[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Notices]
[Pages 51729-51730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24891]



[[Page 51729]]

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DEPARTMENT OF AGRICULTURE

Forest Service


Triangle Land Exchange; Malheur, Umatilla, and Wallowa-Whitman 
National Forests; Baker, Grant, Harney, and Wallowa Counties, OR

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service, USDA, will prepare and environmental 
impact statement (EIS) on a proposal to exchange lands with Clearwater 
Land Exchange-Oregon (Clearwater). Clearwater is acting as a third 
party facilitator for multiple non-federal landowners. The proposal is 
to exchange about 5,700 acres of non-federal land for approximately 
3,939 acres of federal lands in the Blue Mountains of Northeastern 
Oregon. The proposed exchange will be in compliance with the 1990 
National Forest Land and Management Plans (Forest Plans) for the 
Malheur, Umatilla, and Wallowa-Whitman National Forests, as amended, 
which provide overall guidance for management of this area. The federal 
and non-federal lands are located in Baker, Grant, Harney, and Wallowa 
Counties of eastern Oregon; and on eight Ranger Districts of the three 
Pacific Northwest Forests. Ranger Districts involved are Bear Valley, 
Burns, and Long Creek Districts on the Malheur National Forest; 
Pomeroy, North Fork John Day, and Walla Walla Districts on the Umatilla 
National Forest; and Baker and Unity Districts on the Wallowa-Whitman 
National Forest. Implementation of proposed exchange is scheduled for 
January 2001. The Malheur National Forest invites written comments and 
suggestions on the scope of the analysis. The agency gives notice of 
full environmental analysis and decision making process that will occur 
on the proposal so interested and affected members of the public may 
become aware of how they can participate in the process and contribute 
in the final decision.

DATES: Comments concerning the scope of the analysis should be received 
in writing on or before October 29, 1999.

ADDRESSES: Send site specific written comments and suggestions 
concerning this proposal to Gary W. Lieuallen, Lands Officer, Malheur 
National Forest, PO Box 909, John Day, Oregon 97845.

FOR FURTHER INFORMATION CONTACT: Bob Miles, Resource Planner, PO Box 
909, John Day, Oregon 97845, phone 541-575-3000.

SUPPLEMENTARY INFORMATION: An environmental assessment (EA) on an 
original proposal entitled the Triangle Land Exchange was released for 
public comment on October 22, 1998. After this comment period, it was 
determined that Clearwater could not acquire mineral ownership on about 
1,630 acres of the non-federal land, and this land was dropped from the 
exchange. The EA was revised and released for public comment on April 
14, 1999. The revised EA could not make a Finding of No Significant 
Impact (FONSI). It was determined that an EIS should be completed for 
this proposal.
    The purpose and need of the proposed exchange is to enhance natural 
resource management and improve management efficiency of federal lands 
through ownership consolidation. Consolidation (1) reduces boundaries 
requiring survey and maintenance (2) reduces numbers of permits for 
join-use roads, and (3) eliminates easements and agreements necessary 
to access in-holdings.
    Other federal goals and objectives are (1) to protect habitat for 
threatened, endangered , or sensitive species, (2) to acquire private 
land in-holdings within the Wenaha Wild and Scenic River Corridor, (3) 
to acquire private land in-holdings adjacent to the North Fork John Day 
Wilderness, (4) to improve public access to federal lands, (5) to 
improve efficiency in resource management by focusing limited dollars 
and staff in consolidated areas, and (6) to improve public service.
    All the federal lands proposed for exchange are on the Malheur 
National Forest. They were included in the land ownership adjustment 
schedule of the 1990 Malheur National Forest Land and Resources 
Management Plan (LRMP) (Appendix M of the Plan) as lands available for 
exchange. These federal parcels are not within the interior of the 
Forest. Public access on National Forest System (NFS) lands adjacent to 
or near the federal parcels will be maintained.
    All the parcels proposed to be acquired meet Oregon State Forest 
Practices Act standards and no reforestation or restoration activities 
have been identified. There are no anticipated rehabilitation costs to 
the federal government.
    All the parcels for exchange are within the geographic area of 
ceded lands and/or area of interest of the Confederated Tribes of the 
Umatilla Reservation, Confederated Tribes of the Warm Springs 
Reservation, Confederated Tribes of the Nez Perce, or the Burns Paiute 
Tribes.
    No Congressionally Designated Areas (i.e., Wilderness, Wild and 
Scenic Rivers) are proposed to change from USDA jurisdiction. The 
regulations for land exchanges (36 CFR 254.3(f)) state: ``Lands 
acquired by exchange that are located within areas having an 
administrative designation established throught the land management 
planning process shall automatically become part of the area within 
which they are located without further action by the Forest Service, 
and shall be managed in accordance with the laws, rules, and 
regulations, and land and resource management plan applicable to such 
area.''
    The Clearwater exchange lands are suitable and desirable for 
inclusion in NFS, because consolidated ownership of these lands with 
NFS would enhance the Forest Service's ability to implement ecosystem 
management, and would increase the amount of Wild and Scenic River in 
the NFS.
    The exchange meets the pubic interest requirements in 36 CFR 
254.3(b): (1) The resource values and the public objectives served by 
the non-federal lands and interests to be acquired are equal or exceed 
the resource values and the public objectives served by the federal 
lands to be disposed; and (2) The intended use of the disposed federal 
land will not substantially conflict with established management 
objectives on adjacent federal lands, including Indian Trust lands.
    Lands will be exchanged on a value for value basis, based on 
current fair market value appraisals. The appraisal is prepared in 
accordance with the Uniform Standards of Professional Appraisal 
Practice and the Uniform Appraisal Standards for Federal Land 
Acquisition. The appraisal prepared for the land exchange is reviewed 
by a qualified review appraiser to ensure that it is fair and complies 
with the appropriate standards. Under the Federal Land Policy and 
Management Act of 1976, all exchanges must be equal in value. Forest 
Service regulations at 36 CFR 254.3(c) require that exchanges must be 
of equal value or equalized pursuant to 35 CFR 254.12 by cash payment 
after making all reasonable efforts to equalize values by adding or 
deleting lands. If lands proposed for exchange are not equal in value, 
either party may make them equal by cash payment not to exceed 25 
percent of the federal land value.
    Five of the non-federal parcels proposed for exchange are 
identified as having floodplains; however, preliminary analysis 
indicates that implementation of any action alternative meets the 
intent of Executive Order 11988, Floodplain Management.

[[Page 51730]]

    Preliminary issues identified will include effects on threatened, 
endangered, and proposed species; and exchanging federal lands which 
contain late and old structure stands (LOS).
    One of the purposes of this notice of intent is to solicit input 
and encourage members of the public, interested organizations, federal, 
state and county agencies, and local tribal governments to take part in 
planning this project. Public participation will be especially 
important at several points during the analysis, beginning with this 
scoping process. Scoping will include listing this EIS in the Malheur 
National Forest's Schedule of Proposed Activities; letters to agencies, 
organizations, and individuals who have already indicated their 
interest in land exchanges; and news releases in the Blue Mountain 
Eagle, Baker City Herald, and Eastern Oregonian. Information received 
will be used in preparation of the draft EIS. The scoping process will 
include: (1) Identifying additional potential issues; (2) identifying 
issues to be analyzed in depth; (3) eliminating non-significant issues 
or those which have been covered by a previous environmental analysis; 
(4) exploring additional alternatives; and (5) identifying potential 
environmental effects of the proposed action and alternatives (i.e. 
direct, indirect, and cumulative effects and connected actions).
    No public meetings are contemplated; however, an open house in John 
Day, Oregon, is anticipated to occur following issuance of the draft 
EIS. This open house will be announced in the Malheur National Forest's 
newspaper of record, the Blue Mountain Eagle; the Umatilla National 
Forest's newspaper of record, the Eastern Oregonian; and the Wallowa-
Whitman National Forest's newspaper of record, the Baker City Herald.
    A full range of alternatives will be considered, including a no 
action alternative. The no action alternative will serve as a baseline 
for comparison of alternatives. This alternative will be no change from 
the current management of the Forests and will be fully analyzed. The 
proposed action will be considered and additional alternatives 
developed around the proposed action to address significant issues 
identified during the scoping and public involvement process. Issues 
gathered may vary action alternatives in the number, location, and 
which parcels to exchange.
    Comments received in response to this notice, including the names 
and addresses of those who comment, will be considered part of the 
public record on this proposal and will be available to 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 215 and 251. 
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, 
however, they should be aware that, under FOIA, confidentiality may be 
granted in only 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 Forest Service is seeking information and comments from other 
Federal, State, and Local agencies; tribes, organizations; and 
individuals who may be interested in or affected by the proposed 
action. This input will be used in the preparation of the draft EIS.
    The draft EIS will be filed with the Environmental Protection 
Agency (EPA) and is anticipated to be available for public review by 
March 2000. The comment period on the draft EIS will be 45 days from 
the date of EPA's Notice of Availability in the Federal Register. At 
that time, copies of the draft EIS will be distributed to interested 
and affected agencies, organizations, tribes, and members of the public 
for their review and comments. It is important that those interested in 
the management of the Malheur, Umatilla, and Wallowa-Whitman National 
Forests participate at that time.
    The Forest Service believes it is important to give reviewers 
notice of several court rulings related to public participation in the 
environmental review process. First, reviewers of draft EISs 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 stag, but that are not raised until 
completion of the final EIS, may be waived or dismissed by the courts. 
City of Angoon v. Hodel, 803 F. 2d 1016, 1002 (9th Cir, 1986), and 
Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1335, 1338 (E.D. Wis. 
1980). Because of these court rulings, it is 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 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 helpful if comments refer to specific 
page or chapters of the draft EIS. 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).
    After the 45 days comment period ends on the draft EIS, the 
comments will be analyzed and considered by the Forest Service in 
preparing the final EIS. The final EIS is scheduled to be completed by 
September 2000. In the final EIS, the Forest Service is required to 
respond to substantive comments received during the public comment 
period. The Responsible Official is the Forest Supervisor for the 
Malheur National Forest. She will consider the comments, responses, 
environmental consequences discussed in the EIS and applicable laws, 
regulations, and policies in making a decision regarding this land 
exchange. The Responsible Official will document the Triangle Land 
Exchange EIS decision and rationale for the decision in a Record of 
Decision. That decision will be subject to Forest Service Appeal 
Regulations (36 CFR part 215).

    Dated: September 17, 1999.
Bonnie J. Wood,
Acting Forest Supervisor, Malheur National Forest.
[FR Doc. 99-24891 Filed 9-23-99; 8:45 am]
BILLING CODE 3410-11-M