[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)] [Notices] [Pages 68285-68287] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-32926] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Preparation of a joint Environmental Impact Statement / Environmental Impact Report for Federal and State Actions Associated with Furthering the Purposes of the September 28, 1996, Agreement Between the United States, State of California, and MAXXAM, Inc. and its Subsidiary, Pacific Lumber Company AGENCY: Fish and Wildlife Service, Interior. (Lead Agency) Cooperating Agencies: National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce. Environmental Protection Agency Forest Service, Agriculture Bureau of Land Management, Interior California State Resources Agency California State Department of Forestry and Fire Protection California State Department of Fish and Game ACTION: Notice of intent. ----------------------------------------------------------------------- SUMMARY: This notice advises the public that the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively ``the Services''), Environmental Protection Agency (EPA), U.S. Bureau of Land Management (BLM), U.S. Forest Service (USFS), and California Resources Agency (Agency), California Department of Forestry and Fire Protection (CDF), and California Department of Fish and Game (CDFG) intend to gather information necessary for the preparation of an Environmental Impact Statement (EIS)/ Environmental Impact Report (EIR). The EIS/EIR will consider the Federal and State actions associated with the September 28, 1996 agreement, (agreement) namely: (1) Transfer of the Headwaters Forest and the Elk Head Forest and adjacent forest lands, totaling approximately 7,500 acres, to the United States and California in exchange for (i) the Elk River Exchange Property (described below), and (ii) property and other consideration from both the United States and California (including cash) having an aggregate fair market value of $300 million; (2) Acquisition by the United States and California of the approximately 9,600-acre Elk River Timber Company property through exchange for up to 10,000 acres of National Forest System lands in the Eldorado, Plumas, Stanislaus, and Tahoe National Forests or other considerations; (3) Transfer of approximately 7,775 acres of the Elk River Timber Lands (the Elk River Exchanged Property) to the Pacific Lumber Company and its parent MAXXAM, Inc. in return for acquisition of the Headwaters Forest and Elk Head Forest; with the remaining approximately 1,825 acres of the Elk River Timber lands becoming part of the Headwaters-Elk Head Reserve; (4) Issuance of an incidental take permit under the Endangered Species Act (Act) by the Services in anticipation of a permit application by The Pacific Lumber Company (a subsidiary of MAXXAM, Inc.) to take federally listed species and requesting assurances regarding other species occurring or potentially occurring on the remaining lands of The Pacific Lumber Company, the Elk River Property, and any other timberlands or timber harvesting rights acquired by Pacific Lumber and its parent MAXXAM, Inc. as a result of the above described transactions; and (5) Approval of The Pacific Lumber Company's Sustained Yield Plan (SYP) by CDF including consideration of conservation measures or plans addressing State-listed species. The EIS/EIR will also consider any actions by other Federal or State agencies that are necessary or appropriate to perform the agreement. This notice is being furnished pursuant to the Council on Environmental Quality Regulations for Implementing The Procedural Provisions of the National Environmental Policy Act (NEPA) Regulations (40 CFR sections 1501.7 and 1508.22) to obtain suggestions and information from other agencies and the public on the scope of issues and alternatives to be considered in preparation of the EIS. To satisfy both Federal and State environmental policy act requirements, the above Federal agencies and California agencies are conducting a joint scoping process for the preparation of environmental documents. In order to expedite the planning process, the above agencies request all scoping [[Page 68286]] comments to this notice be received by February 10, 1997. DATES: As an opportunity for interested persons to comment on the scope of the EIS, public scoping meetings are scheduled as follows:Thursday, January 16, 1997, Oakland Convention Center, West Hall, 550 Tenth Street (at Broadway), Oakland, California Thursday, January 23, 1997, Red Lion Hotel, 3100 Camino del Rio Court, Bakersfield, California Tuesday, January 28, 1997, Red Lion Hotel, 1830 Hilltop Drive, Redding, California Thursday, January 30, 1997, Radisson Hotel, 500 Leisure Lane, Sacramento, California Wednesday, February 5, 1997, Redwood Acres Fairgrounds, Franceschi Hall, 3750 Harris Street, Eureka, California All scoping meetings will be held from 1:00 p.m. to no later than 4:00 p.m., and from 6:00 p.m. to no later than 9:00 p.m. ADDRESS: Comments regarding the scope of the EIS should be addressed to Mr. Bruce Halstead, U.S. Fish and Wildlife Service, 1125 16th Street, Room 209, Arcata, CA 95521-5582. Comments should be received on or before January 31, 1997, at the above address. Written comments may also be sent by facsimile to (707) 822-8136. Comments received will be available for public inspection by appointment during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday) at the above office; please call for an appointment. FOR FURTHER INFORMATION CONTACT: Dennis Mackey, U.S. Fish and Wildlife Service, 911 NE 11th Avenue, Portland, Oregon 97232-4181, Telephone: (503) 231-6241. Specific information regarding the location of the National Forest System lands proposed for exchange may be obtained from Phil Bayles, 630, Sansome Street, San Francisco, CA 94111, (415) 705- 2772. SUPPLEMENTARY INFORMATION: MAXXAM, Inc. and its subsidiary, Pacific Lumber Company own and manage approximately 200,000 acres of commercial forest land in Northern California. Pacific Lumber Company and MAXXAM Corporation signed an agreement on September 28, 1996, with the United States, and the State of California. The agreement calls for transfer of approximately 7,500 acres of private forest lands in the Headwaters and Elk Head forests to State and Federal ownership in exchange for the Elk River Exchange Property and a combination of cash and yet to be determined assets, valued at $300 million. The Federal and State assets currently proposed for exchange include the following, however, it should be noted these may change during the planning process and any changes would be disclosed in the appropriate environmental documents: Approximately 2,967 acres of timber land in Humboldt County, California (estimated to contain 11 million board feet of timber) managed by the BLM, Federal mineral interests in California, managed by BLM, many of which are located in Kern County, Approximately 30 acres of excess land adjacent to Chet Holifield Federal Office in Laguna Niguel, California, Not more than 17,000 acres of National Forest System lands are proposed for exchange to Elk River Timber Company for a portion of the lands known as the Elk River Timber Company property. The 17,000 acres are identified on four National Forests, including 7,000 on the Eldorado National Forest, 2,000 on the Plumas National Forest, 7,000 on the Stanislaus National Forest , and 1,000 on the Tahoe National Forest. The precise acreage that would actually be exchanged will be that amount equaling approximately $30,000,000 in value based on actual appraisal, current at the time of decision. Cash or other valuable considerations up to $30,000,000 in value may be substituted, and Approximately 9,013 acres of State property within the Latour State Forest, 1,100 acres of State agricultural land in San Bernardino County, approximately 1,313 acres (in 18 parcels, 13 of which are less than 40 acres) of State General Surplus property, including the 488- acre California Department of Forestry (CDF) Black Mountain property, 140-acre CDF Deadwood Camp property, and 415-acre Rector Canyon property, 5 parcels approximating 110 acres within the city limits of Eureka, and 25 parcels of surplus Caltrans property (24 of which are less than 10 acres), including the Transbay Bus Terminal. The USFS, pursuant to National Forest Management Act (NFMA) of 1976, and BLM, pursuant to Federal Land Policy and Management Act (FLPMA) of 1976 are agencies authorized to acquire, excess, exchange, and transfer Federal lands and will be the agencies primarily responsible for furthering the federal realty actions. The agreement also calls for the expedited development and submission by Pacific Lumber Company and processing by the Services of an application for an incidental take permit, which would be accompanied by a Habitat Conservation Plan (HCP), pursuant to the provisions of section 10(a)(1)(B) of the Act. Under the terms of the agreement, Pacific Lumber Company is to develop a multi-species habitat conservation plan for forested lands currently within their ownership, as well as other lands which would be acquired by Pacific Lumber under the agreement. It is anticipated that the permit application for incidental take will include the threatened northern spotted owl (Strix occidentalis caurina), the threatened marbled murrelet (Brachyramphus marmoratus marmoratus), the threatened bald eagle (Haliaeetus leucocephalus), and the endangered American peregrine falcon (Falco peregrinus anatum) as well as an agreement covering conservation of unlisted species including the proposed threatened steelhead (Oncorhynchus mykiss) and proposed threatened coho salmon (Oncorhynchus kisutch). Once completed, it is expected that Pacific Lumber Company will submit the HCP as part of the incidental take permit application process, as required under the provisions of section 10(a)(2)(A) of the Act. The Service and NMFS will evaluate the incidental take permit application and associated HCP in accordance with section 10(a)(2)(B) of the Act, and its implementing regulations. The environmental review of the HCP will be conducted in accordance with the Act and the requirements of NEPA and its implementing regulations. A No Action/No Project alternative will be considered consistent with the requirements of NEPA and CEQA. As a cooperating agency EPA will also review the plan for consistency with the provisions of the Clean Water Act. Several streams in watersheds in which Pacific Lumber owns land are listed as water quality limited under Section 303(d) of the Clean Water Act. If feasible, EPA will work with Pacific Lumber Company, sister Federal Agencies, the State, and the public to address water quality issues of these limited waterbodies at the same time the HCP and SYP are developed. As a party to the agreement, the Agency has agreed to the expedited development and submission by Pacific Lumber and processing by the CDF of a Sustained Yield Plan pursuant to the provisions under Article 6.75 of the California Forest Practice Rules including consideration of conservation measures or plans addressing State-listed species under the California Endangered Species Act. Land transactions proposed under the agreement may be subject to the approval of the Eureka City Council, California Transportation Commission, [[Page 68287]] or the State of California legislature. The State-sponsored actions are being reviewed under the California Environmental Quality Act. Dated: December 19, 1996. Michael J. Spear, Regional Director, Region 1, U.S. Fish and Wildlife Service. [FR Doc. 96-32926 Filed 12-26-96; 8:45 am] BILLING CODE 4310-55-P