[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Notices]
[Pages 8338-8339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-841]


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DEPARTMENT OF AGRICULTURE

Forest Service


Umatilla National Forest; Columbia and Garfield Counties, WA; 
Notice of Intent To Prepare a Supplemental Environmental Impact 
Statement (SEIS) To Amend the Umatilla National Forest Land and 
Resource Management Plan for the Purposes of Implementing the School 
Fire Salvage Recovery Project

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Umatilla National Forest Supervisor is proposing a non-
significant amendment to the Umatilla National Forest Land and Resource 
Management Plan (LRMP) as amended by Regional Forester Amendment 
2 (``Eastside Screens'') to include a definition of ``live'' 
trees for the School Fire Salvage Recovery Project. The proposed 
amendment would adopt a scientific metod for determining live trees.

DATES: Under 40 CFR 1502.9(c)(4), there is no formal scoping period for 
this proposed action. The supplemental draft environmental impact 
statement is expected March 1, 2007 and the final environmental impact 
statement is expected June 1, 2007.

ADDRESSES: Send written comments to the Responsible Official, Kevin 
Martin, Forest Supervisor, Umatilla National Forest, 2517 S.W. Hailey 
Avenue, Pendleton, OR 97801. Send electronic comments to: [email protected].

FOR FURTHER INFORMATION CONTACT: Dean R. Millett, Project Team Leader, 
Pomeroy Ranger District, 71 West Main Street, Pomeroy, WA 99347, phone 
(509) 843-1891, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The Umatilla NF needs ``to salvage harvest [bured timber] as 
rapidly as practicable before decay and other wood deterioration occurs 
to maximize potential economic benefits'' as identified in School Fire 
Recovery Project FEIS at 1-4. The 9th Court of Appeals recently held in 
The Lands Council, No. 06-35781 (9th Cir.) (Feb. 12, 2007) that the 
term ``live tree'' includes all trees that are not dead, giving the 
term its plain meaning. Op. at 12. This definition, which does not 
reflect the Forest Service practice and interpretation that a live tree 
must be expected to live greater than five years (citation), prevents 
the achievement of the need stated above.
    The Proposed Action would amend the Forest Plan for the School 
Project Area to adopt a definition of ``live'' and allow the School 
Fire Recovery Project Record of Decision to be fully implemented.

Proposed Action

    The Umatilla National Forest Supervisor proposes a non-significant 
Forest Plan amendment to Regional Forester's Amendment 2 to 
the Umatilla LRMP (``Eastside Screens'') to include a definition of 
``live'' trees as used in the wildlife standard No. 6d.2)a). This 
amendment would apply only to the School Fire Salvage Recovery Project 
on the Pomeroy Ranger District.
    The amended standard would read as follows: (a) Maintain all 
remnant late and old seral and/or structural live trees >=21'' diameter 
at breast height that currently exist within stands proposed for 
harvest activities. A live tree is defined as a tree rated to have a 
high probability to survive the effects of a fire as determined by the 
``Factors Affecting Survival of Fire Injured Trees: A Rating System for 
Determining Relative Probability of Survival of Conifers in the Blue 
and Wallowa Mountains'' (Scott et al. 2002, as amended) (commonly 
referred to as the Scott Guidelines).

Responsible Official

    Kevin Martin, Forest Supervisor, Umatilla National Forest, 2517 
S.W. Hailey Avenue, Pendleton, OR 97801.

Nature of Decision To Be Made

    To amend the Umatilla LRMP as proposed or take no action at this 
time.

Scoping Process

    No scoping will be conducted for this SEIS pursuant to 40 CFR 
1502.9(c)(4).

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 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 address of those who 
comment, will be considered part of the

[[Page 8339]]

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: February 20, 2007.
Kevin Martin,
Forest Supervisor.
[FR Doc. 07-841 Filed 2-23-07; 8:45 am]
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