[Federal Register Volume 64, Number 63 (Friday, April 2, 1999)]
[Notices]
[Page 15953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8136]



[[Page 15953]]

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DEPARTMENT OF AGRICULTURE

Forest Service


Drew Creek, Diamond Rock, and Divide Cattle Allotments, Tiller 
Ranger District, Umpqua National Forest, Douglas County, OR

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) on a proposal to issue term grazing permits to graze 
three livestock allotments on the Tiller Ranger District. The three 
allotments are called Drew Creek, Diamond Rock, and Divide. The 
proposed action is to issue ten-year term grazing permits to allow 216 
cow/calf pairs to graze on these three allotments. The allotment areas 
are located approximately 35 miles north of Medford, Oregon. If the 
proposed action or another action alternative is selected, activities 
under the selected action are expected to be implemented 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 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 April 30, 1999.

ADDRESSES: Send written comments and suggestions concerning this 
proposal to Jill Dufour, District Ranger, Tiller Ranger District, 27812 
Tiller Trail Highway, Tiller, Oregon 97484.

FOR FURTHER INFORMATION CONTACT: Direct questions about the proposed 
action, allotment areas, or EIS to Wes Yamamoto, Resource Assistant, 
Tiller Ranger District, 27812 Tiller Trail Highway, Tiller, Oregon 
97484, or (541) 825-3201.

SUPPLEMENTARY INFORMATION: The current grazing program on the Tiller 
Ranger District allows 3,953 head months of use on six grazing 
allotments covering approximately 129,350 acres. The proposed action is 
to permit 1,288 head months (HM's) to graze on three allotments 
encompassing approximately 36,230 acres of the Tiller Ranger District. 
Under the proposed action, 90 HM's would be permitted on the Drew Creek 
Allotment, 680 HM's on the Diamond Rock Allotment, and 418 HM's on the 
Divide Allotment.
    This proposal represents a significant decrease in the level of 
grazing from the historical use of the Tiller Ranger District. The 
proposal removes cattle grazing for the majority of sensitive earthflow 
landforms and reduces the season of use for fifty percent of the 
permitted numbers during the fall. The reduced landbase, reduced 
numbers of cattle, and reduced season will allow for a grazing program 
that is consistent with the Aquatic Conservation Strategy (ACS) 
objectives of the Umpqua National Forest Plan, as amended.
    Initial scoping for the preparation of an environmental assessment 
(EA), titled ``Range Permit Reissuance'', began with a notice in the 
Umpqua National Forest's Schedule of Proposed Actions (SOPA) dated 
July, 1995. The scoping conducted since that initial notice includes an 
open house for the community (September 12, 1996), numerous meetings 
with permittees beginning in 1996, field trips with the public and 
specialists, and a press release to the media in 1998. Discussion of 
the grazing issue with subject matter experts, including 
representatives from the Oregon State University Extension Service, the 
National Marine Fisheries Service, and the U.S. Fish and Wildlife 
Service, has been occurring since 1996. This extensive scoping has 
identified a number of issues, alternatives, and environmental effects 
that will facilitate preparation of the draft EIS.
    Preliminary issues identified to date include potential effects to 
unique characteristics of the geographic area, endangered and 
threatened species and their habitats, and the significant incremental 
economic impact that this proposal would have to a small, economically-
depressed rural community. These preliminary issues demonstrate to the 
decisionmaker that this proposal has potential to have significant 
effects on the human environment. Preliminary discussions have also 
produced scientific controversy pertaining to interpretations of the 
Aquatic Conservation Strategy in the 1994 Northwest Forest Plan. Based 
on all of above, the Responsible Official has determined that it is 
appropriate to proceed with an environmental impact statement.
    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 July, 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 in October, 1999.
    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.
    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 of 
40 CFR 1503.3 in addressing these points.)
    In the final EIS, the Forest Service is required to respond to 
substantive comments and responses 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 Don 
Ostby, Forest Supervisor for the Umpqua National Forest. The 
Responsible Official will document the decision and rationale for the 
decision in a Record of Decision. That decision will be subject to 
appeal under 36 CFR Part 215.

    Dated: March 24, 1999.
Bernie Rios,
Acting Forest Supervisor.
[FR Doc. 99-8136 Filed 4-1-99; 8:45 am]
BILLING CODE 3410-11-M