[Federal Register Volume 68, Number 241 (Tuesday, December 16, 2003)]
[Notices]
[Pages 69984-69985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30953]


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DEPARTMENT OF AGRICULTURE

Forest Service


18 Fire Recovery Project, Deschutes National Forest, Deschutes 
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 salvage dead and severely 
damaged trees, and plant trees and other vegetation to assist in the 
restoration of the area burned in the 18 Fire on the Bend/Fort Rock 
Ranger District of the Deschutes National Forest. The 18 Fire, located 
about 3.5 miles southeast of Bend, Oregon, burned approximately 3,810 
acres, outside of the range of the northern spotted owl, 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 January 16, 2004.

ADDRESSES: Send written comments to Walter C. Schloer, Jr., District 
Ranger, Bend/Fort Rock Ranger District, 1230 NE. Third Street, Suite 
262A, Bend, Oregon 97701.

FOR FURTHER INFORMATION CONTACT: Mark Macfarlane, Environmental 
Coordinator, 1230 NE. Third Street, Suite 262A, Bend, Oregon 97701. 
Phone: 541-383-4769. E-mail: [email protected].

SUPPLEMENTARY INFORMATION: Purpose and Need. An estimated 76 percent of 
the fire occurred within the Deer Habitat Management Area of the 
Deschutes National Forest Land and Resource Management Plan (Forest 
Plan). The remaining portion of the fire burned within the General 
Forest (23 percent)

[[Page 69985]]

and Scenic Views (1 percent) Management Areas. An estimated 2,500 acres 
burned at a moderate to high intensity with tree mortality of between 
75 and 100 percent.
    Timber salvage is needed to recover economic value and to provide 
funds to offset the costs of reforestation and restoration is an 
important emphasis of these management areas. Adjacent seed sources are 
no longer available in many areas, particularly within the interior 
areas of the fire. Based on shrub response within adjacent wildfires, 
interior areas with high tree mortality would require reforestation by 
planting ponderosa pine. Planting would establish a ponderosa pine 
forest that is desirable for long-term objectives such as hiding cover 
for big game and restoration of habitat for forest dependent species. 
Lowering fuel loadings to a level that reduces the likelihood of a high 
severity fire in regenerated stands would promote the long-term 
survival and growth of new conifers. 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.
    Proposed Action This action includes timber salvage and fuels 
reduction on approximately 2,030 acres. Fuels reduction would consist 
of whole tree removal. Salvage is only proposed in areas that 
experienced more than 75 percent mortality. An estimated 4 miles of 
temporary roads would be needed to remove the salvaged material. 
Ponderosa pine would be planted on 2,400 acres, including 2,030 acres 
of salvaged land.
    Scoping. Public participation will be sought at several points 
during the analysis, including listing of this project in the winter 
2003 and subsequent issues of the Central Oregon Schedule of Projects 
and on the Deschutes National Forest website. Agencies, organizations, 
tribes, and individuals who have indicated their interest would be 
contacted.
    Issues and Alternatives. Preliminary issues identified include the 
potential effect of the proposed action on: soil productivity, snag and 
down wood habitat, 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, 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 decisions 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 April 2004. 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 July 2004.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court ruling 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 on 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 18 Fire Recovery 
Project 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: December 5, 2003.
Kevin Martin,
Deputy Forest Supervisor.
[FR Doc. 03-30953 Filed 12-15-03; 8:45 am]
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