[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Notices]
[Pages 44477-44478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21110]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Red Knight Restoration Project, Winema National Forest, Klamath 
County, OR

AGENCY: Forest Service, USDA.

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

-----------------------------------------------------------------------

SUMMARY: The USDA, Forest Service will prepare an environmental impact 
statement (EIS) for restoration projects within the Red Knight planning 
area on the Chemult Ranger District of the Winema National Forest. Red 
Knight planning area is located in T29S, T30S, R10E, R11E, Willamette 
Meridian and covers an area of approximately 36,000 acres. The planning 
area is located west/northwest of Yamsay Mountain Semiprimitive 
Recreation Area and south of the Silver Lake Highway. Jackson Creek 
traverses the planning area. The Winema National Forest invites written 
comments on this proposal and the scope of analysis. The agency will 
give notice of the full environmental analysis and decision-making 
process so interested and affected persons may participate and 
contribute to the final decision.

DATES: Comments concerning the scope of the analysis should be received 
by September 20, 1999.

ADDRESSES: Send written comments to Red Knight Project, Chemult Ranger 
District, P.O. Box 150, Chemult, Oregon 97731.

FOR FURTHER INFORMATION CONTACT: Jayne Goodwin, 541-365-7072 or e-mail 
at: jgoodwin/[email protected].

SUPPLEMENTARY INFORMATION: This project will be consistent with the 
Winema National Forest Land and Resource Management Plan as amended by 
the Revised Environmental Assessment for the Continuation of Interim 
Management Direction Establishing Riparian, Ecosystem and Wildlife 
Standards for Timber Sales (Eastside Screens) and the Inland Native 
Fish Strategy Environmental Assessment (INFISH). The Eastside screens 
were designed to offer conservative protection to riparian, ecosystem, 
and wildlife values. INFISH provides interim direction to protect 
habitat and populations of resident native fish outside of anadromous 
fish habitat. The Red Knight planning area incorporates the following 
Forest Plan Management Areas (MA): Scenic Management (MA-3) designed to 
maintain and create visually pleasing scenery; Old-Growth Ecosystems 
(MA-7) designed to provide, maintain and enhance existing mature and 
old-growth communities; Riparian Areas (MA-8) designed to protect soil, 
water, wetland, floodplain, wildlife, and fish resource values; Timber 
Production (MA-12) designed to produce a high level of growth and 
timber production; and Upper Williamson (MA-15) designed to provide a 
natural-appearing forest setting for dispersed recreation activities 
and special wildlife habitats. The planning area is within former 
Klamath India Reservation lands.

Purpose and Need

    Portions of the Red Knight planning area are crowded with trees 
that are competing for nutrients, water, and growing space. Dwarf 
mistletoe infections are present. Mature and old-growth ponderosa pine 
and mixed conifer habitat is at risk from competition-induced mortality 
and wildlife. Aspen stands are declining due to lodgepole pine 
encroachment. Fire suppression and growth of stands have resulted in 
development of excessive fuel accumulations and a decline in forage 
production. Prior to recognition of the value of standing and down dead 
trees, past harvest practices created a shortage of snags and down 
logs. Current open road densities exceed recommendations for big game 
habitat. Densities average approximately 5 miles of open road per 
section (a section is one square mile).
    The existing conditions described above have created needs--(1) for 
sustainable mature and old-growth habitat and quaking aspen habitat for 
support of populations of native species; (2) for reduced risk of stand 
replacement fires within the planning area; and (3) for sustainable 
habitat for big game. Scoping may identify more needs.

[[Page 44478]]

Proposed Action

    Proposed activities include approximately 12,000 areas of 
commercial thinning (thinning-from-below) and 24,000 acres of 
precommercial thinning. Approximately 11,000 of the 24,000 acres of 
precommercial thinning would occur within proposed commercial thinning 
areas. Other proposed activities are approximately 400 acres of pruning 
of dwarf mistletoe-infected trees, 50 acres of quaking aspen 
regeneration, 10,000 acres of prescribed burning or mowing of shrubs, 
seedlings, and small saplings, creation of 2,000 snags, evaluate access 
and travel opportunities, 50 miles of road closures, and 37 miles of 
road obliteration.

Alternatives

    The No Action alternative will serve as a baseline for comparison 
of alternatives and will be fully developed and analyzed. With the No 
Action alternative, there would be no activities implemented based on 
the Red Knight analysis. Previously approved activities, and routine 
protection and maintenance activities will continue. The proposed 
action, as described above, will be considered and other alternatives 
developed around the proposed action to address issues identified in 
the scoping and public involvement process.

Issues

    Preliminary issues identified are--Klamath Tribes culture and 
treaty resources (subsistence hunting, fishing, and gathering), mature 
and old-growth habitat, forest health, and wildfire risk.

Public Involvement

    Scoping determines issues to be addressed and identifies the 
significant issues related to a proposed action. The Forest Service 
will seek information and comments from Tribes, Federal, State, and 
local agencies and other individuals and organizations who may be 
interested in or affected by the proposed action. This input will be 
used in preparation of the draft EIS. Scoping will be achieved through 
mailings, newspaper notices, website postings (www.fs.fed.us/r6/
winema), and field trips. Field trips to the planning area are 
scheduled for August, September, and October of 1999.
    Comments received in response to this notice, including names and 
addresses of those who comment, will 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.

Estimated Dates for Draft and Final EIS

    The draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and to be available for public comment by April 
2000. 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 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 environmental impact statements 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. 
519,55 (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 the 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.
    Comments on the draft EIS will be analyzed, considered, and 
responded to by the Forest Service in preparing the final EIS. The 
final EIS is scheduled to be completed in July 2000. The Forest Service 
is the lead agency. Forest Supervisor, Winema National Forest, is the 
responsible official. The responsible official will document the 
decision and rationale for the decision for the Red Knight Restoration 
Project in the Record of Decision. That decision will be subject to 
Forest Service Appeal Regulations (36 CFR Part 215).

    Dated: July 29, 1999.
Mary C. Erickson,
Acting Deputy Forest Supervisor, Winema National Forest.
[FR Doc. 99-21110 Filed 8-13-99; 8:45 am]
BILLING CODE 3410-11-M