[Federal Register Volume 69, Number 154 (Wednesday, August 11, 2004)]
[Notices]
[Pages 48838-48839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18328]


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DEPARTMENT OF AGRICULTURE

Forest Service


Umatilla National Forest, Garfield County, Washington; Upper 
Charley Subwatershed Ecosystem Restoration Projects

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a supplemental environmental impact 
statement.

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SUMMARY: This notice of intent initiates a Umatilla National Forest 
Land and Resource Management Plan amendment to incorporate the Lynx 
Conservation Assessment and Strategy (LCAS, August 2000) in support of 
the site-specific project called Upper Charley Subwatershed Ecosystem 
Restoration Projects (Federal Register, vol. 67, no. 91, page 31801).

DATES: Comments concerning this proposed action must be received by 
September 20, 2004. The draft environmental impact statement is 
expected November 2004 and the final environmental impact statement is 
expected spring 2005.

ADDRESSES: Send written comments to the Responsible Official, Jeff 
Blackwood, Forest Supervisor, Umatilla National Forest, 2517 S.W. 
Hailey Avenue, Pendleton, OR 97801. Send electronic comments to: 
[email protected]. For further information, 
mail correspondence to Monte Fujishin, District Ranger, Pomeroy Ranger 
District, 71 West Main Street, Pomeroy, WA 99347.

FOR FURTHER INFORMATION CONTACT: See above address.

SUPPLEMENTARY INFORMATION:

Background

    Canada lynx (Lynx Canadensis) was listed by U.S. Fish and Wildlife 
Service as a threatened species under the Endangered Species Act on 
March 24, 2000 (Federal Register, vol. 65, no. 58). In the final rule, 
U.S. Fish and Wildlife Service concluded National Forest Land and 
Resource Management Plans lack guidance for the conservation of lynx. 
In August 2000 the USDA Forest Service, USDI Bureau of Land Management, 
and USDI Fish and Wildlife Service issued ``The Lynx Conservation 
Assessment and Strategy'' (LCAS) to provide a consistent and effective 
approach to conserve lynx on federal lands.
    The notice of intent to prepare an Environmental Impact Statement 
for Upper Charley Subwatershed Ecosystem Restoration Projects appeared 
in the Federal Register on August 25, 1998 (vol. 63, no. 164, pages 
45220-45222). Notification of the Draft Environmental Impact Statement 
was printed in the Federal Register on April 21, 2000 (vol. 65, no. 78, 
page 21418). On May 10, 2002, Pomeroy District Ranger Monte Fujishin 
issued a Final Environmental Impact Statement and Record of Decision 
for Upper Charley Subwatershed Ecosystem Restoration Projects (Federal 
Register, vol. 67, no. 91, page 31801). On May 21, 2003 Oregon Natural 
Resources Council Fund (ONRC) filed a complaint in U.S. District Court 
against Linda Goodman, Regional Forester, Pacific Northwest Region; and 
United States Forest Service. The complaint stated the Umatilla Land 
and Resource Management Plan (Forest Plan) lacks guidance for the 
conservation of Canada lynx. Forest Supervisor, Jeff Blackwood decided 
to amend the Forest Plan and begin the amendment process with this 
Notice of Intent to prepare a Draft Supplemental Environmental Impact 
Statement. The supplemental statement will provide additional analysis 
and documentation in support of the May 2002 Upper Charley Subwatershed 
Ecosystem Restoration Projects Final Environmental Impact Statement.

Purpose and Need for Action

    The Forest Plan amendment will provide management direction 
(objectives, standards, and guidelines) to guide the conservation of 
Canada lynx consistent with new science and the Endangered Species Act. 
Specific management direction needs to be added to fulfill our 
obligations under the Endangered Species Act as applied

[[Page 48839]]

to the site-specific project called Upper Charley Subwatershed 
Ecosystem Restoration Projects.

Proposed Action

    Forest Service proposes to amend the Umatilla Forest Plan to 
incorporate applicable conservation measures (objectives, standards, 
and guidelines) from the Lynx Conservation Assessment and Strategy only 
for the site-specific projected called Upper Charley Subwatershed 
Ecosystem Restoration Projects located in Umatilla National Forest.

Possible Alternatives

    All alternatives described in Chapter 2 of the May 2002 FEIS remain 
unchanged except for an amendment to incorporate applicable 
conservation measures from the Lynx Conservation Assessment and 
Strategy. Alternatives are described in detail on pages II-2 through 
II-30 in the May 2002 Upper Charles FEIS.

Responsible Official

    Jeff Blackwood, Forest Supervisor, Umatilla National Forest, 2517 
S.W. Hailey Avenue, Pendleton, OR 97801.

Nature of Decision To Be Made

    Whether or not Forest Supervisor, Jeff Blackwood, should amend the 
Umatilla Forest Plan and incorporate applicable conservation measures 
(objectives, standards, and guidelines) from ``The Lynx Conservation 
Assessment and Strategy, 2nd Edition, August 2000''.

Issues

    Key issues are described in detail on pages I-12 through I-16 in 
the May 2002 Upper Charley FEIS and include: Effects of the proposed 
activities on (1) ecosystem sustainability, (2) big game habitat, (3) 
water quality and fish habitat, and (4) how should roads be managed in 
the Upper Charley analysis area.

Comments Requested

    This notice of intent initiates the 30-day scoping process that 
will guide development of a supplement to Upper Charley Subwatershed 
Ecosystem Restoration Projects FEIS. We are seeking comments on a 
forest plan amendment to incorporate LCAS conservation measures, and 
revalidate comments previously received for Upper Charley DEIS.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement will be prepared for 
comment. The comment period on the draft environmental impact statement 
will be 45 days from the date the Environmental Protection Agency 
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 
draft environmental impact statements 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 environmental impact statement stage but that are not raised 
until after completion of the final environmental impact statement 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 environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
environmental impact statement 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 
environmental impact statement of 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.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)

    Dated: August 5, 2004.
Jeff D. Blackwood,
Forest Supervisor.
[FR Doc. 04-18328 Filed 8-10-04; 8:45 am]
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