[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Notices]
[Pages 51403-51405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17651]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Washington Office; Fire and Aviation Management; Nationwide 
Aerial Application of Fire Retardant on National Forest System Land 
SEIS

AGENCY: Forest Service, Agriculture (USDA).

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

-----------------------------------------------------------------------

SUMMARY: The USDA Forest Service is preparing a programmatic 
Supplemental Environmental Impact Statement (SEIS) for the Nationwide 
Aerial Application of Fire Retardant on National Forest System Land. 
The direction in the SEIS

[[Page 51404]]

will apply to use of aerially delivered fire retardant on all National 
Forest System land. The responsible official for this action is the 
Deputy Chief of the National Forest System.

DATES: The draft Supplemental EIS is expected September 2020 and the 
final EIS is expected September 2021.

FOR FURTHER INFORMATION CONTACT: Laura Conway (Natural Resource 
Specialist) by email at [email protected] or by phone at 406-329-
3956, between 8:00 a.m. and 4:30 p.m., Mountain Time, Monday through 
Friday. Individuals who use telecommunication devices for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The overall purpose in the Aerial Application of Fire Retardant on 
National Forest System Land Environmental Impact Statement has not 
changed. Adopting the proposed action would give the Forest Service the 
ability to reduce future wildfire intensities and rates of spread under 
certain circumstances until ground forces can safely take suppression 
action over the duration of an incident. High fire intensities and 
rates of spread greatly reduce the ability of ground-based firefighters 
to safely fight wildland fires. In addition, the remote locations and 
rugged topography associated with many wildland fires can delay the 
deployment of ground forces for suppression. In some situations, 
firefighters need the ability to quickly reduce rates of spread and 
intensities of wildland fires, often in remote locations, until ground 
forces can safely take suppression action or until a wildfire is 
contained or controlled. The purpose of Supplementing the Environmental 
Impact Statement is to address new information and changed conditions 
since the signed decision in 2011.

Proposed Action

    This proposal would allow aerially applied fire retardants, 
included now or in the future on the Forest Service Qualified Products 
List, to be used on National Forest System lands. The current Qualified 
Products List can be found at the following website: https://www.fs.fed.us/rm/fire/wfcs/index.htm. The proposal would protect 
resources and continue to improve the documentation of retardant 
effects through reporting, monitoring, and application coordination. 
Aerial retardant drops are not allowed in mapped avoidance areas for 
Endangered Species Act Threatened, Endangered, Proposed, or Candidate 
species; mapped avoidance areas for certain Regional Forester Sensitive 
Species; or in waterways or their buffers, mapped or not, where water 
is present; or avoidance areas mapped by the local unit. This national 
direction is mandatory and would be implemented in all cases except 
where human life or public safety are threatened and retardant use in 
the avoidance area could be reasonably expected to alleviate the fire 
threat. When an application occurs inside avoidance areas for any 
reason, hereafter referred to as an intrusion, it would be reported, 
assessed for impacts, monitored, and remediated as necessary. Also 
included is direction to better protect important heritage, cultural, 
and tribal resources and sacred sites based on site specific 
recommendations.
    This alternative includes the following components: Aircraft 
Operational Guidance; Avoidance Area Mapping Requirements; Annual 
Coordination and Reporting and Monitoring Requirements; and Procedures 
for environmental clearance when there are additions to the Qualified 
Products List.

Aircraft Operational Guidance

    Operational guidance helps ensure that retardant drops are not made 
within waterways or mapped avoidance areas.
    Whenever practical, as determined by the agency administrator and 
incident commander, the Forest Service will use water, other 
suppressants, or less toxic qualified fire retardants in areas occupied 
by Endangered Species Act Threatened, Endangered, Candidate or Proposed 
species or their designated critical habitats, or habitats for Regional 
Forester Sensitive Species. Some of these species and habitats require 
that only water be used to protect their habitat and populations; these 
habitats and populations have been mapped as avoidance areas. Incident 
commanders and pilots are required to avoid aerial application of fire 
retardant in mapped avoidance areas for designated species and habitat, 
or within the prescribed buffers on either side of waterways with water 
present.
    These guidelines shall not require pilots to fly in a manner that 
endangers their aircraft or other aircraft or structures, or that 
compromises the safety of ground personnel or the public.
     Operational guidance to ensure retardant drops are not 
made within prescribed buffers on either side of waterways or within 
mapped avoidance areas for species:
    Medium/Heavy Airtankers, Single Engine Airtankers, and Helicopters: 
When approaching mapped avoidance areas, waterways, or riparian 
vegetation visible to the pilot, the pilot will terminate the 
application of retardant approximately 300 feet before reaching the 
mapped avoidance area or waterway. When flying over a mapped avoidance 
area waterway, or riparian vegetation, the pilot will wait one second 
after crossing the far border of an avoidance area or bank of a 
waterway before applying retardant. Pilots will make adjustments for 
airspeed and ambient conditions such as wind to avoid the application 
of retardant within the prescribed buffer zone or mapped avoidance 
areas.
     Protection of cultural resources, including historic 
properties, traditional cultural resources, and sacred sites:
    These resources cannot be mapped using a national protocol or 
addressed with a standard prescription that would apply to all 
instances. Therefore, they will be given case-by-case consideration 
when ordering the aerial application of fire retardant. As necessary, 
incident commanders would consider the effects of aerial applications 
on known or suspected historic properties, any identified traditional 
cultural resources, and sacred sites. Cultural resources specialists, 
archaeologists, and tribal liaisons would assist in the consideration 
of effects and alternatives for protection.

Avoidance Areas Mapping Requirements

    Identified avoidance areas are:
     Aquatic Avoidance Areas:
    [cir] Waterways and their buffers (including but not limited to 
perennial streams, intermittent streams, lakes, ponds, identified 
springs, reservoirs, vernal pools, and riparian vegetation) where water 
is present at the time of retardant application.
    [cir] Aquatic buffer zones shall be no less than 300 feet on either 
side of a waterway.
     Endangered Species Act Threatened, Endangered, Proposed, 
and Candidate Species and Regional Forester Sensitive Species Avoidance 
Areas:
    [cir] Where aerial application of fire retardant may affect one or 
more federally listed threatened, Endangered, Proposed or Candidate 
plant or animal species or critical habitat, specify avoidance areas to 
minimize impacts.
    [cir] Where aerial application of fire retardant may impact certain 
Regional Forester Sensitive Species or their

[[Page 51405]]

habitat, specify avoidance areas to minimize impacts.
    [cir] Mapping of waterways that are dry at the time of retardant 
application is not required, but may be included in avoidance areas 
where there is a potential for downstream indirect effects to occur.
    [cir] Avoidance Areas may be adjusted for local conditions. 
Adjustments related to Endangered Species Act threatened, Endangered, 
Proposed, and Candidate species will be coordinated with the local 
offices of the United States Department of Interior Fish and Wildlife 
Service and National Oceanic and Atmospheric Administration National 
Marine Fisheries Service, hereinafter referred to as the Services.
    All forests and grasslands would review and update maps annually, 
following current national mapping protocols.

Annual Coordination

    The Forest Service would coordinate annually with:
     Local services offices;
     Aviation managers and pilots; and
     Cooperators/other agencies.
    Coordination would ensure requirements of the provisions of the 
proposal are met, maintain relationships, and allow resolutions of 
problems at the lowest level. Guidance on coordination meetings would 
be provided in an implementation guide.

Reporting and Monitoring Requirements

    The Forest Service would maintain a database for reporting 
intrusions of aerially applied fire retardant into avoidance areas. 
Intrusion reporting requirements would be described in an 
implementation guide, including requirements of upward reporting to the 
Services for an intrusion report into an avoidance area for a 
Threatened, Endangered, Proposed, or Candidate species or critical 
habitat. Annually, the Forest Service would provide summary reports of 
retardant use and intrusions, as well as a listing of intrusions and a 
summary of observations and actions for each intrusion.
    If a retardant drop occurs on a cultural resource, a traditional 
cultural property, or a sacred site, then the site condition would be 
assessed by a qualified archaeologist and reported to the State 
Historic Preservation Officer and, if appropriate, tribal 
representatives including the Tribal Historic Preservation Officer. If 
the affected resource is a sacred site, or a traditional cultural 
property, then tribal notification and consultation would be required 
as part of the determination of effects. If the effect is found to be 
adverse, then the agency would consult with the tribe to determine an 
appropriate course of action to mitigate or resolve the adverse effect.

Procedures when there are Additions to the Qualified Products List

    Private companies submit retardants to the Forest Service for 
qualification. New products or new formulations of existing products 
must meet the Forest Service specification for long-term retardant 
(United States Department of Agriculture, Forest Service, Specification 
5100-304d Long-term Retardant, Wildland Firefighting, posted January 7, 
2020 at: https://www.fs.fed.us/rm/fire/wfcs/ret.htm) before they are 
included on the Qualified Products List. Any retardant that meets the 
specifications and is added to the Qualified Products List is included 
in this proposal. In addition, Endangered Species Act requirements will 
be met as follows:
     Products or new formulations that have the same or similar 
constituents as evaluated in the biological assessment and biological 
opinions, and do not exceed the upper limits of those components do not 
require additional consultation. The Services will be notified of 
additions to the Qualified Products list.
     Products or new formulations that do not meet the above 
criteria will result in re-initiation of consultation with the 
Services. The product is not eligible for the Qualified Products List 
until all required tests and consultation are completed.

Responsible Official

    The responsible official will be Chris French, Deputy Chief, Forest 
System.

Nature of Decision To Be Made

    The decision to be made is whether to continue aerial application 
of fire retardant, and if so, whether to do so under the proposed 
action or any potential alternatives.

    Authority: 36 CFR 220.5.

Allen Rowley,
Associate Deputy Chief, National Forest System.
[FR Doc. 2020-17651 Filed 8-19-20; 8:45 am]
BILLING CODE 3411-15-P