[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Notices]
[Pages 3678-3680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1583]


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DEPARTMENT OF AGRICULTURE

Forest Service


Cave Rock Management Direction, Lake Tahoe Basin Management Unit 
(LTBMU), Douglas County, NV

AGENCY: Forest Service, USDA.

ACTION: Notice, intent to prepare environmental impact statement.

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SUMMARY: The Forest Service will prepare an environmental impact 
statement (EIS) to establish new management direction for the Cave Rock 
landform and its environs, a nonsignificant amendment to the Lake Tahoe 
Basin Management Unit's (LTBMU's) Land and Resource Management Plan 
(Forest Plan). Cave Rock is an important archaeological and 
ethnographic site that was first determined eligible to the National 
Register of Historic Places in August, 1996, as a ``traditional 
cultural property'' (TCP) stemming from the long association of the 
Washoe people with the site. In October, 1998, the Keeper of the 
National Register formally determined that Cave Rock was not only 
eligible as a TCP, but also as a historic transportation district and 
an archaeological site. Some modern uses of the rock may be adversely 
affecting the setting, feel, and association of the historic districts. 
The Cave Rock management direction will establish

[[Page 3679]]

appropriate uses of the national forest in the Cave Rock vicinity.

DATES: Agencies and the public are invited to participate at any stage 
of the process; however, the Forest Supervisor requests that 
individuals concerned with the scope of the analysis comment by March 
1, 1999.

ADDRESSES: Written comments concerning the Draft EIS should be sent to 
the responsible official, Forest Supervisor, attention: Cave Rock, 
LTBMU, 870 Emerald Bay Road, Suite 1, South Lake Tahoe, California, 
96150. Illustration of the Cave Rock area is available online at http:/
/www.FS.FED.US/R5/TAHOE/GRAPHICS/PRES__ACTIONS/COMMITMENTS/CAVE__ROCK

FOR FURTHER INFORMATION CONTACT: Direct questions concerning the 
proposed action to Lisa O'Daly, Community Planner, at (530) 573-2669 or 
at the above address.
    Decision To Be Made: The decision to be made for this EIS is 
whether to amend the Lake Tahoe Basin Land and Resource Management Plan 
to restrict human activity on the National Forest at Cave Rock in order 
to protect the national Register-eligible heritage resources. If so, to 
what degree should the property be protected and to what level should 
use be restricted?
    Purpose and Need: The proposal's purpose is protect the Cave rock 
heritage resource and regulate uses there in a manner that, consistent 
with mandates and restrictions of law and regulation, preserves the 
physical and spiritual characteristics that make the property eligible 
to the National Register of Historic Places. As a property eligible to 
the National Register, the Forest Service has a responsibility to 
assess the appropriateness of activities occurring at Cave Rock. Action 
is needed at this time because some ongoing activities in the area may 
be adversely affecting the integrity of the National Register-eligible 
properties. In addition, any long-term continuation of existing use 
restrictions require a National Environmental Policy Act decision to 
implement. This EIS will document the Forest Supervisor's planning 
process for taking into account the effects of ongoing activities on 
the historic properties/sacred site.
    Proposed Action: The proposed action includes the following 
elements: Amend the management direction found in the Lake Tahoe Basin 
Management Unit Land and Resource Management Plans' (LTBMU Forest 
Plan's) Roundhill Management Area. This amendment would be considered 
``nonsignificant'' pursuant to the National Forest Management Act 
implementating regulations. Add as management area-specific standard 
and guidelines the following text and clarify the management area map--
    Public Access, including rock climbing, is allowed on the 
National Forest at Cave Rock and will be managed to minimize 
conflicts and impacts to the TCP and other cultural and natural 
resources in the vicinity as follows:

--Manage National Forest lands at Cove Rock using the 
``Maintenance'' management prescription (Prescription #9). This 
prescription applies only minimal management practices to lands that 
provide the scenic backdrop to Lake Tahoe. There will be almost no 
management practices designed to induce additional outputs or 
services.
--Recreation activities, outside the highway easement, will be 
nonmotorized.
--Allow installation of improvements, such as parking, sanitation, 
or access facilities, only for resource protection purposes, not for 
user comfort and convenience. (No such facilities are needed or 
proposed for development on the National Forest in the Cave Rock 
area as this time.)

Manage rock climbing in a manner that reduces the level of its 
effect to the Cave Rock TCP from that identified when the TCP was 
initially determined eligible to the National Register (1996). Some 
of the activities proposed below are required to achieve a baseline 
that will enable the new management direction to be effective.

--All modern graffiti, historic graffiti that does not contribute to 
historic districts, and rock work within the cave will be removed at 
the direction of the Forest Service archaeologist, in cooperation 
with designated representatives of the Washoe Tribe, where doing so 
does not physically damage Cave Rock.

     Prohibit installation of new climbing routes requiring 
placement of additional fixed anchors left in the rock. Prohibit 
climbing using artificial light.
     Eliminate existing routes when they are no longer used 
and where they may cause a rock to fall on the road. Accept the 
assistance offered by local climbers at the 1998 collaboration 
meetings in removing certain routes.
    (a) The initial program of route removal includes: (1) all 
routes to the left (north) of ``Bone Crusher,'' including the route 
which traverses over the top of southbound Highway 50's tunnel and 
``Acapulco,'' (2) ``Trash Dog,'' (3) ``Ton of Bricks,'' and (4) any 
other bolts to the right of ``Asylum'' in the friable rock above 
Highway 50. The rappel anchors at the top of the first pitch of 
Trash Dog should be retained, as they are used to complete the route 
``Pipeline.'' Rappel anchors needed to remove the above-described 
fixed anchors will also be retained.
    (b) Work with the climbing community to camoflage existing 
brightly-colored slings and shiny carabiners to blend with the 
natural colors of the rock. Encourage climbers to replace this 
equipment as routes are used and during voluntary efforts towards 
this purpose. If brightly colored slings remain after six months 
following the official adoption of this new management direction, it 
will be an indicator that the routes are not being used and the 
routes will be removed.
     Bolts and other fixed anchors may only be removed and 
replaced as part of route maintenance activities. In the interest of 
climber safety, the Forest Service will work with the climbing 
community and Washoe Tribe representatives regarding development of 
route maintenance guidelines. When climbers notice that a bolt or 
other fixed anchor has become unsafe, they must submit a written 
plan to the Forest Service requesting permission to replace the 
fixed anchor. The request must include a plan for replacement, 
detailing: the route and location of equipment to be replaced, the 
type of equipment to be replaced and proposed replacement equipment 
(e.g., replace existing shiny bolt with a powder-coated bolt), and 
an explanation of the method of replacement. The Forest Service then 
assesses whether the proposal uses the appropriate technology to 
camoflage equipment, and will either accept the proposal as 
described or make recommendations to the requestor before granting 
permission to replace it. The agency will not second guess 
technology related to climber safety.
     Commercial activities will not be authorized within the 
Cave Rock TCP.

SUPPLEMENTARY INFORMATION: This EIS is being prepared to establish 
management direction to address effects from recreational and other 
activities on a traditional cultural property (TCP) known as Cave Rock. 
Cave Rock was determined eligible to the National Register of Historic 
Places for its association with the history, beliefs, practices, and 
traditions of the Washoe Tribe of California and Nevada. The Forest 
Service came to this determination in 1996, and the Nevada State 
Historic Preservation Officer (SHPO) and Advisory Council on Historic 
preservation concurred on the determination. It was formally determined 
eligible in October 1998 by the Keeper of the National Register, who at 
that time also determined Cave Rock eligible as a historic 
transportation district and archaeological site.
    A series of short-term closure orders prohibiting damage and 
defacement of Cave Rock, specifically including in the definition the 
installation of any new fixed climbing hardware, have been issued since 
May of 1997 by the Forest Supervisor of the LTBMU to address potential 
adverse effects to the historic property.
    Cave Rock is not only a property eligible to the National Register, 
but it is also a sacred site to the Washoe Tribe of California and 
Nevada. Many members of the Washoe Tribe object to human presence at 
Cave Rock and believe that only special people, Washoe spiritual 
elders, should be there. It is an area traditionally avoided

[[Page 3680]]

by other tribal members. In addition, Cave Rock has become recognized 
as a unique rock climbing resource, as its southwest exposure, ready 
access, and magnificent views are valued highly within the climbing 
community. It offers the only high level sport climbing site in the 
Lake Tahoe region and its environs, accessible year-round, and it is 
internationally renown for its overhanging routes of the greatest 
difficulty.
    The LTBMU needs to develop new management direction for that part 
of the National Forest within the Cave Rock area to protect the TCP and 
other historic districts and regulate uses there in a manner that, 
consistent with law and regulation, preserves the physical and 
spiritual characteristics that make the property eligible to the 
National Register of Historic Places. The plan would also provide for 
public access consistent with Federal responsibilities to the Washoe 
Tribe. As a property eligible to the National Register of Historic 
Places, the Forest Service has a responsibility to assess the 
appropriateness of activities occurring at Cave Rock. Section 106 of 
the National Historic Preservation Act (NHPA) requires agencies to 
``take into account'' the effects of their actions on historic 
properties, and to allow the Advisory Council on Historic Preservation 
to comment on those actions.
    The ``no action'' alternative would allow continuation of current 
management direction following the expiration of the current closure 
order in December 1998. The types of activities conducted on Cave Rock 
in recent years would continue without Forest Service interference or 
regulation. Expiration of the current closure order would enable 
climbers to install new bolts to create new routes.
    Any additional alternatives to be considered, either in detail or 
eliminated from detailed study, would be created in response to 
significant issues raised during the public scoping process. The Forest 
Service conducted six months of collaboration meetings with 
stakeholders between January and May, 1998. Through these meetings, the 
following concerns were identified:
    Cave Rock is a Washoe sacred site--a church--that should be 
designated a National Monument and not allowed to be defaced and 
devalued by rock climbing. Climbers at Cave Rock are an objectionable 
example of the Washoe Tribe being excluded from the Tahoe Basin and 
their heritage. Climbers should climb elsewhere. Graffiti and concrete 
in the cave should be removed. Even further, that all use of Cave Rock 
should be prohibited in honor of the Washoe tradition of avoidance of 
the area except by those special Washoe spiritual leaders who are 
``born to Cave Rock.'' Any closure should affect all user groups and 
not single out just one; that all activities desecrate Cave Rock; 
climbing is equal with these other activities. And finally, that Cave 
Rock should be returned to the Washoe Tribe to enable their 
reconnection to the lands that they lost.
    Conversely, additional concerns were raised that Cave Rock is 
public land that should be available to all, to enjoy and learn about 
other cultures, in a way that accommodates the needs of different 
groups; a place where users respect the values of others. if a site is 
designated on the National Register, the Forest Service should ensure 
that the public can visit. Further, some people expressed that the 
highway/highway tunnel have impacted Cave Rock so dramatically that it 
is incorrect to assume that the historic property retains integrity.
    Scoping letters have been sent to all those who expressed an 
interest in the Cave Rock planning process since 1996. The mailing list 
includes over 140 individuals and agencies. The scoping letter will 
also be posed in the LTBMU Web Page. Government-to-government 
consultation is continuing with the Washoe Tribe. A drop-in public 
workshop, to be announced in the Tahoe Daily Tribune and in the scoping 
letter, will be held on February 25, 1999, at the Kahle Community 
Center (236 Kingsbury Grade in Stateline, Nevada) between the hours of 
3:00 pm and 7:30 pm. Written comments and suggestions postmarked by 
March 1, 1999, as well as any oral comments received, will be addressed 
in the draft EIS.
    Implementation of the management proposal would not require any 
permits or licenses from any other agency. Consultation with the Nevada 
State Historic Preservation Office (SHPO) and the Advisory Council on 
Historic Preservation (ACHP) in accordance with the National Historic 
Preservation Act of 1966 (16 U.S.C. 470 et seq.) is required. 
Preliminary consultation has already occurred with the U.S. Fish and 
Wildlife Service.
    The decision will be made by Lake Tahoe Basin Management Unit 
Forest Supervisor, as the Forest Service is the lead agency under NEPA. 
There is no other joint lead agency nor cooperating agencies under 
NEPA.
    The draft EIS is anticipated to be filed with the Environmental 
Protection Agency and made available to the public for comment in June, 
1999. The final EIS and its Record of Decision is expected in October, 
1999. The decision will be appealable under Forest Service regulations 
found at 36 CFR 217.
    The comment period for the draft EIS will be at least 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 EIS's 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 after completion of the final EIS may be waived or 
dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 
(9th Circuit, 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 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 statement. 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.

    Dated: January 13, 1999.
Juan Palma,
Forest Supervisor.
[FR Doc. 99-1583 Filed 1-22-99; 8:45 am]
BILLING CODE 3410-11-M