[Federal Register Volume 68, Number 180 (Wednesday, September 17, 2003)]
[Notices]
[Pages 54415-54416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23679]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 68, No. 180 / Wednesday, September 17, 2003 / 
Notices  

[[Page 54415]]



DEPARTMENT OF AGRICULTURE

Forest Service


Davis Fire Recovery Project, Deschutes National Forest, Deschutes 
and Klamath Counties, 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 salvage dead and severely 
damaged trees, utilize small diameter forest products, and plant trees 
to assist in the restoration of the area burned in the Davis Fire on 
the Crescent Ranger District of the Deschutes National Forest. The 
Davis Fire, located about 10 miles west of La Pine, Oregon, burned 
approximately 21,000 acres, entirely on National Forest System Lands. 
The alternatives will include the proposed action, no action, and 
additional alternatives that respond to issues generated during the 
scoping process. The agency will give notice of the full environmental 
analysis and decision making process so interested and affected people 
may participate and contribute to the final decision.

DATES: Comments concerning the scope of the analysis must be received 
by October 15, 2003.

ADDRESSES: Send written comments to Phil Cruz, District Ranger, 
Crescent Ranger District, P.O. Box 208, Crescent, Oregon 97733.

FOR FURTHER INFORMATION CONTACT: Chris Mickle, Environmental 
Coordinator, P.O. Box 208, Crescent, Oregon, 97733, phone 541 433-3200. 
E-mail [email protected].

SUPPLEMENTARY INFORMATION: Purpose and Need. More than half of the fire 
occurred within the Davis Late Successional Reserve (LSR) and about 
7,700 acres of that was at high or moderate intensity. The Northwest 
Forest Plan states ``Late Successional Reserves are to be managed to 
protect and enhance conditions of late-successional and old-growth 
forest ecosystems, which serve as habitat for late-successional and 
old-growth related species * * *'' (C-11). The purpose of entering the 
fire area within the Davis LSR is to facilitate late-successional 
habitat recovery.
    Following catastrophic fire three management activities can improve 
habitat recovery. These activities are--(1) Reforestation and 
Regeneration--Natural regeneration of conifer species after a fire is 
dependent upon seed disperal from healthy trees. In many areas, 
particularly within the interior areas of the fire, adjacent seed 
sources are no longer available. In order to expedite recovery,these 
areas may require reforestation by planting. Ponderosa pine and 
Douglas-fir are the main species desired within most of the project 
area. Replanting with the appropriate species will ensure timely 
establishment of species desirable for long-term objectives. The 
lodgepole pine flat area south of Davis Lake would see natural 
regeneration over time, but there is a need to accelerate the rate of 
reforestation. (2) Fuel Levels and Fire Risk--Lowering fuel loadings to 
a level that reduces the likelihood of stand-replacement fire in 
regenerated stands, particularly during the early stages of stand 
development, would promote the long-term survival and growth of new 
conifers. The impacts to soils from another fire could be severe with 
the current amount of dead wood that would become surface fuel. A fire 
in heavy surface fuels could increase the duration of elevated 
temperatures during a fire event to levels capable of altering soil 
properties and affecting site productivity. (3) Management of Newly 
Established Forest--Many forested stands within the fire area were 
overly dense where they had not been recently managed. It is predicted 
most of the dead trees will fall by the time regenerated stands are 
ready to be thinned. Removing the dead trees now would facilitate 
active management within new stands, accelerating growth and vigor of 
the trees.
    The remainder of the fire (approximately 9,000 acres or 45%) 
occurred in Matrix or Administratively Withdrawn allocations, or was 
outside the Northwest Forest Plan area. Fire intensity was categorized 
as high or moderate over about 5,500 acres. The purpose of the salvage 
in these areas is similar to the purpose of salvage in the LSR, but 
with more emphasis on recovering the economic value of merchantable 
timer from trees that were killed or severely damaged. Reduction of 
fuels remaining on site would benefit the establishing stands at the 
next entry of fire.
    Proposed Action. This action includes salvage of commercial timber 
on approximately 6,570 acres. Fuels reduction (approximately 13,000 
acres) and reforestation (approximately 15,6000 acres) are also 
proposed across the fire area, including the areas of commercial 
salvage. Salvage is proposed in ares that burned the most intense where 
tree mortality is certain. Fuels reduction activities would include 
cutting of non-commercial small diameter trees, mechanical and/or hand 
piling of material, and disposal of piles by either utilization or 
burning. The proposal includes less than 5 miles of construction of 
temporary roads necessary to provide access for salvage operations. Any 
temporary roads constructed would be obliterated following their use. 
No new permanent road construction is proposed.
    Scoping. Public participation will be sought at several points 
during the analysis, including listing of this project in the Fall 2003 
and subsequent issues of the Central Oregon Schedule of Projects and on 
the Deschutes National Forest website. Also, correspondence with 
agencies, organizations, tribes, and individuals who have indicated 
their interest would be conducted.
    Issues. Preliminary issues identified include the potential effect 
of the proposed action on: soil productivity; water quality and fish 
habitat; wildlife habitat (especially threatened and endangered 
species); snags and down wood habitat; cultural resources; views along 
a designated scenic byway; and noxious weeds. A No Action alternative 
will be analyzed in the EIS. Other alternatives would result from the 
scoping process and refined issues.
    Comment. Public comments about this proposal are requested in order 
to assist in identifying issues, determine how to best manage the 
resources, and to focus the analysis. Comments received to this notice, 
including names and addresses of those who comment,

[[Page 54416]]

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 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 specified number of days.
    A draft EIS will be filed with the Environmental Protection Agency 
(EPA) and available for public review by January 2003. The EPA will 
publish a Notice of Availability (NOA) of the draft EIS in the Federal 
Register. The comment period on the draft EIS will be 45 days from the 
date EPA publishes the notice of availability in the Federal Register. 
The final EIS is scheduled to be available April 2004.
    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 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.
    In the final EIS, the Forest Service is required to respond to 
substantive comments received during the comment period for the draft 
EIS. The Forest Service is the lead agency and the responsible official 
is the Forest Supervisor, Deschutes National Forest. The responsible 
official will decide where, and whether or not to salvage timber, 
reduce fuels, and reforest the area. The responsible official will also 
decide how to mitigate impacts of these actions and will determine when 
and how monitoring of effects will take place.
    The Davis Fire Recovery decision and the reasons for the decision 
will be documented in the record of decision. That decision will be 
subject to Forest Service Appeal Regulations (36 CFR Part 215).

    Dated: September 10, 2003.
Kevin Martin,
Deputy Forest Supervisor.
[FR Doc. 03-23679 Filed 9-16-03; 8:45 am]
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