[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Notices]
[Pages 9305-9307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4645]


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DEPARTMENT OF AGRICULTURE

Forest Service


Middle Fork John Day Range Planning on the Long Creek/Bear Valley 
and Prairie City Ranger Districts, Malheur National Forest, Grant 
County, Oregon

AGENCY: Forest Service, USDA.

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

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SUMMARY: The USDA, Forest Service, will prepare an environmental impact 
statement (EIS) to update range management planning on 8 livestock 
(cattle and horse) grazing allotments and three (3) administrative use 
pastures which will result in the development of new Allotment 
Management Plans (AMPs). The allotments are called Austin, Bear Creek, 
Camp Creek, Lower Middle Fork, Elk, Blue Mountain, Upper Middle Fork on 
the Long Creek/Bear Valley Ranger District, and Sullens on the Prairie 
City Ranger District of the Malheur National Forest. The administrative 
use pastures are called Sunshine, Bear Creek and Blue Mountain. The 
range planning area is located approximately 20 to 25 air miles north 
and east of John Day, Oregon. The allotments, combined, are called the 
Middle Fork John Day Range Planning Area. Small portions of the 
Umatilla and Wallowa-Whitman National Forest System lands that are 
within the allotments, will also be considered in the proposal. 
Management actions are planned to be implemented beginning in the year 
2000. The agency gives notice of the full environmental analysis and 
decision-making process that will occur on the proposal so that 
interested

[[Page 9306]]

and affected people may become aware of how they may participate in the 
process and contribute to the final decision.

DATES: Comments concerning the scope of the analysis should be received 
in writing by March 26, 1999.

ADDRESSES: Send written comments and suggestions concerning this 
proposal to F. Carl Pence, Forest Supervisor, Malheur National Forest, 
P.O. Box 909, John Day, Oregon 97845.

FOR FURTHER INFORMATION: Direct questions about the proposed action and 
EIS to Paul Bridges, Interdisciplinary Team Leader, Wallowa-Whitman 
National Forest, Baker Ranger District, 3165 10th Street, Baker City, 
Oregon 97814, phone (541) 523-1950.

SUPPLEMENTARY INFORMATION: The proposed action is to continue to permit 
livestock grazing on National Forest System lands. The proposed action 
is designed to continue the improving trends in vegetation, watershed 
conditions, and in ecological sustainability relative to livestock 
grazing within the eight allotments of the Middle Fork John Day, Galena 
and Camp Creek Watersheds. The action is needed to develop new AMPs 
which incorporate results of recent scientific research, analysis and 
documentation at the sub-basin level.
    The Malheur Forest Plan as amended, recognized the continuing need 
for forage production from the Forest and recognized the eight 
allotments of the Middle Fork John Day, Galena and Camp Creek 
watersheds as containing lands which are capable and suitable for 
grazing by domestic livestock. This action is needed to continue this 
historic use.
    The eight allotments encompass approximately 185,886 acres of 
National Forest System lands, with Bureau of Land Management (BLM) and 
private land included in some allotments. Forest Plan Management Areas 
(MAs) include MA1 (general forest), MA2 (rangeland), MA3 (riparian 
zones), MA4 (big game winter range maintenance), MA7 (scenic area), 
MA13 (dedicated/replacement old growth), MA14 (visual corridors), MA19 
(administrative sites) and MA21 (wildlife emphasis area with non-
scheduled timber harvest). The administrative pastures make up 
approximately 490 acres.
    Four species of anadromous and resident salmonid fish species 
inhabit the Middle Fork John Day Range Planning Area for all or part of 
their life history. Both resident and/or anadromous forms of inland 
redband trout/summer steelhead, fluvial and resident bull trout, spring 
chinook salmon, summer steelhead and mountain whitefish are found 
within the watershed. Two of these species are listed under the 
Endangered Species Act, the bull trout are threatened, and the summer 
steelhead are proposed to be listed as threatened. Spring chinook 
salmon are regionally listed as sensitive. The planning area contains 
habitat for two listed animal species, American peregrine falcon 
(endangered) and northern bald eagle (threatened), and one proposed 
species, North American lynx. Habitat for many other wildlife species 
including management indicator species (MIS) is also present in the 
planning area. These species include California wolverine, North 
American lynx, Rocky Mountain elk, marten, pileated woodpecker, and 
goshawk. Since 1992, mitigations associated with the Endangered Species 
Act and other issues, have addressed many of the areas of past concern 
on allotments within this planning area.
    Preliminary issues include: (1) The effects of livestock grazing on 
riparian conditions (including water quality, water temperature and 
stream bank stability); (2) the ability to maintain ecological 
sustainability and continue watershed restoration with continued 
livestock grazing; (3) the effects of livestock grazing on threatened, 
endangered, proposed, or sensitive (TES) species; and (4) the effects 
of no grazing or reduced grazing on the local economy.
    A detailed public involvement plan has been developed, and an 
interdisciplinary team has been selected to do the environmental 
analysis, prepare and accomplish scoping and public involvement 
activities.
    The proposed action is intended to provide the analysis needed to 
prepare new AMPs that meet all the Forest Plan amended requirements of 
Interim strategies for managing Pacific anadromous fish-producing 
watersheds in eastern Oregon and Washington, Idaho, and portions of 
California (PACFISH), Inland Native Strategies for Managing Fish-
producing Watersheds in Eastern Oregon and Washington, Idaho, Western 
Montana, and Portions of Nevada (INFISH), and are consistent with the 
scientific findings of the Interior Columbia Basin Ecosystem Management 
Program (ICBEMP). Consultation with the National Marine Fisheries 
Service and the U.S. Fish and Wildlife Service, as required under the 
ESA, will be completed for all proposed activities.
    Public involvement will be especially important at several points 
during the analysis, beginning with the scoping process. The Forest 
Service will be consulting with Indian Tribes and seeking information, 
comments, and assistance from Federal, State, local agencies, tribes, 
and other individuals or organizations who may be interested in or 
affected by the proposals. The scoping process includes:
    1. Identifying and clarifying issues.
    2. Identifying key issues to be analyzed in depth.
    3. Exploring alternatives based on themes which will be derived 
from issues recognized during scoping activities.
    4. Identifying potential environmental effects of the proposals and 
alternatives (i.e., direct, indirect, and cumulative effects and 
connected actions).
    5. Determining potential cooperating agencies and task assignments.
    6. Developing a list of interested people to keep apprised of 
opportunities to participate through meetings, personal contacts, or 
written comments.
    7. Developing a means of informing the public through the media 
and/or written material (e.g., newsletters, correspondence, etc.).
    Public comments are appreciated throughout the analysis process. 
The draft EIS is expected to be filed with the Environmental Protection 
Agency (EPA) and be available for public review by September 1999. The 
comment period on the draft EIS will be 45 days from the date the EPA 
publishes the notice of availability in the Federal Register. The final 
EIS is scheduled to be available March 2000.
    The Forest Service believes it is important to give reviewers 
notice of this early stage of public participation and of several court 
rulings related to public participation in the environmental review 
process. First, reviewers of a draft EIS 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 have been raised 
at the draft stage may be waived or dismissed by the court if not 
raised until after completion of the final EIS. City of Angoon v. 
Hodel, 803 f.2d 1016, 1022 (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 very important that those interested in this 
proposed action participate by the close of the 45-day comment period 
so substantive comments and objections are made available to the Forest 
Service at a time when it can meaningfully consider and respond to them 
in the final EIS.

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    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.)
    In the final EIS, the Forest Service is required to respond to 
substantive comments and response received during the comment period 
that pertain to the environmental consequences discussed in the draft 
EIS and applicable laws, regulations, and policies considered in making 
a decision regarding the proposal.
    The Responsible Official is F. Carl Pence, Forest Supervisor for 
the Malheur National Forest. The Responsible Official will document the 
decision and rationale for the decision in the Record of Decision. That 
decision will be subject to appeal under 36 CFR Part 215.

    Dated: February 12, 1999.
F. Carl Pence,
Forest Supervisor, Malheur National Forest.
[FR Doc. 99-4645 Filed 2-24-99; 8:45 am]
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