construction, 2.0 miles temporary road 
construction, and 4.6 miles of road reconstruction is necessary to 
complete the vegetation treatments. To improve watershed conditions the 
decommissioning of an estimated 37.5 miles of existing roads, planting 
30 acres of riparian habitat, and increasing large woody debris in 1.2 
miles of stream channel was authorized. In accordance with the Alaska 
National Interest Lands Conservation Act (ANILCA) and in order to 
provide access to private/State Lands and maintain roads for 
development and utilization I authorized the construction of 2.4 miles 
of road and the reconstruction of 3.5 miles of road on Forest Service 
administered lands. The Record of Decision was appealed. Following 
administrative review, the decision was affirmed and the appellant's 
requested relief denied by the Appeal Deciding Officer for the Northern 
Region of the USDA Forest Service on September 27, 2002. On April 21, 
2003, Lands Council filed a lawsuit for a temporary restraining order 
and preliminary injunction. In light of the lawsuit the Forest Service 
elected to not proceed with any ground disturbing activities related to 
timber harvesting or road construction. However, large woody debris 
placement, approximately 12 miles of the road decommissioning, and 25 
acres of riparian planting was competed.
    The Supplemental EIS will contain additional information relating 
to past and reasonably foreseeable timber harvest activities, 
particularly on the surrounding private properties, water quality and 
fisheries analysis, soil conditions, stands of old growth trees, and 
wildlife analysis methodologies. The SEIS is intended to provide 
additional evaluation of the natural resources listed above and provide 
that information to the public.
    The purpose and need for the Hidden Cedar project includes 
considerations for vegetation, water quality, fish habitat, wildlife 
security, and access to private lands. The vegetation goal is to manage 
for vegetative conditions that are more suitable to a fire-dependent 
ecosystem and, in the long term, encourage more resilient and 
sustainable forest conditions. This includes reducing stand densities, 
improve stocking levels and growing conditions, promote retention of 
larger sized trees, and improve the species composition and structure 
of selected stands through timber harvest to increase early seral 
species such as western larch and white pine and encourage one and two-
aged stand structures, moving vegetation towards historical conditions. 
The goal for water quality, fish habitat, and wildlife security is to 
address the transportation system for protection of lands and 
resources. The goal for access management is to provide access to 
private lands and maintain roads for forest development and 
utilization.

Responsible Official

    Ranotta K. McNair, Forest Supervisor, Idaho Panhandle National 
Forests, 3815 Schreiber Way, Coeur D'Alene, Idaho 83815.

Comments

    A Draft SEIS is expected to the public for review and comment in 
February 2006; and a Final SEIS in April 2006. The mailing list for 
this project will include those individuals, agencies, and 
organizations on the mailing list for the 2002 Draft Hidden Cedar EIS.
    The comment period on the Draft Supplemental Environmental Impact 
Statement will be 45 days from the date the Environmental Protection 
Agency publishes the Notice of Availability in the Federal Register. In 
accordance with 36 CFR 215.5, as published in the Federal Register, 
Volume 68 no. 107, June 4, 2003, the Draft Supplemental EIS comment 
period will be the designated time in which ``substantive'' comments 
will be considered. In addition, the public is encouraged to contact or 
visit the Forest Service officials during the analysis and prior to the 
decision. The Forest Service will

[[Page 70058]]

continue to seek information, comments, and assistance from Federal, 
Tribal, State, and local agencies and other individuals or 
organizations that may be interested in or affected by the proposed 
actions.
    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 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, 
533 (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 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 supplemental environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft supplemental 
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, including the names and addressees of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.
    The Idaho Panhandle National Forests Supervisor will make a 
decision on the project after considering comments and responses, 
environmental consequences discussed in the Final Supplemental EIS, and 
applicable laws, regulations and policies. The decision and supporting 
reasons will be documented in a Record of Decision.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)

    Dated: November 14, 2005.
Ranotta K. McNair,
Forest Supervisor, Idaho Panhandle National Forests.
[FR Doc. 05-22968 Filed 11-18-05; 8:45am]
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