83 FR 44252 - Roadless Area Conservation; National Forest System Lands in Alaska

DEPARTMENT OF AGRICULTURE
Forest Service

Federal Register Volume 83, Issue 169 (August 30, 2018)

The U.S. Department of Agriculture (USDA) is initiating an environmental impact statement (EIS) and public rulemaking process to address the management of inventoried roadless areas on the Tongass National Forest within the State of Alaska. This rulemaking is the result of a petition submitted by Governor Bill Walker's administration in January 2018 on behalf of the State of Alaska, pursuant to the Administrative Procedures Act. The petition was accepted by the Secretary of Agriculture in April 2018. The intent is to evaluate the regulatory exemption set forth in the petition, as well as to evaluate other management solutions that address infrastructure, timber, energy, mining, access, and transportation needs to further Alaska's economic development, while still conserving roadless areas for future generations.

[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Proposed Rules]
[Pages 44252-44253]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18937]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 294


Roadless Area Conservation; National Forest System Lands in 
Alaska

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The U.S. Department of Agriculture (USDA) is initiating an 
environmental impact statement (EIS) and public rulemaking process to 
address the management of inventoried roadless areas on the Tongass 
National Forest within the State of Alaska. This rulemaking is the 
result of a petition submitted by Governor Bill Walker's administration 
in January 2018 on behalf of the State of Alaska, pursuant to the 
Administrative Procedures Act. The petition was accepted by the 
Secretary of Agriculture in April 2018. The intent is to evaluate the 
regulatory exemption set forth in the petition, as well as to evaluate 
other management solutions that address infrastructure, timber, energy, 
mining, access, and transportation needs to further Alaska's economic 
development, while still conserving roadless areas for future 
generations.

DATES: Comments must be received in writing by October 15, 2018.

ADDRESSES: Comments may be submitted electronically at https://www.fs.usda.gov/project/?project=54511. In addition, written comments 
can be submitted via hard-copy mail to: Alaska Roadless Rule, USDA 
Forest Service, Alaska Region, Ecosystem Planning and Budget Staff, 
P.O. Box 21628, Juneau, Alaska 99802-1628.
    All comments, including names and addresses, are placed in the 
record and are available for public inspection and copying.

FOR FURTHER INFORMATION CONTACT: Ken Tu, Interdisciplinary Team Leader, 
at 303-275-5156 or [email protected]. Individuals using 
telecommunication devices for the deaf (TDD) may call the Federal 
Information Relay Services at 1-800-877-8339 between 8 a.m. and 8 p.m. 
Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: On January 12, 2001, the Department 
promulgated the Roadless Area Conservation Rule (2001 Roadless Rule) 
(66 FR 3244) establishing nationwide prohibitions on timber harvest, 
road construction and road reconstruction within inventoried roadless 
areas, with certain limited exceptions.
    In 2001, the State of Alaska filed a complaint, challenging the 
Department's promulgation of the 2001 Roadless Rule and its application 
in Alaska. The Department and the State of Alaska reached a settlement 
in 2003, and the Department subsequently issued a rule temporarily 
exempting the Tongass National Forest from the Roadless Rule. In 2011, 
a federal court set aside the Tongass Exemption and reinstated the 
Roadless Rule on the Tongass National Forest. The district court's 
ruling was initially reversed by a three-judge panel of the Ninth 
Circuit, but the district court's ruling was ultimately upheld in a 6-5 
en banc ruling in 2015. Consequently, the 2001 Roadless Rule remains in 
effect in Alaska and the Forest Service continues to apply the Rule to 
the Tongass and Chugach National Forests.

Purpose and Need

    In response to the State of Alaska's petition for rulemaking, the 
Department, Forest Service, and State of Alaska agree that the 
controversy surrounding the management of roadless areas on the Tongass 
National Forest may be resolved through state-specific rulemaking. A 
long-term, durable approach to roadless area management is needed that 
accommodates the unique biological, social and economic situation in 
and around the Tongass National Forest. The Tongass National Forest is 
unique from other National Forests in respect to the size of the 
Tongass National Forest; the large percentage of roadless areas that 
comprise the Tongass National Forest; the degree of dependency of local

[[Page 44253]]

communities on federal lands (the Tongass National Forest comprises 
almost 80% of southeast Alaska); as well as Alaska and Tongass National 
Forest-specific statutory considerations (e.g., Alaska National 
Interest Lands Conservation Act (ANILCA), Tongass Timber Reform Act 
(TTRA)).
    The Department and Forest Service believe that current timber 
harvest and road construction/reconstruction restrictions can be 
adjusted for the Tongass National Forest in a manner that meaningfully 
addresses local economic and development concerns while balancing 
roadless area conservation needs.
    The State of Alaska believes that roadless conservation interests 
for the Tongass National Forest can be adequately protected under the 
Tongass Land Management Plan and that the 2001 Roadless Rule 
prohibitions are unnecessary. In addition, the State believes 
application of the 2001 Roadless Rule substantially impacts the social 
and economic fabric of southeast Alaska and violates ANILCA and TTRA.
    In response to the State's petition, commercial and non-profit 
organizations have expressed strong opinions, for and against, the idea 
of a regulatory review.

Proposed Action

    The Department proposes to develop a durable and long-lasting 
regulation for the conservation and management of roadless areas on the 
Tongass National Forest. The state-specific roadless rule would 
establish a land classification system designed to conserve roadless 
area characteristics on the Tongass National Forest while accommodating 
timber harvesting and road construction/reconstruction activities that 
are determined to be needed for forest management, economic development 
opportunities, and the exercise of valid existing rights or other non-
discretionary legal authorities.

Alternatives to the Proposed Action

    The other alternatives being considered at this time are the no-
action alternative, which is the continuation of current management of 
the Tongass National Forest in Alaska in accordance with the 2001 
Roadless Rule, and an alternative that would exempt the Tongass 
National Forest from the provisions of that 2001 Roadless Rule, but 
leave current management under the 2001 Roadless Rule in place on the 
Chugach National Forest.

Cooperating Agencies

    The State of Alaska will participate as a cooperating agency in the 
preparation of the EIS. Federally recognized Tribes within the Tongass 
National Forest have been invited to participate as a cooperating 
agency.

Responsible Official

    The Responsible Official for the rulemaking and EIS is the 
Secretary of Agriculture or his designee.

Decision To Be Made

    The Responsible Official will determine appropriate management 
direction for roadless areas within the State of Alaska, including 
appropriate exceptions to address essential infrastructure, timber, 
energy, mining, access, and transportation systems necessary to further 
Alaska's economic development interests, while at the same time 
conserving roadless areas in Alaska for generations to come.

Scoping Process

    This Notice of Intent initiates the scoping process in compliance 
with the National Environmental Policy Act and its implementing 
regulations (40 CFR part 1500-1508). As part of the scoping period, the 
Forest Service, on behalf of the Department, solicits public comment on 
the nature and scope of the environmental, social, and economic issues 
related to Alaska-specific rulemaking that should be analyzed in depth 
in the Draft EIS.
    Comments collected during scoping of the Alaska-specific rulemaking 
will be used to refine the proposed action, define the scope of the 
analysis, and develop alternatives to the proposed action if needed. 
Public meetings are planned to be held in Juneau (September 13, 2018), 
Ketchikan (September 17, 2018), Hoonah (September 17, 2018), Craig 
(September 18, 2018), Angoon (September 18, 2018), Point Baker/Port 
Protection (September 19, 2018), Wrangell (September 24, 2018), Sitka 
(September 24, 2018), Petersburg (September 25, 2018), Yakutat 
(September 25, 2018), Kake (September 26, 2018), and Anchorage 
(September 26, 2018), and Washington DC (date to be determined). 
Additional information on meeting times and locations will be provided 
through the project website and local media.

Estimated Timeline

    The Draft EIS and proposed rule are estimated to be released in 
early summer 2019. The Final EIS is estimated to be released in spring 
2020, with a final rule expected in June 2020.

    Dated: August 24, 2018.
Christopher B. French,
Acting Deputy Chief.
[FR Doc. 2018-18937 Filed 8-29-18; 8:45 am]
 BILLING CODE 3411-15-P