[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Notices]
[Page 43501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21544]
========================================================================
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.
========================================================================
Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 /
Notices
[[Page 43501]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Control Lake Timber Harvest
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent to prepare a Supplement to the Draft
Environmental Impact Statement.
-----------------------------------------------------------------------
SUMMARY: The Tongass National Forest-Ketchikan Area will prepare a
Supplement to the Control Lake Draft Environmental Impact Statement
(DEIS). The Supplement will address several changed conditions
including; a) the closure of the Ketchikan Pulp Mill, b) that timber
would no longer be offered to Ketchikan Pulp Company under its long
term timber sale contract with the Forest Service, and c) issuance of
the Revised Tongass National Forest Land Management Plan. The
Supplement will also address public comments received on the Control
Lake DEIS.
FOR FURTHER INFORMATION CONTACT:
Questions about the project can be directed to: Forest Supervisor,
Tongass NF-Ketchikan Area, Attn: Control Lake SDEIS, Federal Building,
Ketchikan, AK 99901.
SUPPLEMENTARY INFORMATION: The Supplemental DEIS is expected to be
available to the public during the Fall of 1997. The comment period on
the Supplement 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 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,
553, (1978). Environmental objections that could have been raised at
the draft environmental impact statement stage may be waived or
dismissed by the courts. City of Angoon v. Hodel, 803 F.2nd 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 of the proposed action, comments on the Supplement to 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
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 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.
Permits: Permits required for implementation include the following:
1. U.S. Army Corp of Engineers
--Approval of discharge of dredged or fill material into the waters of
the United States under Section 404 of the Clean Water Act;
--Approval of the construction of structures or work in navigable
waters of the United States under Section 10 of the Rivers and Harbors
Act of 1899;
2. Environmental Protection Agency
--National Pollutant Discharge Elimination System (402) Permit;
--Review Spill Prevention Control and Countermeasure Plan;
3. State of Alaska, Department of Natural Resources
--Tideland Permit and Lease or Easement;
4. State of Alaska, Department of Environmental Conservation
--Solid Waste Disposal Permit;
--Certification of Compliance with Alaska Water Quality Standards (401
Certification)
RESPONSIBLE OFFICIAL: Bradley E. Powell, Forest Supervisor, Ketchikan
Area, Tongass National Forest, Federal Building, Ketchikan, Alaska
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: July 25, 1997.
Bradley E. Powell,
Forest Supervisor.
[FR Doc. 97-21544 Filed 8-13-97; 8:45 am]
BILLING CODE 3410-11-M
