[Federal Register Volume 67, Number 10 (Tuesday, January 15, 2002)]
[Notices]
[Pages 1954-1955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-922]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 67, No. 10 / Tuesday, January 15, 2002 / 
Notices  

[[Page 1954]]



DEPARTMENT OF AGRICULTURE

Forest Service


Metolius Basin Forest Management Project, Deschutes National 
Forest, Jefferson 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) to evaluate options for addressing forest health 
concerns in the southern half of the Metolius Basin. The main 
objectives of the project will be to reduce the risk of losing 
important forest habitats to catastrophic wildfire, insects and 
disease; reduce the risk of impacts from wildfire on residents, 
visitors and tribal resources; enhance late-successional habitats; 
protect and restore riparian areas; to evaluate the road network. The 
project area is located approximately 15 miles northwest of Sisters, 
Oregon.
    The Forest Service Proposed Action would include combinations of 
thinning forest stands, mowing brush, and controlled burning of forest 
fuels on approximately 10,000 acres of the 17,000-acre project area. 
Approximately, 1,400 acres of thinning would occur within pre-existing 
tree plantations. Of the 1,800 acres of riparian reserves, an estimated 
25% (450 acres) may be treated through thinning or prescribed burning 
using low impact methods (primarily implemented by hand crews). In 
addition, the Proposed Action would evaluate the current road network 
in the project area to identify a more efficient and environmentally 
sensitive road system. Options for managing the road system may include 
closing roads that are in excess of public needs, and improving 
maintenance on remaining roads to reduce resource impacts. No 
construction of permanent roads is proposed.

DATES: Issues and comments concerning the Proposed Action should be 
received by February 21, 2002.

ADDRESSES: Submit written comments regarding the Proposed Action to 
Kris Martinson, Project Team Leader, P.O. Box 249, Sisters, Oregon 
97759.

FOR FURTHER INFORMATION CONTACT: Direct questions about the Proposed 
Action and EIS to Kris Martinson, Attention: Metolius Basin Forest 
Management Project, P.O. Box 249, Sisters, Oregon 97759, phone 541-549-
7730.

SUPPLEMENTARY INFORMATION: The Metolius Basin is an important place for 
the many people who reside in, or visit the area. The community of Camp 
Sherman, 5 tracts of summer homes, and 9 popular recreation sites are 
located in the project area. The Metolius Basin also has important 
values for the Confederated Tribes of Warm Springs, whose reservation 
lies just north of the Sisters Ranger District, and through which a 
portion of the Metolius River flows. The Metolius Basin is also a place 
of very high ecological significance. It is a Late-Successional 
Reserve, and provides habitat for many rare plants and animals, 
including northern spotted owl, goshawk, white-headed woodpecker, bull 
trout, and Peck's penstemon.
    Alternatives to be considered will include deferring any actions at 
this time (No Action) and several action alternatives that would 
include different methods for meeting the main objectives of the 
project. The selected alternative may result in an amendment to the 
LRMP (Forest Plan) standards and guidelines on visual quality due to 
the potential visibility of management activities (harvest debris, and 
scorched and blackened trees) beyond the one-year limit.
    Preliminary issues that relate to the Proposed Action include: (1) 
The upper diameter limit of the trees that should be removed to meet 
project objectives, (2) potential effects on water quality in the 
Metolius Wild and Scenic River and its tributaries from thinning, (3) 
potential effects of the proposed action on late-successional species 
that are associated with dense, interior forests (the proposed actions 
will open up portions of the forest), (4) debate about the best actions 
to help reduce the risk of catastrophic wildfire, and (5) concern about 
changes in road access within the project area (some roads may be 
closed).
    A scoping notice was sent out locally on October 10, 2001 
indicating the Forest's intent to plan and implement actions in the 
Metolius Basin to address forest health and risk concerns. The scoping 
letter and additional information about this project is posted on the 
Deschutes National Forest website (www.fs.fed.us/r6/centraloregon). 
Future public participation opportunities will be available throughout 
the planning process.
    The public is invited to offer suggestions and comments in writing. 
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 part 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 draft EIS is expected to be completed in October 2002. The 
comment period on the draft EIS will be 45 days from the date the 
Environmental Protection agency publishes the notice of availability 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, reviewers of 
a draft EIS must structure their participation in the environmental 
review of the proposal so that it is

[[Page 1955]]

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 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.)
    The final EIS is scheduled to be completed by February 2003. In the 
final EIS, the Forest Service is required to respond to 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 the Metolius Basin Forest Management Project.
    The Forest Service is the lead agency. Leslie Weldon, Forest 
Supervisor, is the Responsible Official. The Responsible Official will 
determine which alternative best meets the purpose and need for this 
project and addresses the key issues raised about this project. The 
decision and rationale will be documented in the Record of Decision. 
That decision will be subject to Forest Service Appeal Regulations (36 
CFR part 215).

    Dated: January 3, 2002.
Leslie Weldon,
Forest Supervisor.
[FR Doc. 02-922 Filed 1-14-02; 8:45 am]
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