[Federal Register Volume 61, Number 204 (Monday, October 21, 1996)]
[Notices]
[Pages 54610-54611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26878]


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DEPARTMENT OF AGRICULTURE

Summit Fire Recovery, Malheur National Forest, Grant County, 
Oregon

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare environmental impact statement.

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SUMMARY: The Forest Service, USDA, will prepare an environmental impact 
statement (EIS) on a proposal to salvage harvest and reforest burned 
timber stands, construct and reconstruct roads, and apply herbicides to 
manage unwanted vegetation. The proposed project will be in compliance 
with the 1990 Malheur National Forest Land and Resource Management Plan 
(Forest Plan), as amended, which provides the overall guidance for 
management of this area. The proposed project is within the Summit Fire 
area which lies within the Middle Fork John Day Watershed on the Long 
Creek Ranger District and will occur in fiscal year 1997. The Malheur 
National Forest invites written comments and suggestions on the scope 
of the analysis. The agency will give notice of the full environmental 
analysis and decision making process on the proposal so interested and 
affected people may participate and contribute in the final decision.

DATES: Comments concerning the scope of the analysis should be received 
in writing by November 20, 1996.

ADDRESSES: Send written comments and suggestions concerning the 
management of this area to John L. Shoberg, District Ranger, P.O. Box 
849, John Day, Oregon 97845.

FOR FURTHER INFORMATION CONTACT: Questions about the proposed project 
and scope of analysis should be directed to: Resource Planner, Robert 
Hammond; P.O. Box 849; John Day, Oregon 97845; phone 541-575-3000.

SUPPLEMENTARY INFORMATION: The proposed action includes: salvage 
harvesting fire killed or dying timber; constructing and reconstructing 
roads; reforestation; and application of herbicides.

[[Page 54611]]

    Salvage sales are proposed within the Middle Fork John Day River 
Watershed on the Long Creek Ranger District. This analysis will 
evaluate a range of alternatives for implementation of the timber 
sales. The area being analyzed is approximately 28,000 acres.
    The salvage sales would be located north of County Road 20 and 
within the Granite Boulder, Ragged Ruby Beaver, Sunshine Dry, Big 
Boulder, Balance Dunston Coyote Horse, Jungle Elk Deep, Bear Hawkins 
Mosquito, and Big subwatersheds. The majority of the salvage harvest 
would be dead or dying timber. The proposed volume for all sales is 
estimated to be approximately 145 million board feet from approximately 
12,000 acres.
    Salvage harvesting is proposed within some Riparian Habitat 
Conservation Area buffers, the former Greenhorn Mountain and Jumpoff 
Joe RARE II areas, and the Vinegar Hill-Indian Rock Scenic Area. No new 
road construction is proposed within these areas. Salvage harvesting is 
also proposed within two dedicated old-growth stands, their 
accompanying replacement old-growth stands, and a Wildlife Emphasis 
Area. The Wildlife Emphasis Area is within the former Jumpoff Joe RARE 
II area.
    Preliminary issues include: effects on former RARE II areas; a 
Scenic Area; anadromous fish; sensitive fish and wildlife species; fuel 
loads; water quality; and timber production.
    A full range of alternatives will be considered, including a no-
action alternative. Issues gathered through scoping may vary action 
alternatives in (1) the amount and location of acres considered for 
treatment; (2) the amount of roads constructed for access; and (3) the 
number, type, and location of other integrated resource projects.
    Scoping process will include: (1) identifying potential issues; (2) 
identifying issues to be analyzed in depth; (3) eliminating 
insignificant issues or those which have been covered by a previous 
environmental analysis; (4) explore additional alternatives; and (5) 
identifying potential environmental effects of the proposed action and 
alternatives (i.e. direct, indirect, and cumulative effects and 
connected actions).
    The Forest Service is seeking information and comments from: other 
Federal, State, and Local agencies; Tribes; organizations; and 
individuals who may be interested in or affected by the proposed 
action. This input will be used in the preparation of the draft EIS.
    Comments will be appreciated throughout the analysis process. The 
draft EIS is to be filed with the Environmental Protection Agency (EPA) 
and will be available for public review by March 1997. The comment 
period on the draft EIS will be 45 days from the date of EPA's Notice 
of Availability appear in the Federal Register. It is important that 
those interested in the management of the Malheur National Forest 
participate at that time.
    The Forest Service believes it is important to give reviewers 
notice, at this early stage, of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft EISs 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). Also, environmental objections 
that could be raised at the draft EIS stage, but that are not raised 
until completion of the final EIS, may be waived or dismissed by the 
courts. City of Angoon v. Hodel,. 803 f. 2d 1016, 1002 (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 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 EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft EIS. Comments may also address 
the adequacy of the draft EIS 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.)
    After the 45 day comment period ends on the draft EIS, the comments 
will be analyzed and considered by the Forest Service in preparing the 
final EIS. The final EIS is scheduled to be completed by July 1997. In 
the final EIS, the Forest Service is required to respond to substantive 
comments received (40 CFR 1503.7). The responsible official, Forest 
Supervisor, F. Carl Pence, will consider the comments, responses, 
environmental consequences discussed in the EIS and applicable laws, 
regulations, and policies in making a decision regarding the project. 
The responsible official will document the Summit Fire Recover Project 
decision and rationale for the decision in the Record of Decision. That 
decision will be subject to review under Forest Service Appeal 
Regulations 36 CFR Part 215.

    Dated: October 11, 1996.
F. Carl Pence,
Forest Supervisor.
[FR Doc. 96-26878 Filed 10-18-96; 8:45 am]
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