[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Notices]
[Pages 8174-8176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3580]


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DEPARTMENT OF AGRICULTURE

Forest Service


Invasive Plant Treatment Project--Ochoco and Deschutes National 
Forests; Oregon

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) to document and disclose the potential environmental 
effects of proposed invasive plant treatment activities on the Ochoco 
and Deschutes National Forest. This project evaluates site specific 
treatments of invasive plants, including manual, mechanical, chemical 
and biological control treatment methods.

DATES: Comments concerning the scope of this analysis should be 
received no later than April 5, 2004.

ADDRESSES: Submit written comments to: Invasive Plant Team, USDA Forest 
Service, P.O. Box 3623, Portland, OR 97208-3623.

FOR FURTHER INFORMATION CONTACT: Eugene Skrine, Team Leader, Invasive 
Plant EIS Project, USDA Forest Service, P.O. Box 3623, Portland, OR 
97208-3623 or by calling (503) 808-2685.

SUPPLEMENTARY INFORMATION:

Need for the Proposal

    Approximately 10,000 acres of forests and grasslands are degraded 
on the Ochoco and Deschutes National Forests by infestations of 
invasive, non-native plants. These infestations are situated on about 
2500 individual locations or sites. These infestations have a high 
potential to expand and further degrade forests and grasslands. 
Infested areas represent potential seed sources for further invasion 
onto neighboring lands.
    Invasive plants are compromising our ability to manage the National 
Forests for a healthy native ecosystem. Invasive plants create a host 
of environmental and other effects, most of which are harmful to native 
ecosystem processes, including: displacement of native plants; 
reduction in functionality of habitat and forage for wildlife and 
livestock; loss of threatened, endangered, and sensitive species; 
increased soil erosion and reduced water quality; alteration of 
physical and biological properties of soil, including reduced soil 
productivity; changes to the intensity and frequency of fires; high 
cost (dollars spent) of controlling invasive plants; and loss of 
recreational opportunities.

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Proposed Action

    The USDA Forest Service Ochoco and Deschutes National Forests, 
propose to treat areas infested with invasive plants. We estimate the 
cumulative treatment area to be 10,000 acres, including approximately 
3,000 acres by manual treatment, 500 acres by mechanical treatment, and 
6,500 acres by chemical treatment. The proposed treatments will be 
conducted in compliance with Forest Plan direction to enhance our 
ability to protect native ecosystems from invasive, non-native plants. 
Some of the treated areas are small in size , while others are somewhat 
extensive. Treatment methods will employ manual, mechanical, chemical, 
and biological control methods. Selection of treatment methods is based 
on information such as the biology of particular invasive plant 
species, site location, and size of the infestation. Long-term site 
goals will be established for infested areas, taking into consideration 
treatment options, monitoring and revegetation feasability.

Proposed Scoping

    Public participation is an important part of this analysis. The 
Forest Service is seeking information, comments, and assistance from 
Federal, State and local agencies, tribes, and other individuals or 
organizations who may be interested in or affected by the proposed 
action. Comments submitted during the scoping process should be in 
writing. They should be specific to the action being proposed and 
should describe as clearly and completely as possible any issues the 
commenter has with the proposal. This input will be used in preparation 
of the draft EIS.
    To facilitate public participation additional scoping opportunities 
will include: a scoping letter, public meetings (dates and locations 
yet to be determined), newsletters, and a Web site (www.fs.fed.us/r6/
invasiveplant-eis/multiforest-sitespecific-information.htm).

Preliminary Issues Identified to Date

    Preliminary issues associated with the Proposed Action include:
     Human Health--Implementation of treatment 
methods (particularly herbicides) designed to manage invasive plants 
may pose risks to the health and safety of workers and the public.
     Threatened, Endangered and Sensitive Species--
The treatment of invasive plants can affect Threatened, Endangered, and 
Sensitive Species.
     Aquatics--The treatment of invasive plants, 
particularily with herbicides, can affect aquatic ecosystems, including 
water quality and watershed health.
     Tribes and Treaty Rights--The treatment of 
invasive plants has potential to affect plants considered culturally 
important to American Indian Tribes.
     Recreation--The treatment of invasive plants can 
affect recreation on the Forests.
     Wildlife--The treatment of invasive plants has 
potential to affect wildlife.

Preliminary Alternatives

    The No Action alternative will serve as a baseline for comparison 
of alternatives. This alternative will offer no treatment of affected 
sites. It will be fully developed and analyzed. Additional alternatives 
may be developed around the proposed action to address key issues 
identified in the scoping and public involvement process. An adaptive 
management approach may be considered as an alternative.

Estimated Dates for Draft and Final EIS

    The draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and to be released for public comment by 
September 2004. The comment period on the draft EIS will end 45 days 
from the date the EPA publishes the notice of availability in the 
Federal Register.
    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 
the 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 
objectives that could be raised at the draft EIS stage but that are not 
raised until after the 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 Heritage, Inc. v. Harris, 490 F. Supp. 
1334 [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 the 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 alternatives 
formulated and discussed in the statement. Reviewers may wish to refer 
to the Council on Environmental Quality Regulations for implementing 
the procedural provision of the National Environmental Policy Act (40 
CFR 1503.3) in addressing these points.
    Comments received in response to this solicitation, 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 may 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.
    Comments on the draft EIS will be analyzed, considered, and 
responded to by the Forest Service in preparing the final EIS. The 
final EIS is scheduled to be completed in February 2005. There will be 
two responsible officials for this multiforest EIS. Duties of the 
Responsible Official will be shared between Leslie Weldon, Forest 
Supervisor of the Deschutes National Forest, and Larry Timchak, Forest 
Supervisor of the Ochoco National Forest. They will consider comments, 
responses, and environmental consequences discussed in the final EIS, 
and applicable laws, regulations, and policies in making a decision 
regarding this proposed action. The responsible officials will document 
the decision and rationale for the decision in the Record of Decision. 
It will be subject to Forest Service Appeal Regulations (36 CFR Part 
215).


[[Page 8176]]


    Dated: February 12, 2004.
Jim Golden,
Deputy Regional Forester, Pacific Northwest Region.
[FR Doc. 04-3580 Filed 2-20-04; 8:45 am]
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