[Federal Register Volume 68, Number 36 (Monday, February 24, 2003)]
[Notices]
[Pages 8582-8584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4240]


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DEPARTMENT OF AGRICULTURE

Forest Service


Crooked River National Grassland Vegetation and Livestock Grazing 
Management, Ochoco 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) on a Proposed Action to return the Crooked River 
National Grassland (CRNG or Grassland) vegetation to its historical 
range of variability and to graze domestic livestock where suitable. 
This will include control of western juniper on 40,000 acres using 
prescribed fire and chainsaw cutting, rehabilitate 10,000 acres of non-
native crested wheatgrass seedings, continue grazing domestic livestock 
on approximately 82,000 acres, close domestic livestock grazing on 
approximately 9,000 acres, and to create a forage reserve on 
approximately 27,000 acres. This project is located in Jefferson County 
within the Mud Springs Creek, Willow Creek, Lower Crooked River, 
Crooked River, Steelhead, Whychus, Lake Billy Chinook, Lower Metolius, 
and Deschutes South watersheds.

DATES: Comments concerning the scope of the analysis must be received 
by March 21, 2003.

ADDRESSES: Send written comments to Robin Vora, Acting District 
Manager, Crooked River National Grassland, 813 SW Highway 97, Madras, 
Oregon 97741.

FOR FURTHER INFORMATION CONTACT: Glenn Adams, ID Team Leader, CRNG. 
Phone: (541) 416-6440 E-mail [email protected]

SUPPLEMENTARY INFORMATION: The Grassland was created after the 
homesteading era failed in the 1930's. Between 1935 and 1965 the Soil 
Conservation Service rehabilitated and developed the Grassland by 
seeding approximately 60,000 acres of abandoned farmland to crested 
wheatgrass and beardless bluebunch wheatgrass, developing livestock 
drinking water, fencing and implementing grazing allotment management 
plans (AMPs). During the

[[Page 8583]]

1960's the USDA Forest Service assumed the management of the CRNG.
    Sagebrush steppe and western juniper woodland plant associations 
primiarly characterized the historical vegetation of the Grassland. 
Historically wildfire maintained the balance of these plant 
associations. It is believed that approximately twenty to forty percent 
of the land area of the Grassland would have had a major component of 
western juniper. Today western juniper exists on approximately ninety 
percent of the land area of the Grassland. The Forest Service proposes 
to thin/remove western juniper on approximately 40,000 acres over a 
ten-year period using prescribed fire and mechanical treatments. These 
projects would be located in various locations across the entire 
Grassland. The objective for these activities will be to manage the 
vegetation in such a way to maintain sagebrush/bunchgrass associations 
and western juniper woodlands as near their historical ranges.
    There is a need to assist in the restoration of native species on 
portions of the landscape that were farmed at the turn of the last 
century and later seeded to introduced plant species during the period 
from 1935 through 1965. Some of these sites are stagnated in early 
serial stages of succession due soil compaction and topsoil loss 
incurred during the homesteading era. The Forest Service proposes to 
rehabilitate approximately 10,000 acres of stagnant ``old'' crested and 
tall wheatgrass seeding to a mixture of shrubs, grasses, and forbs 
(native species, cultivars of native species, and non-native species). 
Methods used: Site preparation methods used would include brush 
beaters, disking, and ripping where appropriate. Seeding will be done 
using a rangeland drill and/or broadcast seeding. Prescribed fire will 
be used. Both hot summer and cool winter/spring fire will be used where 
appropriate.
    There is a social/economic need to continue livestock grazing on 
the Grassland, but there is a need to modify grazing practices because 
some of the current practices discourage native grass and forb species 
establishment and maintenance. The Forest Service proposes to permit 
livestock grazing on approximately 84,646 acres of the Grassland for 
the next ten-year planning period. Grazing will occur on eighteen 
allotments. This action is to continue livestock grazing while 
continuing improving trends in vegetation, watershed conditions, and 
ecological stability. General grazing management changes proposed from 
the present allotment management plans include the following: eliminate 
the re-graze option on all but one allotment (Haystack Butte Allotment 
that practices short-duration grazing successfully), add a rest pasture 
to the grazing rotation on eleven allotments, and continue to graze 
five allotments with versions of deferred grazing. In addition, 
although this action proposes to retain existing permitted livestock 
number as the upper limit, actual use will be a function of meeting or 
exceeding standards. No guarantees are made as to length of season of 
livestock use. Animal Units harvested is a function of maintaining 
standards, non pre-planned calendar dates of use or permitted numbers.
    There is a need to close livestock grazing on three allotments (the 
Peninsula, Clevenger and Goldmine/Falls Allotments) for the following 
reasons, among others: downward ecological trends, these allotments 
have been vacant for the past two to ten years, would require extensive 
fencing and water developments to be used, and are small in size and 
would support small numbers of livestock for only a short period of 
time. The Allotments have been vacant for approximately ten years.
    There is a need to create grazing management flexibility by making 
additional forage available to encourage and/or facilitate vegetation 
rehabilitation elsewhere. A Forage Reserve created from the Canadian 
Bench and the Lower Desert Allotments would provide temporary relief 
for permittees as rehab projects take place on their permitted 
allotment. It is proposed to create two Forage Reserve Allotments on 
approximately 27,742 acres of the Canadian Bench and Lower Desert 
Allotments during the next ten-year planning period.
    The preliminary issues that have been identified include: watershed 
restoration, grazing allotment management, noxious weed treatments, 
wildlife habitat, and reintroduction of prescribed fire. Alternatives 
to the Proposed Action will be developed to address significant issues, 
and will include, at a minimum, a no-action alternative.
    Initial scoping began in February 2003. The Forest Service is 
seeking information, comments, and assistance from other agencies, 
organizations, Indian Tribes, and individuals who may be interested in 
or affected by the Proposed Action. This input will be used in 
preparation of the draft EIS. Your comments are appreciated throughout 
the analysis process.
    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 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 to be filed with the Environmental Protection 
Agency (EPA) and to be available for public review by October 2003. At 
that time, copies of the draft EIS will be distributed to interested 
and affected agencies, organizations, Indian Tribes, and members of the 
public for their review and comment. The EPA will publish a Notice of 
Availability of the draft EIS in the Federal Register. The comment 
period on the draft EIS will be 45 days from the date the EPA notice 
appears in the Federal Register. It is important that those interested 
in this project participate at that time.
    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 
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 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 (F.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

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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 final EIS is scheduled to be available by February 2004. In the 
final EIS, the Forest Service is required to respond to substantive 
comments received during the comment period for the draft EIS. The 
Responsible Official is Ochoco National Forest Supervisor, Larry 
Timchak. He will decide which, if any, of the alternatives will be 
implemented. His decision and rationale for the decision regarding 
vegetation management & livestock grazing actions will be documented in 
the Record of Decision, which will be subject to Forest Service Appeal 
Regulations (36 CFR part 215).

    Dated: February 11, 2003.
Larry Timchak,
Forest Supervisor.
[FR Doc. 03-4240 Filed 2-21-03; 8:45 am]
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