[Federal Register Volume 68, Number 25 (Thursday, February 6, 2003)]
[Notices]
[Pages 6110-6111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2836]


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DEPARTMENT OF AGRICULTURE

Forest Service


Flagtail Fire Recovery Project; Malheur National Forest, Grant 
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) on a proposal to assist the recovery of the area burned 
in 2002 by the Flagtail Fire. This will include proposals to salvage 
fire-killed and fire-damaged timber, implement reforestation, and 
implement projects to alleviate the potential for future damage to 
wildlife habitat, and aquatic resources as a result of the Flagtail 
Fire. The 7,250-acre project area is located on the Blue Mountain 
Ranger District, approximately 25 miles southwest of John Day, Oregon, 
within the Silvies Watershed.

DATES: Comments concerning the scope of the analysis must be received 
by February 28, 2003.

ADDRESSES: Send written comments to Michael Montgomery, District 
Ranter, Blue Mountain Ranger District, P.O. Box 909, John Day, OR 
97845.

FOR FURTHER INFORMATION CONTACT: Linda Batten, Flagtail Fire Recovery 
Project Team Leader, Blue Mountain Ranger District. Phone: (541) 575-
3000. E-mail [email protected] or the Malheur National Forest website 
at http://www.fs.fed.us/r6/malheur.

SUPPLEMENTARY INFORMATION: In July 2002, the Flagtain Fire burned 
approximately 8,200 acres, of which 7,250 occur on the Malheur National 
Forest. The remainder of the fire includes approximately 950 acres of 
private land. The 7,250-acre decision area for the Flagtail Fire 
Recovery Project includes those portions of the Flagtail Fire that 
burned within the Silvies Watershed on National Forest System lands.

Purpose and Need for Action

    The purposes and needs for action in the project planning area are 
to:
    [sbull] Reduce fuel loadings,
    [sbull] Reduce the risk of insect infestation in surviving stands,
    [sbull] Capture economic value of the killed and damaged trees,
    [sbull] Provide safe and adequate roaded access in the fire area,
    [sbull] Reduce the effects of roads on wildlife and water quality,
    [sbull] Re-establish upland vegetation, and
    [sbull] Designate suitable dedicated and replacement old growth 
areas to replace those degraded by the fire.

Proposed Action

    The proposed project could include the following activities:

--Salvage harvest approximately 5,200 acres, in the Silvies watershed;
--Decommission approximately 13 miles and close approximately 13 miles 
of road;
--Reforest areas that sustained high tree mortality with appropriate 
species;
--Replace Dedicated Old Growth that is now unsuitable due to the fire 
(resulting in a Forest Plan amendment).

    About 80% of the proposed timber salvage units would be harvested 
using ground-based logging systems. Access for the salvage activities 
would require construction of less than 1 mile of road, construction of 
approximately 60 miles of road. The temporary roads would be 
decommissioned after completion of project activities. Approximately 
20% of the area to be salvaged would be harvested using helicopter 
based logging systems. Connected actions in association with salvage 
include water barring and erosion control measures such as scattering 
of slash on skid trails and treatment of slash.
    Approximately 5,200 acres would be planted with tree seedlings 
following site preparation. Fuels, including those created by the fire, 
by salvage activity, and by site preparation, would be reduced to meet 
the range of historic levels throughout the project area. A variety of 
fuel treatment methods would be used including removing marketable 
timber through salvage harvest, burning in place, piling and burning, 
and whole tree yarding.
    All proposed activities are responsive to the stated purpose and 
need for this project.

Possible Alternatives

    A full range of alternatives will be considered, including a ``no 
action'' alternative in which none of the activities proposed above 
would be implemented. Based on the issues gathered through scoping, the 
action alternatives could differ in the silvicultural and post-harvest 
treatments prescribed, the amount and location of harvest, or the 
amount and location of fuels reduction activity. Tentative alternatives 
to the proposed action could include an alternative that does not 
require the construction of additional temporary or permanent roads, 
other than temporary re-opening of existing roads. Another alternative 
could emphasize removal (or other fuels treatment options) of dead 
timber in the size classes most likely to reburn. Currently available 
science on snag and coarse woody debris dependent species habitat will 
be a factor in alternative development and could result in a proposal 
of a site-specific Forest Plan amendment to update standards and 
guidelines for these species. Consideration of various regeneration 
strategies including planting at relatively low stocking levels could 
also be a factor that differentiates alternatives.

Scoping Process

    The public will have an opportunity to participate at several 
points during the analysis including the scoping period after 
publication of the notice of intent, and during the comment period 
after publication of the draft EIS. Notification of these opportunities 
will appear in subsequent issues of the Malheur National Forest's 
Schedule of Proposed Activities; letters to agencies, organizations, 
and individuals who have previously indicated their interest in such 
activities; and a legal notice in the Blue Mountain Eagle. Public 
meetings may be scheduled during the winter/spring of 2002-2003. The 
scoping process will include identifying potential issues, identifying 
major issues to be analyzed in depth, eliminating non-significant 
issues or those previously covered by a relevant environmental 
analysis, considering additional alternatives based on themes which 
will be derived from issues recognized during scoping activities, and 
identifying potential environmental effects of the proposed action and 
alternatives (i.e. direct, indirect, and cumulative effects and 
connected actions).

[[Page 6111]]

Preliminary Issues

    Preliminary issues include snag and downed wood habitat; noxious 
weeds; effects of proposed activities on soils exposed by the fire; 
effects of proposed activities on the recovery of water quality and 
resident fisheries resource; ability of proposed activities to 
contribute to restoration of historic vegetation composition, 
structures, and patterns; potential loss of commercial timber value; 
and economic viability of timber salvage.
    Public comments about this proposal are requested in order to 
assist in properly scoping issues, to determine how to best manage the 
resources, and to fully analyze environmental effects. Comments 
received 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; those who submit anonymous 
comments will not have standing to appeal the subsequent decision under 
36 CFR parts 215 and 217. 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 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 
specific number of days.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    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 draft EIS is expected in May 
2003 and the final EIS is expected in September 2003.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice 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 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 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.
    The Forest Service is the lead agency. The Responsible Official is 
the Forest Supervisor, Malheur National Forest, 431 Pattern Bridge 
Road, John Day, Oregon 97845. The Responsible Official will decide 
which, if any, of the proposed projects will be implemented. The 
Responsible Official may also decide on site-specific Forest Plan 
amendments regarding standards and guidelines for snag and coarse woody 
debris, as well as big game habitat, if warranted by the analysis of 
those components in light of recent science.
    The Responsible Official will document the Flagtail Fire Recovery 
Project decision and reasons for the decision in the Record of 
Decision. That decision will be subject to Forest Service Appeal 
Regulations (36 CFR part 215).

    Dated: January 27, 2003.
Roger W. Williams,
Forest Supervisor.
[FR Doc. 03-2836 Filed 2-5-03; 8:45 am]
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