[Federal Register Volume 65, Number 68 (Friday, April 7, 2000)]
[Notices]
[Pages 18276-18278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8622]


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DEPARTMENT OF AGRICULTURE

Forest Service


Middle Imnaha River Range Planning Area, Hells Canyon National 
Recreation Area and Hells Canyon Wilderness, Wallowa-Whitman National 
Forest, Wallowa and Baker Counties, 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) to update range management planning on seventeen (17) 
livestock (cattle and horse) grazing allotments and one administrative 
use pasture, which will result in the development of new Allotment 
Management Plans (AMPs). The allotments are Blackmore, Chalk, College 
Creek, Dunlap-Thorn, Dunn Creek, Grouseline, Himmelwright, Keeler, 
Middle Point, Saddle Creek,

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Schleur, Snell, Mink, Needham, North Pine, Double Pine and Snake River. 
The administrative use pasture is called College Creek Administrative 
Horse Pasture. The southern end of the range planning area begins 
approximately 40 miles north and east of the town of Halfway, Oregon on 
Pine Ranger District, and continues north into Hells Canyon National 
Recreation Area (HCNRA), ending approximately 6 miles south of the town 
of Imnaha, Oregon. The allotments extend east into the Hells Canyon 
Wilderness and west into the Big Sheep Creek drainage. The allotments, 
combined, are called the Middle Imnaha River Range Planning Area. 
National Forest System (NFS) lands within the Wallowa-Whitman National 
Forests will be considered in the proposal. Management actions are 
planned to be implemented beginning in the year 2002. 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 May 31, 2000.

ADDRESSES: Send written comments and suggestions concerning this 
proposal to Kendall Clark, District Ranger, Hells Canyon National 
Recreation Area, Wallowa-Whitman National Forest, 88401 Highway 82, 
Enterprise, Oregon 97828.

FOR FURTHER INFORMATION CONTACT: Direct questions about the proposed 
action and EIS to Howard Lyman, Project Co-Leader, Hells Canyon 
National Recreation Area, 88401 Highway 82, Enterprise, Oregon 97828, 
541-426-5573 or to Lynne Smith, Project Co-Leader, Pine Ranger 
District, 38470 Pine Town Lane, Halfway, Oregon 97834, 541-742-6715.

SUPPLEMENTARY INFORMATION: The proposed action is to continue to permit 
livestock grazing on NFS lands. The proposed action will also 
incorporate pertinent management guidelines and direction found in the 
Wallowa-Whitman National Forest Land and Resource Management Plan, as 
amended, the Hells Canyon National Recreation Area Comprehensive Land 
Management Plan (CMP), Wild and Scenic River Plans for the Imnaha and 
Snake Rivers, and biological assessments and biological opinions for 
threatened Snake River Chinook salmon and steelhead. The proposed 
action is designed to continue the improving trends in vegetation and 
watershed conditions relative to livestock grazing within the planning 
area. The action is needed to develop new AMPs which incorporate 
results of recent scientific research, analysis and documentation at 
the sub-basin level. Components of the proposed action include: (1) 
Protection of Endangered Species Act listed spawning and rearing 
habitat; (2) provide for sustained forage production through deferment 
and rest; (3) review utilization standards in riparian areas and 
analyze potential changes is required stubble heights; and (4) adjust 
allotment boundaries where the allotment has previously extended into 
the Wild and Scenic Snake River to outside the Wild and Scenic 
corridor.
    The Wallowa-Whitman Forest Plan, as amended, recognized the 
continuing need for forage production for the Forest and recognized the 
seventeen allotments and the administrative pasture of the Middle 
Imnaha River Range Planning Area as containing lands which are capable 
and suitable for grazing by domestic livestock. The action is needed to 
continue this historic use.
    The allotments are located within twenty-seven subwatersheds: 
Freezeout Creek; Imnaha River/mile 24; Squaw Creek; Big Sheep Creek/
mile 4; Imnaha River/mile 37; Pumpkin Creek; Summit Creek; Rich Creek; 
Lower Grouse Creek; Imnaha River/mile 43; Crazyman Creek; Snake River/
Rocky Bar; Snake River/Hells Canyon; Lower Little Sheep Creek; Big 
Sheep Creek/mile 0; Marr Creek; Big Sheep Creek/mile 17; Snake River/
Two Bars; Saddle Creek; Lower North Pine Creek; Upper North Pine Creek; 
Elk Creek; Lake Fork Creek; Imnaha River/mile 55; Imnaha River/mile 58; 
Snake River/Big Bar; and McGraw Creek. These subwatersheds are 
contained within the Lower Imnaha River, Upper Imnaha River, Imnaha 
River, Snake River, Snake River/Hat Point, Big Sheep Creek and Pine 
Creek watersheds.
    The Forest planning process allocated specific management direction 
across the Wallowa-Whitman National Forest. Within the area encompassed 
by the seventeen allotments, the management areas (MAs) are MA1--Timber 
Production Emphasis, MA3--Big game winter range/timber; MA4--
Wilderness; MA7--Wild and Scenic River; MA8--HCNRA Snake River 
corridor; MA9--HCNRA Dispersed Recreation/Native Vegetation, MA10--
HCNRA Forage production; MA11--HCNRA Dispersed recreation/timber; 
MA12--Research Natural Areas, and MA15--Old Growth Preservation.
    The seventeen allotments encompass approximately 86,268 acres of 
NFS Lands, with private land making up an additional 7,603 acres. 
Approximately 30,695 acres in the Himmelwright, Saddle Creek and Snake 
River allotments are part of the Hells Canyon Wilderness. Points of 
interest in the allotments include portions of the Wallowa Loop Road 
(Forest Road 39); as well as many historic, prehistoric and scenic 
sites located along the area's extensive trail system. These include 
Barton Heights, Saulsbery Saddle, Lord Flat, Summit Ridge; Freezeout 
Saddle; Needham Butte,. and many others.
    The Middle Imnaha River Range Planning Area provides habitat for 
many wildlife species including management indicator species (MIS) and 
their habitats. These MIS species include California wolverine, North 
American lynx, Rocky Mountain elk, marten, pileated woodpecker, 
goshawk, bald eagle and American peregrine falcon. Fish species within 
the planning area include native populations of inland redband/rainbow 
trout, bull trout, steelhead and Chinook salmon.
    Preliminary issues include: (1) The effects of livestock grazing on 
riparian conditions (including water quality, water temperature and 
stream bank stability); (2) The effects of no grazing or reduced 
grazing on the local economy; (3) The reduction in soil productivity 
and in amounts of native bunchgrasses due to the encroachment of 
cheatgrass and sand dropseed species; (4) The effects of livestock 
grazing on Wild and Scenic River Outstandingly Remarkable Values and 
Wilderness values, (5) the effects of livestock grazing on TES species 
and (6) the effects of livestock grazing on big game winter range.
    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 accomplish 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), Wild and Scenic River Plans, 
and are consistent with the scientific findings of the Interior 
Columbia Basin Ecosystem Management Program (ICBEMP). Consultation with 
the U.S. Fish and Wildlife Service, as required by the

[[Page 18278]]

Endangered Species Act (ESA), will be completed on 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 Tribes and seeking information, 
comments, and assistance from Federal, State, local agencies, current 
range permittees, 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 March, 2001. 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 October, 2001.
    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. 
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 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 at 
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 Forest Service is the lead 
Agency. Karyn L. Wood, Forest Supervisor, is the Responsible Official. 
As the Responsible Official she will document the decision and 
rationale for the decision in the Record of Decision. That decision 
will be subject to Forest Service Appeal Regulations (36 CFR part 215).

    Dated: March 31, 2000.
Karyn L. Wood,
Forest Supervisor.
[FR Doc. 00-8622 Filed 4-6-00; 8:45 am]
BILLING CODE 3410-11-M