Morrison

These appeals relate to two timber sales, and raise questions under the Alaska National Interest Lands Conservation Act (ANIL-CA), and the National Historic Preservation Act (NHPA).

Facts.

The Forest Service gave notice of its intent to conduct timber sales in the Tongass National Forest in Southeast Alaska. 58 Fed. Reg. 21559 -01, 37458-01 (1993). Two sales were proposed, called the Northwest Baranof and Eight Fathom, on Baranof Island north of Sitka, and on Chichagof Island around Hoonah.

The timber sales were planned pursuant to the Tongass Timber Reform Act, 16 U.S.C. § 539d. This federal law speaks not to all national forests but only to one, the Tongass National Forest in Southeast Alaska. It commands the Secretary of Agriculture to sell enough wood from the Tongass National Forest, subject to certain qualifications, to satisfy market demand:

16 U.S.C. § 539d(a).

Final Environmental Impact Statements were published in February, 1996 for the Northwest Baranof project, and in May, 1996 for the Eight Fathom project.

Hoonah Indian Association and Sitka Tribe brought this lawsuit and now appeal. Hoo-nah is among Alaska’s larger villages, about 800 people, and Sitka is among…