[Federal Register Volume 67, Number 149 (Friday, August 2, 2002)]
[Notices]
[Pages 50412-50414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19481]


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DEPARTMENT OF AGRICULTURE

Forest Service


Blue Mountain Land Exchange; Malheur, Umatilla, and Wallowa-
Whitman National Forests; Baker, Grant, Morrow, Umatilla, Union, 
Wallowa, and Wheeler Counties, Oregon

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 an environmental impact 
statement on a proposal to exchange lands with Clearwater Land 
Exchange-Oregon. Clearwater is acting as a third-party facilitator for 
multiple non-federal landowners. The environmental impact statement 
will analyze the proposed exchange of approximately 20,570 acres of 
federal lands for approximately 36,370 acres of non-federal lands in 
the vicinity of the Blue Mountains Province of Northeast Oregon. The 
federal and non-federal lands proposed for exchange are located in 
Baker, Grant, Morrow, Umatilla, Union, Wallowa, and Wheeler Counties of 
Northeast Oregon. The affected Forest Service units are the Blue 
Mountain and Prairie City Ranger Districts of the Malheur National 
Forest; the Heppner, North Fork John Day, Pomeroy, and Walla Walla 
Ranger Districts of the Umatilla National Forest; and the Eagle Cap, 
LaGrande, Pine, Unity, and Wallowa Valley Ranger Districts and the 
Hells Canyon National Recreation Area of the Wallowa-Whitman National 
Forest. Implementation of the proposed exchange is scheduled for 
January 2004. The Malheur, Umatilla, and Wallowa-Whitman National 
Forrest Supervisors invite the public to submit comments on their 
proposal and suggestions on the scope of the proposed exchange. The 
Forest Supervisors also invite the public to participate in the 
environmental analysis and decision-making process for the proposed 
exchange of lands.

DATES: In order to maintain the estimated schedule for completing the 
final environmental impact statement, comments about the proposed 
exchange and the scope of the analysis should be received by September 
13, 2002. Written comments are preferable, but oral comments will also 
be accepted. The draft environmental impact statement is scheduled for 
availability in June 2003, and the final environmental impact statement 
is expected to be available in October 2003.

ADDRESSES: Written comments or requests for information about this 
proposal should be addressed to Linda Vore, Supervisory Realty 
Specialist, Wallowa-Whitman National Forest, PO Box 907, Baker City, OR 
97814. Oral comments may be conveyed to Linda Vore in person at the 
Wallowa-Whitman National Forest, 1550 Dewey Avenue, Baker City, Oregon; 
or by telephone at 541-523-1249.

FOR FURTHER INFORMATION CONTACT: Linda Vore, Supervisory Realty 
Specialist, PO Box 907, Baker City, OR 97814; Telephone 541-523-1249.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The proposal to exchange lands in the Blue Mountain Province of 
Northeast Oregon responds to the Forest Service's need for 
consolidation of federal land ownership patterns in the Malheur, 
Umatilla, and Wallowa-Whitman National Forests. The consolidation of 
federal ownership allows the Forest Service to enhance the management 
of the public's natural resources by acquiring lands that (1) 
facilitate public access to present federal lands, (2) protect habitat 
for several threatened, endangered, and sensitive species, (3) improve 
wetlands, floodplains, and riparian areas, (4) preserve segments of the 
Imnaha, Lostine, Eagle Creek, and North Fork John Day Wild and Scenic 
Rivers, (5) convert ownership within the Eagle Cap, Hells Canyon, and 
Wenaha-Tucannon Wildernesses and the Hells Canyon National Recreation 
Area, (6) decrease the complexity of maintaining property boundaries, 
(7) reduce the number of access permits to private inholdings, and (8) 
improve the efficiency of resource management by focusing the Forests' 
funding and staff on consolidated ownerships.

Proposed Action

    The Forest Supervisors propose to exchange approximately 20,570 
acres of federal lands for approximately 36,370 acres of non-federal 
lands in the vicinity of the Blue Mountains Province of Northeastern 
Oregon. The federal and non-federal lands proposed for exchange are 
located in Baker, Grant, Morrow, Umatilla, Union, Wallowa, and Wheeler 
Counties of Northeast Oregon. The affected Forest Service units are the 
Blue Mountain and Prairie City Ranger Districts of the Malheur National 
Forest; the Heppner, North Fork John Day,

[[Page 50413]]

Pomeroy, and Walla Walla Ranger Districts of the Umatilla National 
Forest; and the Eagle Cap, LaGrande, Pine, Unity, and Wallowa Valley 
Ranger Districts and the Hells Canyon National Recreation Area of the 
Wallowa-Whitman National Forest. All of the parcels proposed for 
exchange are located within the geographic area of ceded lands and/or 
areas of interest of the Burns Paiute Tribes, the Nez Perce Tribe, the 
Confederated Tribes of the Umatilla Reservation, or the Confederated 
Tribes of the Warm Springs Reservation. All acreages in this proposal 
are approximate.
    The United States of America would convey fee title to Clearwater 
Land Exchange-Oregon for parcels totaling approximately 20,570 acres 
throughout Baker, Grant, Morrow, Umatilla, Union, and Wallowa counties 
in the State of Oregon. Approximately 40 acres of these parcels are in 
Baker County in the vicinity of South Fork Burnt River in the Wallowa-
Whitman National Forest. Approximately 6,090 acres of these parcels are 
in Grant County in the vicinity of Deer Creek (2,400 acres), Bear Creek 
(3,170 acres), Beech Creek (70 acres), Jeff Davis Creek (120 acres), 
and Thompson Gulch (20 acres) in the Malheur National Forest and in the 
vicinity of Rains Canyon (150 acres) and Bully Creek (160 acres) in the 
Umatilla National Forest. Approximately 380 acres of these parcels are 
in Morrow County in the vicinity of Willow Creek (220 acres) and Butler 
Creek (160 acres) in the Umatilla National Forest. Approximately 6,670 
acres of these parcels are in Umatilla County in the vicinity of 
Meacham Creek (3,600 acres), Cooper Creek (1,800 acres), Swiss Flat 
(320 acres), Snipe Creek (150 acres), Wilkins Creek (200 acres), 
Deerhorn Creek (80 acres), California Gulch (40 acres), Pearson Creek 
(110 acres), and butcher Creek (370 acres) in the Umatilla National 
Forest. Approximately 400 acres of these parcels are in Union County in 
the vicinity of Sullivan creek in the Wallowa-Whitman National Forest. 
Approximately 6,990 acres of these parcels are in Wallowa County in the 
vicinity of Water Canyon (30 acres), Big Canyon (40 acres), Big Sheep 
Creek (1,900 acres), Imnaha River (1,740 acres), Powwatka Ridge (1,760 
acres), Big Flat (120 acres), McCoy Flat (80 acres), Lostine River (40 
acres), Spring Creek (120 acres), Prairie Creek (280 acres), Carrol 
Creek (680 acres), and Summit Creek (200 acres) in the Wallowa-Whitman 
National Forest.
    Clearwater Land Exchange-Oregon would convey fee title to the 
United States of America for parcels totaling approximately 36,370 
acres throughout Baker, Grant, Morrow, Umatilla, Union, Wallowa, and 
Wheeler counties in the State of Oregon. Approximately 320 acres of 
these parcels are in Baker County in the vicinity of Eagle Creek in the 
Wallowa-Whitman National Forest. Approximately 10,660 acres of these 
parcels are in Grant County in the vicinity of Aldrich Mountain (200 
acres), Crazy Creek (640 acres), Deer Creek (160 acres), West Fork Deer 
Creek (400 acres), Murderers Creek (630 acres), Birch Creek (480 
acres), Lewis Officer Creek (40 acres), Beech Creek (2440 acres), Clear 
Creek (1,110 acres), Four Corners (120 acres), Bridge Creek (40 acres), 
Phipps Meadow (280 acres), Bridge Creek Meadow (160 acres), and Wallowa 
Spring (30 acres) in the Malheur National Forest; in the vicinity of 
Wilson Prairie (2,250 acres), Happy Jack Creek (480 acres), Bologna 
Basin (200 acres), Rains Canyon (120 acres), Patterson Basin (400 
acres), North Fork John Day River (270 acres), Deep Creek (50 acres), 
and Trout Meadows (110 acres) in the Umatilla National Forest; and in 
the vicinity of Trout Creek (50 acres) in the Wallowa-Whitman National 
Forest. Approximately 160 acres of these parcels are in Morrow County 
in the vicinity of Matlock Creek in the Umatilla National Forest. 
Approximately 8,120 acres of these parcels are in Umatilla County in 
the vicinity of Meacham Creek (2,900 acres), Owens Creek (480 acres), 
North Fork John Day River (1,900 acres), Bear Wallow Creek (320 acres), 
Camp Creek (1,880 acres), and Camas Creek (640 acres) in the Umatilla 
National Forest. Approximately 550 acres of these parcels are in Union 
County in the vicinity of McCoy Creek (160 acres), Burnt Corral Creek 
(90 acres), Pelican Creek (260 acres), and Five Points Creek (40 acres) 
in the Wallowa-Whitman National Forest. Approximately 16,240 acres of 
these parcels are in Wallowa County in the vicinity of Eden Ridge (380 
acres) and the Wenaha River (760 acres) in the Umatilla National Forest 
and in the vicinity of Kuhn Ridge (1,020 acres), Joseph Creek (660 
acres), Doe Creek (160 acres), Chesnimnus Creek (2,200 acres), Big 
Sheep Creek (260 acres), Imnaha River (8,950 acres) Cow Creek (940 
acres), Lostine River (140 acres), Hurricane Creek (510 acres), Morgan 
Ridge (120 acres), and McGraw Creek (140 acres) in the Wallowa-Whitman 
National Forest. Approximately 320 acres of these parcels are in 
Wheeler County in the vicinity of Wineland Lake in the Umatilla 
National Forest.
    The proposed exchange of lands may require amendments to the Land 
and Resource Management Plans for the Malheur, Umatilla, and Wallowa-
Whitman National Forests. Pursuant to the regulations for land 
exchanges (36 CFR 254.3(f)): ``Lands acquired by exchange that are 
located within areas having an administrative designation established 
through 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.'' Accordingly, lands acquired within 
Congressionally Designated Areas such as Wilderness, Wild and Scenic 
Rivers, and National Recreation Areas would be respectively designated 
and managed consistently with the surrounding lands.

Possible Alternatives

    A full range of alternatives to the proposed action, including a 
no-action alternative, will be considered in the environmental impact 
statement. The no-action alternative represents no change from the 
current pattern of land ownership, and it serves as the baseline for 
the comparison among the action alternatives. In addition to the 
proposed action and the no-action alternatives, the environmental 
impact statement will consider other reasonable alternatives regarding 
the number and location of parcels to exchange, including alternatives 
that respond to issues identified by the public during the scoping 
process.

Responsible Officials

    The Responsible Officials are the Forest Supervisors for the 
Malheur, Umatilla, and Wallowa-Whitman National Forests. They will 
review all issues, alternatives, and environmental consequences 
associated with the analysis; consider all public comments and 
response; and comply with all policies, regulations, and laws in making 
a decision regarding the proposed exchange of lands documented in the 
Final Environmental Impact Statement for the Blue Mountain Land 
Exchange. The Responsible Officials will document their decision and 
their rationale for the decision in a Record of Decision. Their 
decision will be subject to public notice, review, comment, and appeal 
under the Forest Service Regulations for Notice, comment, and Appeal 
Procedures for National Forest System Projects and Activities at 36 CFR 
part 215.

[[Page 50414]]

Nature of Decision To Be Made

    The Forest Service will determine if the lands to be exchanged are 
desirable in the public interest and suitable for inclusion in the 
National Forest System. Land exchanges are discretionary, voluntary 
real estate transactions between the federal and non-federal parties. 
The exchange can only be completed after the authorized officer 
determines that the exchange meets the requirements at 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 to or exceed the 
resource values and public objectives served by the federal lands to be 
disposed, and (2) the intended use of the disposed federal lands will 
not substantially conflict with established management objective son 
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 Appraisal 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 require that exchanges must be of 
equal value or equalized pursuant to 36 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.

Preliminary Issues

    Preliminary scoping indicates that there may be issues associated 
with public access, protected species, old-growth habitat, floodplain 
areas, structures and facilities, private lands within Congressionally 
designated areas, and Tribal interests. The proposed exchange may 
require amendments to the National Forest Land and Resource Management 
Plans for the Malheur, the Umatilla, and the Wallowa-Whitman National 
Forests.

Scoping Process

    The Forest Service encourages full participation in the proposed 
land exchange, beginning with the scoping process. Scoping will include 
notice in the Malheur, Umatilla, and Wallowa-Whitman National Forests' 
Quarterly Schedule of Proposed Actions; distribution of letters to 
individuals, organizations, and agencies who have already indicated 
interest in land exchanges; communication with tribal interests; and 
publication of news releases in the Blue Mountain Eagle, the Eastern 
Oregoinian, and the Baker City Herald, the newspapers of record, 
respectively, for the Malheur, Umatilla, and Wallowa-Whitman National 
Forests. The news release will also be distributed to other local 
newspapers that serve areas affected by this proposal. Public meetings 
in the form of open houses will be scheduled, and notice of times and 
locations will be provided at a later date. The scoping process will 
include identifying key issues, exploring additional alternatives, and 
identifying potential environmental effects of the proposed action and 
the alternatives.

Comment Requested

    The Forest Service is seeking comments from individuals, 
organizations, tribes, state and local agencies, and other federal 
agencies that may be interested in or affected by the proposed land 
exchange. All 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 for public 
inspection. The comments will be use din the preparation of the draft 
environmental impact statement.
    The draft environmental impact statement is scheduled for 
distribution to the public in June 2003. The comment period on the 
draft statement will be 45 days. Comments on the draft statement should 
be as specific as possible. It is helpful if comments refer to specific 
pages or chapters of the draft statement. Comments may also address the 
adequacy of the draft statement 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-day comment period ends, the comments will be analyzed 
and considered by the Forest Service in preparing the final 
environmental impact statement. The final environmental impact 
statement is scheduled for completing by October 2003. In the final 
statement, the Forest Service will respond to all substantive comments 
received during the public comment period.
    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 the 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 Corporation versus Natural Resources Defense 
Council, 435 US 519, 553 (1978). Also, environmental objections that 
could be raised at the draft environmental impact statement stage, but 
that are not raised until completion of the final environmental impact 
statement, may be waived or dismissed by the courts. City of Angoon 
versus Hodel, 803 F 2d 1016, 1022 (9th Cir, 1986) and Wisconsin 
Heritages, Incorporated versus Harris, 490 F Supp 1334, 1338 (ED 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 be meaningfully 
consider them and respond to them in the final environmental impact 
statement.

    Dated: July 25, 2002
Roger W. Williams,
Malheur National Forest.
    Dated: July 25, 2002.
Jeff D. Blackwood,
Forest Supervisor, Umatilla National Forest.
    Dated: July 25, 2002.
John C. Schuyler,
Deputy Forest Supervisor, Wallowa-Whitman National Forest.
[FR Doc. 02-19481 Filed 8-1-02; 8:45 am]
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