[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Notices]
[Pages 22673-22675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10501]


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DEPARTMENT OF AGRICULTURE

Forest Service


Monument Fire Recovery Project-Whitman Unit, Wallowa-Whitman 
National Forest, Baker 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 Monument Fire. The EIS will include proposals that 
salvage fire-killed and dying trees, implement reforestation, and 
projects to recover damaged riparian and aquatic resources. The 3,300-
acre project area is located on the Whitman Unit-Unity District. The 
project is approximately 7 air miles southeast of Unity, Oregon, and 
within the West Fork of Camp Creek sub-watershed. Implementation of 
management actions is planned for fiscal year 2004. The agency gives 
notice of the full environmental analysis and decision making process 
that will occur on the proposal so that interested and

[[Page 22674]]

affected people may become aware of how they can participate in the 
process and contribute to the final decision.

DATES: Comments concerning the scope of the analysis must be received 
in writing by May 30, 2003.

ADDRESSES: Send written comments to Dick Haines, District 
Ranger,Whitman Unit-Unity Office, Wallowa-Whitman National Forest, P.O. 
Box 39, Unity, Oregon 97884.

FOR FURTHER INFORMATION CONTACT: Direct questions about the proposed 
action and EIS to Roger LeMaster, Interdisciplinary Team Leader, 
Wallowa-Whitman National Forest, Whitman Unit-Unity Office, P.O. Box 
39, Unity, Oregon 97884, telephone (541) 446-3351.

SUPPLEMENTARY INFORMATION: In July and August of 2002, the Monument 
Fire burned approximately 24,300 acres; approximately 4,100 acres 
occurred on the Wallowa-Whitman National forest, including 628 acres of 
private land. The remainder of the fire (approximately 20,200 acres) 
occurred on the Malheur National Forest. The Monument Fire Recovery 
Project-Whitman Unit (3,300 acres) includes those portions of the 
Monument Fire that occurred within the West Camp Creek sub-watershed on 
the Wallowa-Whitment National forest.
    Purpose and Need for Action. The identified purpose and need for 
these actions here and now are to: Recover potential value of fire-
killed and dying trees for wood products and to support the local 
economy; reforest non-stocked areas that were burned for wildlife 
habitat and riparian habitat recovery; allow recovery of herbaceous, 
native vegetation for wildlife and domestic use; and maintain or 
improve water quality for sediment reduction into stream channels in 
compliance with INFISH (Regional Forester Amendment 4 to the 
Wallowa-Whitman National Forest Land and resource Management Plan) 
guidelines.
    Proposed Action. The proposed action is to salvage fire-killed and 
dying trees by helicopter on approximately 359 acres, by skyline 
logging systems on approximately 381 acres, and by tractor on 39 acres. 
The total salvage volume would be approximately 9 million board feet. 
Salvage would be limited to upland areas, outside of Riparian Habitat 
Conservation Areas. Approximately \1/4\-mile of temporary roads would 
be required for access to units. Approximately 5.4 miles of closed 
roads would be opened for salvage (reclosed after salvage); 
approximately 10.6 miles of currently open roads would be closed; and 
approximately 32 miles of road maintenance would be required for haul 
routes. Reforest approximately 1205 acres in salvaged units, old 
regeneration units, and other burn areas; reforest (with riparian 
vegetation and conifers) 292 acres of high and moderate severity burned 
streamside and riparian wetlands, along the North and South Forks of 
West Camp Creek and its tributaries; fall snags to increase plantations 
survival and increase down, woody material; treat noxious weed sites 
disturbed during fire suppression efforts and new existing noxious weed 
sites; and rest the burn area to allow recovery of herbaceous, native 
vegetation for wildlife and domestic use.
    Preliminary Issues. Preliminary issues identified include: timely 
recovery of fire-killed and dying trees; effect of salvage on soils; 
retention of snags; effects of road closures on public access; effects 
of salvage activities on sediment to stream channels; effect of salvage 
on wildlife populations and reduced habitat; noxious weeds infestation 
and expansion; economic viability; and effects on recreation/visuals.
    Possible Alternatives. A full reasonable 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 
preliminary issues identified through scoping, the action alternatives 
could differ in: The level of salvage; the type of logging systems used 
for salvage; the amount and location of roads needed to access salvage 
units; and the level of road closures proposed.
    Scoping Process. 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 goals/objectives which will be derived from issues recognized 
during scoping activities; and identifying potential environmental 
effects of this proposed action and alternatives (i.e., direct, 
indirect, and cumulative effects and connected actions). Public 
participation will be sought at several points during the analysis 
process. The public will be kept informed of the EIS process through 
the quarterly publication of the ``Wallowa-Whitman National Forest's 
Schedule of Purposed Actions'' and letters to agencies, organizations, 
and individuals who have previously indicated their interest in such 
activities.
    Public comment. Public comments about this proposal are requested 
in order to assist in scoping issues properly, determining how to best 
manage the resources, and analyzing environmental effects fully. 
Comments received to this notice, including names and addresses of 
those who comment, 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 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. 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 filed with the Environmental 
Protection Agency (EPA), and made available for public review by July 
2003. The commend period on the draft EIS will be 45 days from the date 
the EPA publishes the notice of availability in the Federal Register. 
The final EIS is scheduled to be available October 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.

[[Page 22675]]

    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 Forest Service is the lead agency. The responsible official is 
the Forest Supervisor, for the Wallowa-Whitman National Forest. The 
responsible official will decide which, if any, of the proposed 
projects will be implemented and will document the Monument Fire 
Recovery Project-Whitman Unit decision and rationale for the decision, 
in the Record of Decision. That decision will be subject to Forest 
Service Appeal Regulations (36 CFR part 215).

    Dated: April 21, 2003.
John C. Schuyler,
Deputy Forest Supervisor.
[FR Doc. 03-10501 Filed 4-28-03; 8:45 am]
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