[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Notices]
[Pages 19414-19415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7395]


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DEPARTMENT OF AGRICULTURE

Forest Service


Ochoco National Forest, Lookout Mountain Ranger District; Oregon; 
Maury Mountains Allotment Management Plan EIS

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Ochoco National Forest is preparing an environmental 
impact statement (EIS) to analyze the effects of changing grazing 
management in six allotments in the Maury Mountains. These six 
allotments are: Double Cabin, East Maury, West Maury, Klootchman, 
Sherwood, and Shotgun. The proposed action will alter livestock 
management to improve stream shade, bank stability, and livestock 
distribution. These actions are needed to promote the recovery of 
riparian vegetation which will provide stream shade and contribute to 
stream bank stability.

DATES: Comments concerning the scope of the analysis must be received 
by May 1, 2005. The draft environmental impact statement is expected to 
be completed and available for public comment in August 2005. The final 
environmental impact statement is expected to be completed in December 
2005.

ADDRESSES: Send written comments to Art Currier, District Ranger, 
Lookout Mountain District, Ochoco National Forest, 3160 NE Third 
Street, Prineville,

[[Page 19415]]

Oregon 97754. Alternatively, electronic comments can be sent to 
[email protected]. Electronic comments must be 
submitted as part of the actual e-mail message, or as an attachment in 
plain text (.txt), Microsoft Word (.doc), rich text format (.rtf), or 
portable document format (.pdf).

FOR FURTHER INFORMATION CONTACT: Kevin Keown, Project Leader, at the 
address listed above.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The purpose of this proposal is to reauthorize livestock consistent 
with Forest Plan standards and guidelines. There is a need to change 
livestock management to move towards desired conditions for stream 
shade and bank stability. Based on surveys many of the streams do not 
meet the desired condition for shade or bank stability. Livestock 
grazing is one of the factors that contribute to low levels of shade 
and unstable stream banks.

Proposed Action

    The Lookout Mountain Ranger District is proposing to reauthorize 
livestock grazing on the Double Cabin, East Maury, Klootchman, 
Sherwood, and Shotgun allotments. The 2-pasture West Maury allotment 
would be eliminated; the Gibson pasture would be added to the Sherwood 
allotment and the Hamer pasture would be added to the Klootchman 
allotment. The reauthorized grazing permits will contain terms and 
conditions to better distribute livestock and allow recovery of 
riparian vegetation. The grazing systems would change for most of these 
allotments. The number of animal unit months (AUMs) would be reduced on 
the Double Cabin, Klootchman, and Shotgun allotments. The season of use 
would be adjusted and cattle grazing would not occur before May 1 or be 
allowed after August 15 each year. This early on/early off schedule 
would reduce livestock grazing in riparian areas. New structural range 
improvements including fencing and spring developments would be 
authorized. Several existing water troughs would be relocated outside 
of riparian areas. These activities are designed to improve livestock 
distribution.

Possible Alternatives

    At this time, the Forest Service intends to analyze a minimum of 
three alternatives. The no action alternative will analyze the effects 
of no grazing. The proposed action will analyze the effects of 
continued livestock grazing with a modified season of use, change in 
grazing systems, new structural range improvements, and relocating 
troughs outside riparian areas. The third alternative being considered 
at this time would analyze the effects of continued livestock grazing 
under the same terms and conditions as the existing term grazing 
permits.

Responsible Official

    The Responsible Official is Art Currier, District Ranger, Lookout 
Mountain Ranger District, at the address listed above.

Nature of Decision To Be Made

    The District Ranger will decide whether to reauthorize livestock 
grazing on the Double Cabin, East Maury, Klootchman, Sherwood, and 
Shotgun allotments. If livestock grazing is authorized, the District 
Ranger will decide what terms and conditions are needed to move the 
existing condition of resources affected by livestock grazing toward 
the desired condition described in the Ochoco National Forest Land and 
Resource Management Plan.

Scoping Process

    Scoping for this proposal began on March 14, 2005, when letters 
were mailed to interested and potentially affected persons and 
organizations. Scoping letters were also sent to state and local 
government agencies, as well as Tribal Governments.

Comment Requested

    This notice of intent continues the scoping process which guides 
the development of the environmental impact statement. The Forest 
Service is seeking information and comments from other agencies, 
organizations, Native Americans, and individuals who may be interested 
in or affected by the Proposed Action. Comments will be used to 
determine key issues and develop alternatives to the proposed action. 
Comments would be most helpful if they are specific to the proposed 
changes; provide new information specific to the proposed action; 
identify a different way to meet the purpose and need (e.g., a new 
alternative); or identify possible mitigation measures.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement will be prepared for 
comment. The draft EIS will be filed with the Environmental Protection 
Agency (EPA) and available for public review by August 2005. The 
comment period on the draft EIS will begin when the EPA publishes the 
notice in the Federal Register. The comment period will last for 45 
days.
    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 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 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 statements 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.
    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.

    Dated: April 1, 2005.
Arthur J. Currier,
District Ranger.
[FR Doc. 05-7395 Filed 4-12-05; 8:45 am]
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