[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Notices]
[Pages 36852-36853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13198]


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 Notices
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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. 102 / Tuesday, May 28, 2002 / 
Notices  

[[Page 36852]]



DEPARTMENT OF AGRICULTURE


Draft Supplement to the Final Environmental Impact Statement for 
the Deep Vegetation Management Project, Ochoco National Forest, Crook 
and Wheeler Counties, OR

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to supplement a final environmental impact 
statement.

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SUMMARY: The USDA, Forest Service, will prepare a draft supplement to 
the final environmental impact statement (Draft SEIS) for the Deep 
Vegetation Management Project. A Notice of Intent to Prepare a draft 
Environmental Impact Statement (DEIS) was originally published in the 
Federal Register on December 23, 1999. The Notice of Availability of 
the DEIS appeared in the Federal Register on April 27, 2001, the Notice 
of Availability of the final Environmental Impact Statement (FEIS) was 
published on October 12, 2001.
    On September 26, 2001, Ochoco and Deschutes National Forest Deputy 
Supervisor Becky Heath signed the Record of Decision (ROD) to implement 
Alternative C (mod) of the Deep Vegetation Management Project Final 
Environmental Impact Statement (FEIS). On November 9, 2001, six 
environmental groups appealed this decision. On April 26, 2002, Acting 
Ochoco Forest Supervisor, Judy Levin, withdrew the September 26, 2001 
ROD. Additional information will be incorporated into the Draft SEIS to 
address raised in the appeal with emphasis on the effects of prescribed 
fire on snags and down wood, and the effects of on-going grazing by 
domestic livestock.

DATES: Comments concerning this analysis should be received, in writing 
by June 10, 2002, to be most useful.

ADDRESSES: Send written comments to Judith E. Levin, Acting Forest 
Supervisor, Ochoco National Forest, P.O. Box 490, Prineville, Oregon 
97754, or William Fish, Acting District Ranger, Paulina Ranger 
District, 7803 Beaver Creek Road, Paulina, Oregon 97751.

FOR FURTHER INFORMATION CONTACT: Tom Mafera, Deep Project Leader, 
Paulina Ranger District, 7803 Beaver Creek Road, Paulina, OR 97751, 
phone (541) 477-6910.

SUPPLEMENTARY INFORMATION: The SEIS will display the original 
alternatives, including C (mod) selected in the 2001 ROD. Specific 
actions include: Silvicultural treatments that include timber harvest 
on approximately 6,393 acres (approximately 14mmbf), Precommercial 
thinning of approximately 10,042 acres, Post harvest fuels treatment on 
approximately 5,511 acres, Natural fuels underburning of approximately 
4,192 acres, Forage enhancement/Juniper reduction underburning on 
approximately 4,549 acres, Riparian planting along 28 miles of stream, 
Large woody material placement on 7.4 miles of stream, Riparian 
protection at six dispersed recreation sites, Aspen enhancement on 
approximately 81 acres, Willow enhancement at two sites, Meadow 
enhancement on approximately 825 acres, Culvert replacement at eight 
locations, Road closure of approximately 16.2 miles, Road 
decommissioning on 15.2 miles. These activities would occur on 
approximately 19,800 acres within the Deep Creek watershed, located on 
the Paulina Ranger District of the Ochoco National Forest. The total 
planning area of the Deep Vegetation Management Project is 55,368 
acres.
    The purpose and need for action is to provide landscape-level 
health and diversity with the project by moving and existing vegetation 
toward conditions that are sustainable, provide habitat diversity, and 
contribute to riparian management objectives. Also to provide multiple 
use benefits: such as wildlife and fish habitat restoration; riparian 
and watershed restoration; visual quality; and timber products.
    The original issues will guide the analysis. The original issues 
are: landscape level pattern and vegetative diversity; water quality 
and fish habitat; and fuels and fire hazard.
    The decision-to-be-made will include whether, where, and/or how 
much of each proposed vegetation activity should occur, and/or how much 
road and where decommissioning, repair, obliteration, or construction 
should occur.
    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 form the public record by showing how the Freedom 
of Information Act (FOIA) permits such 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 Draft SEIS is expected to be completed in June 2002. The 
comment period on the Draft SEIS 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 SEIS 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 SEIS stage but that are not raised 
until after completion of the Final SEIS 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 objects 
are

[[Page 36853]]

made available to the Forest Service at a time when it can meaningfully 
consider them and respond to them in the Final SEIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the Draft SEIS 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 SEIS 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 SEIS will be completed in September 2002. In the Final 
SEIS, 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 SEIS and applicable 
laws, regulations, and policies considered in making the decisions 
regarding the Deep Vegetation Management Project.
    The Forest Service is the lead agency. The Forest Supervisor of the 
Ochoco National Forest is the Responsible Official. The Responsible 
Official will determine which alternative best meets the purpose and 
need of 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 FR part 215).

    Dated: May 15, 2002.
Judith E. Levin,
Acting Forest Supervisor.
[FR Doc. 02-13198 Filed 5-24-02; 8:45 am]
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