[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)] [Notices] [Pages 42083-42084] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-19844] ======================================================================== Notices Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. ======================================================================== Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Notices [[Page 42083]] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service Conehead-Summit Resource Management Project, Mt. Hood National Forest, Clackamas and Wasco Counties, Oregon AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare and consider an environmental impact statement. ----------------------------------------------------------------------- SUMMARY: The USDA, Forest Service will prepare and consider an environmental impact (EIS) on a Proposed Action to manage second-growth forest stands by thinning and regeneration harvest. The proposal also calls for the construction and reconstruction of temporary roads as well as thinning in the upland portion of riparian reserves. The projects are within the Stone Creek drainage of the Oak Grove Fork of the Clackamas River watershed, and the Warm Springs watershed. The ``Conehead'' portion of the planning area is in T. 7 S., and R. 8 & 8\1/2\E. Willamette Meridian. It is west of the Warm Springs Indian Reservation near West Pinhead Butte. The ``Summit'' portion of the planning area is in T. 6 S., and R. 8 E. Willamette Meridian. It is south east of Rock Butte and north east of Peavine Butte. The areas are approximately 60 air miles south east of Portland, Oregon. These proposals are tentatively planned for implementation in fiscal years 2000 and 2001. The Mt. Hood National Forest invites written comments and suggestions on the scope of the analysis in addition to those comments already received as a result of local public participation activities. The agency will also give notice of the full environmental analysis and decision-making process so that interested and affected people are made aware as to how they may participate and contribute to the final decision. Presently, there are no plans for a scoping meeting. DATES: Comments concerning the scope and implementation of the analysis should be received in writing by August 30, 1999. ADDRESSES: Send written comments and suggestions concerning the management of this area to Chris Pazzula, Acting District Ranger, Clackamas River Ranger District, Mt. Hood National Forest, 595 NW Industrial Way, Estacada, Oregon 97023. E-mail address: clackriv/ [email protected] FOR FURTHER INFORMATION CONTACT: Direct questions about the proposed action and the scope of analysis to Jim Roden, Clackamas River Ranger District, phone 503-630-8722. SUPPLEMENTARY INFORMATION: This project will be consistent with the Mt. Hood National Forest Land and Resource Management Plan as amended by the Northwest Forest Plan. The Watershed Analysis for the Oak Grove Fork has been completed and the Watershed Analysis for the Warm Springs River has not yet been completed. The Land Allocations include C1-- Timber Emphasis, B3--Roaded Recreation, and Riparian Reserve. The elevation ranges from 4000 to 4400 feet and encompasses second-growth stands which were established after wildfires. The trees are lodgepole pine and mixed conifers 80 to 130 years old. The project area contains stands with declining health and growth and are experiencing high mortality. Action is needed to move these stands closer to the desired future conditions specified in higher level plans including the Mt. Hood Forest Plan, the Northwest Forest Plan and Watershed Analysis. There is the opportunity to enhance forest health and to provide wood products to meet the social and economic needs described in the Northwest Forest Plan. There is also the opportunity to enhance habitat for Canada lynx, to enhance the productivity of Big Huckeleberry, to enhance riparian conditions, and to meet objectives for recreation. The proposed action includes approximately 1015 acres of thinning (15 acres of which is in the Riparian Reserve) and approximately 370 acres of regeneration harvesting. Unit shapes, sizes, and post harvest treatments would be designed to take advantage of opportunities available to enhance the resources described in the previous paragraph. The proposed action also calls for the construction of 3.35 miles of temporary roads and the reconstruction of existing roads. One issue identified is that temporary road construction and harvest could change the areas undeveloped character by further modifying the area so that management activities are more obvious. There have been few roads built in this area in the past because of the fire history of this area and the small size of the trees. Another issue identified concerns the effect of thinning in Riparian Reserves which may pose a short-term risk to water quality and fish habitat, if sediment is delivered to streams. A third issue identified concerns the effect of creating openings to enhance huckleberry and lynx habitats. The Forest Service will be 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 proposed action. This information will be used to determine the issues significant to the development and analysis of alternatives, to determine the appropriate range of alternative ways of implementing the proposed action, and to guide the analysis of effects. The scoping process will include the following:Identification of potential issues; Identification of issues to be analyzed in depth; Elimination of insignificant issues or those which have been covered by a relevant previous environmental analysis; Exploration of alternative ways to implement the proposed actions based on the issues identified during the scoping process; and Determination of environmental effects of the proposed action and alternatives (i.e. direct, indirect, and cumulative effects and connected actions). A range of alternatives will be considered including the No Action alternative. As issues are identified, other potential alternatives will be developed. Comments received in response to this notice, including names and addresses of those who comment, will [[Page 42084]] be considered part of the public record on this proposed action and will be available for public inspection. Comments submitted anonymously will be accepted and considered; however, those who submit anonymous comments will not have standing to appeal the subsequent decision under 36 CFR parts 215 or 217. Additionally, pursuant to 7 CFR 1.27(d), any person may request the agency to withhold a submission from the public record by showing how the Freedom of Information Act (FOIA) permits such confidentiality. Persons requesting such confidentiality should be aware that, under the FOIA, confidentiality may be granted in only very limited circumstances, such as to protect trade secrets. The Forest Service will inform the requester of the agency's decision regarding the request for confidentiality, and where the request is denied, the agency will return the submission and notify the requester that the comments may be resubmitted with or without name and address within a specified number of days. The draft EIS is expected to be filed with the Environmental Protection Agency (EPA) and to be available for public review by October, 1999. The comment period on the draft EIS will be 45 days from the date EPA publishes the notice of availability of the draft EIS in the Federal Register. 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, a reviewer 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 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 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 that substantive comments and objectives 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). The final EIS is scheduled to be completed in December, 1999. 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 the decision regarding this proposal. The responsible official is the Forest Supervisor, Gary L. Larsen. As responsible official, he will document the Conehead-Summit Resource Management Project decision and rationale in a Record of Decision. That decision will be subject to Forest Service Appeal Regulations (36 CFR part 215). Dated: July 26, 1999. Gary L. Larsen, Forest Supervisor, Mt. Hood National Forest. [FR Doc. 99-19844 Filed 8-2-99; 8:45 am] BILLING CODE 3410-11-M