[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Notices]
[Pages 3678-3680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1583]
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DEPARTMENT OF AGRICULTURE
Forest Service
Cave Rock Management Direction, Lake Tahoe Basin Management Unit
(LTBMU), Douglas County, NV
AGENCY: Forest Service, USDA.
ACTION: Notice, intent to prepare environmental impact statement.
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SUMMARY: The Forest Service will prepare an environmental impact
statement (EIS) to establish new management direction for the Cave Rock
landform and its environs, a nonsignificant amendment to the Lake Tahoe
Basin Management Unit's (LTBMU's) Land and Resource Management Plan
(Forest Plan). Cave Rock is an important archaeological and
ethnographic site that was first determined eligible to the National
Register of Historic Places in August, 1996, as a ``traditional
cultural property'' (TCP) stemming from the long association of the
Washoe people with the site. In October, 1998, the Keeper of the
National Register formally determined that Cave Rock was not only
eligible as a TCP, but also as a historic transportation district and
an archaeological site. Some modern uses of the rock may be adversely
affecting the setting, feel, and association of the historic districts.
The Cave Rock management direction will establish
[[Page 3679]]
appropriate uses of the national forest in the Cave Rock vicinity.
DATES: Agencies and the public are invited to participate at any stage
of the process; however, the Forest Supervisor requests that
individuals concerned with the scope of the analysis comment by March
1, 1999.
ADDRESSES: Written comments concerning the Draft EIS should be sent to
the responsible official, Forest Supervisor, attention: Cave Rock,
LTBMU, 870 Emerald Bay Road, Suite 1, South Lake Tahoe, California,
96150. Illustration of the Cave Rock area is available online at http:/
/www.FS.FED.US/R5/TAHOE/GRAPHICS/PRES__ACTIONS/COMMITMENTS/CAVE__ROCK
FOR FURTHER INFORMATION CONTACT: Direct questions concerning the
proposed action to Lisa O'Daly, Community Planner, at (530) 573-2669 or
at the above address.
Decision To Be Made: The decision to be made for this EIS is
whether to amend the Lake Tahoe Basin Land and Resource Management Plan
to restrict human activity on the National Forest at Cave Rock in order
to protect the national Register-eligible heritage resources. If so, to
what degree should the property be protected and to what level should
use be restricted?
Purpose and Need: The proposal's purpose is protect the Cave rock
heritage resource and regulate uses there in a manner that, consistent
with mandates and restrictions of law and regulation, preserves the
physical and spiritual characteristics that make the property eligible
to the National Register of Historic Places. As a property eligible to
the National Register, the Forest Service has a responsibility to
assess the appropriateness of activities occurring at Cave Rock. Action
is needed at this time because some ongoing activities in the area may
be adversely affecting the integrity of the National Register-eligible
properties. In addition, any long-term continuation of existing use
restrictions require a National Environmental Policy Act decision to
implement. This EIS will document the Forest Supervisor's planning
process for taking into account the effects of ongoing activities on
the historic properties/sacred site.
Proposed Action: The proposed action includes the following
elements: Amend the management direction found in the Lake Tahoe Basin
Management Unit Land and Resource Management Plans' (LTBMU Forest
Plan's) Roundhill Management Area. This amendment would be considered
``nonsignificant'' pursuant to the National Forest Management Act
implementating regulations. Add as management area-specific standard
and guidelines the following text and clarify the management area map--
Public Access, including rock climbing, is allowed on the
National Forest at Cave Rock and will be managed to minimize
conflicts and impacts to the TCP and other cultural and natural
resources in the vicinity as follows:
--Manage National Forest lands at Cove Rock using the
``Maintenance'' management prescription (Prescription #9). This
prescription applies only minimal management practices to lands that
provide the scenic backdrop to Lake Tahoe. There will be almost no
management practices designed to induce additional outputs or
services.
--Recreation activities, outside the highway easement, will be
nonmotorized.
--Allow installation of improvements, such as parking, sanitation,
or access facilities, only for resource protection purposes, not for
user comfort and convenience. (No such facilities are needed or
proposed for development on the National Forest in the Cave Rock
area as this time.)
Manage rock climbing in a manner that reduces the level of its
effect to the Cave Rock TCP from that identified when the TCP was
initially determined eligible to the National Register (1996). Some
of the activities proposed below are required to achieve a baseline
that will enable the new management direction to be effective.
--All modern graffiti, historic graffiti that does not contribute to
historic districts, and rock work within the cave will be removed at
the direction of the Forest Service archaeologist, in cooperation
with designated representatives of the Washoe Tribe, where doing so
does not physically damage Cave Rock.
Prohibit installation of new climbing routes requiring
placement of additional fixed anchors left in the rock. Prohibit
climbing using artificial light.
Eliminate existing routes when they are no longer used
and where they may cause a rock to fall on the road. Accept the
assistance offered by local climbers at the 1998 collaboration
meetings in removing certain routes.
(a) The initial program of route removal includes: (1) all
routes to the left (north) of ``Bone Crusher,'' including the route
which traverses over the top of southbound Highway 50's tunnel and
``Acapulco,'' (2) ``Trash Dog,'' (3) ``Ton of Bricks,'' and (4) any
other bolts to the right of ``Asylum'' in the friable rock above
Highway 50. The rappel anchors at the top of the first pitch of
Trash Dog should be retained, as they are used to complete the route
``Pipeline.'' Rappel anchors needed to remove the above-described
fixed anchors will also be retained.
(b) Work with the climbing community to camoflage existing
brightly-colored slings and shiny carabiners to blend with the
natural colors of the rock. Encourage climbers to replace this
equipment as routes are used and during voluntary efforts towards
this purpose. If brightly colored slings remain after six months
following the official adoption of this new management direction, it
will be an indicator that the routes are not being used and the
routes will be removed.
Bolts and other fixed anchors may only be removed and
replaced as part of route maintenance activities. In the interest of
climber safety, the Forest Service will work with the climbing
community and Washoe Tribe representatives regarding development of
route maintenance guidelines. When climbers notice that a bolt or
other fixed anchor has become unsafe, they must submit a written
plan to the Forest Service requesting permission to replace the
fixed anchor. The request must include a plan for replacement,
detailing: the route and location of equipment to be replaced, the
type of equipment to be replaced and proposed replacement equipment
(e.g., replace existing shiny bolt with a powder-coated bolt), and
an explanation of the method of replacement. The Forest Service then
assesses whether the proposal uses the appropriate technology to
camoflage equipment, and will either accept the proposal as
described or make recommendations to the requestor before granting
permission to replace it. The agency will not second guess
technology related to climber safety.
Commercial activities will not be authorized within the
Cave Rock TCP.
SUPPLEMENTARY INFORMATION: This EIS is being prepared to establish
management direction to address effects from recreational and other
activities on a traditional cultural property (TCP) known as Cave Rock.
Cave Rock was determined eligible to the National Register of Historic
Places for its association with the history, beliefs, practices, and
traditions of the Washoe Tribe of California and Nevada. The Forest
Service came to this determination in 1996, and the Nevada State
Historic Preservation Officer (SHPO) and Advisory Council on Historic
preservation concurred on the determination. It was formally determined
eligible in October 1998 by the Keeper of the National Register, who at
that time also determined Cave Rock eligible as a historic
transportation district and archaeological site.
A series of short-term closure orders prohibiting damage and
defacement of Cave Rock, specifically including in the definition the
installation of any new fixed climbing hardware, have been issued since
May of 1997 by the Forest Supervisor of the LTBMU to address potential
adverse effects to the historic property.
Cave Rock is not only a property eligible to the National Register,
but it is also a sacred site to the Washoe Tribe of California and
Nevada. Many members of the Washoe Tribe object to human presence at
Cave Rock and believe that only special people, Washoe spiritual
elders, should be there. It is an area traditionally avoided
[[Page 3680]]
by other tribal members. In addition, Cave Rock has become recognized
as a unique rock climbing resource, as its southwest exposure, ready
access, and magnificent views are valued highly within the climbing
community. It offers the only high level sport climbing site in the
Lake Tahoe region and its environs, accessible year-round, and it is
internationally renown for its overhanging routes of the greatest
difficulty.
The LTBMU needs to develop new management direction for that part
of the National Forest within the Cave Rock area to protect the TCP and
other historic districts and regulate uses there in a manner that,
consistent with law and regulation, preserves the physical and
spiritual characteristics that make the property eligible to the
National Register of Historic Places. The plan would also provide for
public access consistent with Federal responsibilities to the Washoe
Tribe. As a property eligible to the National Register of Historic
Places, the Forest Service has a responsibility to assess the
appropriateness of activities occurring at Cave Rock. Section 106 of
the National Historic Preservation Act (NHPA) requires agencies to
``take into account'' the effects of their actions on historic
properties, and to allow the Advisory Council on Historic Preservation
to comment on those actions.
The ``no action'' alternative would allow continuation of current
management direction following the expiration of the current closure
order in December 1998. The types of activities conducted on Cave Rock
in recent years would continue without Forest Service interference or
regulation. Expiration of the current closure order would enable
climbers to install new bolts to create new routes.
Any additional alternatives to be considered, either in detail or
eliminated from detailed study, would be created in response to
significant issues raised during the public scoping process. The Forest
Service conducted six months of collaboration meetings with
stakeholders between January and May, 1998. Through these meetings, the
following concerns were identified:
Cave Rock is a Washoe sacred site--a church--that should be
designated a National Monument and not allowed to be defaced and
devalued by rock climbing. Climbers at Cave Rock are an objectionable
example of the Washoe Tribe being excluded from the Tahoe Basin and
their heritage. Climbers should climb elsewhere. Graffiti and concrete
in the cave should be removed. Even further, that all use of Cave Rock
should be prohibited in honor of the Washoe tradition of avoidance of
the area except by those special Washoe spiritual leaders who are
``born to Cave Rock.'' Any closure should affect all user groups and
not single out just one; that all activities desecrate Cave Rock;
climbing is equal with these other activities. And finally, that Cave
Rock should be returned to the Washoe Tribe to enable their
reconnection to the lands that they lost.
Conversely, additional concerns were raised that Cave Rock is
public land that should be available to all, to enjoy and learn about
other cultures, in a way that accommodates the needs of different
groups; a place where users respect the values of others. if a site is
designated on the National Register, the Forest Service should ensure
that the public can visit. Further, some people expressed that the
highway/highway tunnel have impacted Cave Rock so dramatically that it
is incorrect to assume that the historic property retains integrity.
Scoping letters have been sent to all those who expressed an
interest in the Cave Rock planning process since 1996. The mailing list
includes over 140 individuals and agencies. The scoping letter will
also be posed in the LTBMU Web Page. Government-to-government
consultation is continuing with the Washoe Tribe. A drop-in public
workshop, to be announced in the Tahoe Daily Tribune and in the scoping
letter, will be held on February 25, 1999, at the Kahle Community
Center (236 Kingsbury Grade in Stateline, Nevada) between the hours of
3:00 pm and 7:30 pm. Written comments and suggestions postmarked by
March 1, 1999, as well as any oral comments received, will be addressed
in the draft EIS.
Implementation of the management proposal would not require any
permits or licenses from any other agency. Consultation with the Nevada
State Historic Preservation Office (SHPO) and the Advisory Council on
Historic Preservation (ACHP) in accordance with the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.) is required.
Preliminary consultation has already occurred with the U.S. Fish and
Wildlife Service.
The decision will be made by Lake Tahoe Basin Management Unit
Forest Supervisor, as the Forest Service is the lead agency under NEPA.
There is no other joint lead agency nor cooperating agencies under
NEPA.
The draft EIS is anticipated to be filed with the Environmental
Protection Agency and made available to the public for comment in June,
1999. The final EIS and its Record of Decision is expected in October,
1999. The decision will be appealable under Forest Service regulations
found at 36 CFR 217.
The comment period for the draft EIS will be at least 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 EIS's 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 EIS stage but that are not
raised until after completion of the final EIS may be waived or
dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022
(9th Circuit, 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 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 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 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.
Dated: January 13, 1999.
Juan Palma,
Forest Supervisor.
[FR Doc. 99-1583 Filed 1-22-99; 8:45 am]
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