[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Notices]
[Pages 15718-15723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8010]
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DEPARTMENT OF AGRICULTURE
Forest Service
Significant Amendment of the Land and Resource Management Plan of
the Ouachita National Forest for Managing Approximately 111,580 Acres
of Acquired Lands in McCurtain County, OK
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: Pursuant to 16 U.S.C. 1604(f)(4), the Forest Service will
prepare an environmental impact statement (EIS) for the decision to
amend the Land and Resource Management Plan (Forest Plan) for the
Ouachita National Forest. Comments should focus specifically on the
preliminary proposal described below and on possible alternatives.
The current Forest Plan, which provides programmatic guidance for
management of the Ouachita National Forest, was implemented in 1986 and
subsequently has been amended 30 times (including a significant
amendment in 1990 that resulted in the publication of a new Forest
Plan.) As many as six primary decisions may be made in the amendment
described in this notice: (a) Modification of forest-wide goals,
objectives, standards, and/or guidelines (if needed); (b) allocation of
lands and waters to management areas; (c) identification of lands
suitable for timber production; (d) re-determination of forest-wide
allowable sale quantity (ASQ) (if needed); (e) identification of lands
suitable and potentially available for cattle grazing; and (f)
determination of the eligibility and suitability of the Glover and
Mountain Fork Rivers for possible Congressional designation under the
National Wild and Scenic River System (NWSRS).
Significant amendments to Forest Plans follow the same procedures
required for the development and approval of forest plans (36 CFR part
219.10(f)), including completion of an EIS. The Forest Service
determined that the amendment discussed in this notice will be
significant because (a) it will establish goals, objectives, management
areas, standards, and guidelines for a block of approximately 111,580
acres of acquired lands newly added to the National Forest System (the
``Broken Bow unit'') and (b) as a result of allocating these lands to
management areas, this amendment may change the overall desired future
condition of the Ouachita National Forest. An EIS is also needed
because the analysis conducted during the amendment process may result
in a recommendation to Congress concerning possible additions to the
NWSRS.
As part of the overall effort to ensure that treaty rights are
honored and responsibilities to American Indian Tribes are met, the
Forest Service will consult and exchange information routinely with
affected and interested Tribes on a government-to-government basis
throughout this amendment process. The Forest Service will also work
closely with local governments, State and Federal agencies, and elected
officials.
The environmental analysis and decision-making process will include
the following opportunities for public participation and comment:
------------------------------------------------------------------------
Estimated date Step Public involvement
------------------------------------------------------------------------
Late March 1999............. Publish formal 30-day formal
Notice of Intent comment period;
(with preliminary Newsletter; press
proposal). releases, Web site.
Mid-May 1999................ Summarize issues in Workshop Newsletter,
response to the Web page update.
proposal and
amendment.
By mid-June 1999............ Develop alternatives Mailing, Web page
update; Workshop
and informal
meetings, if
needed.
July 1999................... Issue draft EIS..... Invite public
comment; 90-day
formal review;
Workshop and
informal meetings;
Newsletter, press
releases, Web site
update.
December 1999............... Issue amendment and Newsletter, press
EIS. releases, Web site
update.
------------------------------------------------------------------------
The Forest Service will meet with interested groups, organizations,
and individuals to discuss the proposed amendment. The agency will also
host at least one workshop in McCurtain County, Oklahoma, to present
and clarify the preliminary proposal, describe ways the public can
participate in the process, and accept comments from the public on the
proposal for amending the Forest Plan. The Forest Service will also
consider comments received at any time during the amendment process.
Following the publication of this Notice of Intent (NOI), a draft
EIS will be prepared and published. The draft EIS will include a
preferred alternative with specific language to amendment the Forest
Plan. This preferred alternative will be developed based on issues that
are raised in response to the preliminary proposal presented in this
NOI. The Forest Service will then again actively seek information,
comments, and assistance from Federal, State and local agencies and
from individuals and organizations that may be interested in or
affected by the preferred alternative in the draft EIS. It is very
important that
[[Page 15719]]
those interested in this proposal participate at that time.
DATES: Comments responding to this Notice of Intent (NOI) should be
received in writing (electronic mail acceptable) by April 30, 1999. The
draft EIS should be available for public review in July 1999. The
comment period for the draft EIS will commence on the day the
Environmental Protection Agency publishes the Notice of Availability in
the Federal Register. After a comment period of 90 days, the Final EIS
and Forest Plan Amendment should be completed by December 1999.
ADDRESSES: Send written comments concerning this Notice to: Plan
Amendment, Ouachita National Forest, P.O. Box 1270, Hot Springs, AR
71902, for send electronic mail to: r8__ouachita@fs.fed.us>
All comments received about the Forest Plan amendment, including
the names and addresses of those who comment, will be considered part
of the public record concerning this proposed action and will be
available for public inspection. Comments submitted anonymously will be
accepted and considered; however, those who submit anonymous comments
will not have standing to appeal the subsequent decision under 36 CFR
part 217.
FOR FURTHER INFORMATION CONTACT: John Cleeves, Forest Planner, Ouachita
National Forest, (501) 321-5251; or Bill Pell, Acting Team Leader for
Planning and Recreation, (501) 321-5320; TDD (501) 321-5307.
SUPPLEMENTARY INFORMATION:
Purpose and Need To Amend the Forest Plan (Why Is the Forest
Service Proposing To Amend the Ouachita National Forest Plan?
In November 1996, approximately 111,300 acres were added to the
Ouachita National Forest in the north-central portion of McCurtain
County, Oklahoma, as a result of a major land exchange. Approximately
28,093 acres of land in the southeastern corner of the county were
subtracted from the National Forest System at the same time. As part of
this land exchange, the Forest Service also acquired lands in Le Flore
County, Oklahoma and several Arkansas counties and disposed of
additional National Forest System lands in Arkansas. Lands added to the
Ouachita National Forest in these counties were addressed in Amendment
30 to the Forest Plan. The amendment described in this NOI deals only
with lands acquired in McCurtain County. (In addition to lands acquired
through the exchange, the Ouachita National Forest purchased
approximately 280 acres that are now included in the Broken Bow unit.)
The Federal legislation that authorized the land exchange (Omnibus
Parks and Public Lands Management Act of 1996) specified that the
Forest Service would manage these acquired lands and waters (here and
in other counties) under the forestwide standards and guidelines in the
existing Forest Plan until the acquired lands were incorporated in the
Plan through a formal amendment process. The legislation further
stipulated that the Forest Service would initiate the process to
incorporate these lands and waters in the Forest Plan within 12 months
after the exchange was completed. (An interdisciplinary team was formed
and work began within the prescribed 12-month period.) The purpose of
this amendment, then, is to establish the goals, objectives, management
areas, standards, and guidelines under which the acquired lands in
question will be managed.
Topics To Be Addressed (What Topics Will Be Addressed in the Forest
Plan Amendment and How Were They Determined?)
Forest Plans provide programmatic frameworks for decision-making on
each National Forest. Each Plan sets forth goals, objectives, advisable
courses of action, and limitations to actions. These advisable courses
and limitations to actions are called standards and guidelines. Some
standards and guidelines apply forestwide. Others apply only to
specific subdivisions of the National Forest called Management Areas.
The National Forest Management Act and associated agency regulations
(36 CFR part 219.10(f)) provide direction for amendment Forest Plans.
To set the stage for this amendment, the Forest Service developed a
preliminary list of topics likely to be relevant to the decision-making
process. This list was based on a review of legal requirements; current
conditions in the Broken Bow unit, including social, cultural,
economic, and environmental factors; and public interest. The
interdisciplinary team also considered the results of monitoring and
evaluation activities, Forest Plan and project level appeal issues and
decisions, lawsuit issues and decisions, new scientific information,
changing public demands, and Forest Service direction concerning
ecosystem management and the Natural Resource Agenda. This amendment
will address the following broad topics, among others: Recreation; Off-
Road Vehicles; Threatened, Endangered, and Sensitive Species;
Transportation System; Roadless Areas; Timber Suitability and Allowable
Sale Quantity; Wild and Scenic Rivers; Range (cattle grazing) and
Vegetation Patterns.
The Forest Service has prepared a brief discussion paper for each
amendment topic. These papers (available at www.fs.fed.us/oonf/
mccurtain/papers2.htm) define topics in the context of related Forest
Plan decisions to be made, the existing situation on the Broken bow
unit, and current Forest Plan direction. The proposal described later
in this Notice is an attempt to integrate the concerns and
opportunities presented by each of the broad topics summarized below.
Recreation: Public interest in enhancing recreation and tourism
opportunities in southeastern Oklahoma was a strong factor in local and
State support for the land exchange. Among the prominent features of
the Broken Bow unit are 10 miles of the Mountain Fork River, more than
14 miles of the Glover River, proximity to the 14,000-acre Broken Bow
lake, steep forested ridges, large areas of pine plantations, and an
extensive road network. Rugged topography, natural stands of oak and
pine, and lack of road access on the northwest, north, and east sides
of the lake contrast with less severe topography, extensive pine
plantations, and many miles of low standard roads on the west. These
lands and waters offer a great variety of recreational opportunities.
Places of high visual sensitivity include those within the view of
heavily traveled roads and trails, recreation areas, and other scenic
vistas in the area. The U.S. Army Corps of Engineers manages Broken Bow
Lake and much of its shoreline. The Oklahoma Tourism and Recreation
Department and the Oklahoma Department of Wildlife Conservation manage
other parts of the shoreline (some under lease arrangement with the
Corps) and portions of the uplands around the lake, including McCurtain
County Wilderness Area, which is nearly surrounded by National Forest
land.
The general area already receives considerable recreation use from
local residents and many people who travel from Texas, elsewhere in
Oklahoma, and other states. Dallas/Ft. Worth, Tulsa, and Oklahoma City
are within a half-day's drive of these lands. People are attracted to
the area for its natural settings on both public and timber industry
lands and for the various recreation facilities currently available.
Beaver's Bend-Hochatown State Park, located on the west shore of the
lake, is one of the most popular parks in Oklahoma; a Corps recreation
area (managed by the State of Oklahoma) on
[[Page 15720]]
the lower Mountain Fork River provides an additional draw. Facilities
at these State and Federal recreation areas include 8 campgrounds with
nearly 400 campsites, the 40-room Lakeview Lodge, a nature/education
center, 47 cabins, picnic and swimming areas, a marina, numerous boat
launching ramps, a system of hiking trails, and a golf course.
Broken Bow Lake is a major attraction for fishing and boating
enthusiasts. The lower part of the Mountain Fork is a stocked trout
fishery, and the Glover River is considered the finest smallmouth bass
fishery in Oklahoma. Both the Glover and Mountain Fork Rivers receive
considerable use by anglers and floaters.
Off-road Vehicles: ORV use is a popular activity on the acquired
lands, which have a high density of low standard roads that provide
access to thousands of acres of pine plantations. These roads have
traditionally been open to ORV riding (when they were in private
ownership). However, current Oklahoma State law prohibits ORV riding on
public roads, including National Forest roads. Because of the rugged
terrain north and east of the lake and low road density, ORV use there
is probably restricted to the road system and lake access points.
Little is known about the extent or nature of any resource damage due
to ORV use in the area. Some members of the public support allowing
continued ORV use in the area; others would like to see some
restrictions, such as limiting cross-country travel to that necessary
to transport game.
Threatened, Endangered, Sensitive Species: Another selling point
for the land exchange was that it would offer enhanced opportunities
for conservation of threatened, endangered, and sensitive species on
public lands, particularly in McCurtain County, Oklahoma. For starters,
the sections of the Mountain Fork and Glover Rivers and their
tributaries within the Broken Bow unit contain some of the richest
aquatic faunas in Oklahoma, including populations of the threatened
leopard darter (Percina pantherina), several species the Forest Service
lists as ``sensitive'' or as candidates for listing as sensitive, and
important sport fishes. The U.S. Fish and Wildlife Service has
designated portions of the two rivers as Critical Habitat for the
leopard darter.
The red-cockaded woodpecker (Picoides borealis) occurs in the
McCurtain County Wilderness Area, which is owned by the state of
Oklahoma and managed by the Oklahoma Department of Wildlife
Conservation. This endangered species has been observed foraging on
adjacent National Forest land but is not known to nest there. The
Nature Conservancy found four sites showing evidence of occupation or
offering prime habitat for red-cockaded woodpeckers during a 1995
ecological assessment of what are now national forest lands: Locust
Mountain, Hee Mountain, Little White Oak Mountain, and Five Mile
Hollow.
The endangered peregrine falcon (Falco peregrinus anatum) has been
observed near Brokem Bow Lake as a transient during migration. There is
a high probability that this species roosts on National Forest land
near the lake. The threatened bald eagle (Haliaeetus leucocephalus)
uses habitat along the Mountain Fork River in the vicinity of Broken
Bow Lake in the winter, roosting on the National Forest. Based on
recent summer observations, biologists suspect that bald eagles may
also nest in the vicinity.
Another federally listed species that may occur in the Broken Bow
unit is the endangered American burying beetle (Nicrophorus
americanus). Due to the similarity of habitat types present on these
lands to occupied habitats elsewhere on the National Forest, there is
potential for this species to occur in the Broken Bow unit. Several
other sensitive species occur within the unit. See the topic paper
concerning Terrestrial Threatened, Endangered, and Sensitive Species
for further information.
Transportation System: The acquired lands include an extensive road
network that was developed by Weyerhaeuser Company for intensive timber
management. The roads and associated drainage structures vary
considerably in width, design standards, and general condition. An
inventory of the existing roads on the Broken Bow unit identified about
566 miles on National Forest land (a road density of 3.26 miles per
square mile).
Roadless Areas: The Forest Service maintains inventories of land
areas that have few or no permanent roads. During Forest Plan revision,
the agency conducts a public review of options for all ``roadless
areas,'' and one or more of these areas could eventually be recommended
to Congress for wilderness designation. It is important to note that no
wilderness determination will be made during the Forest Plan amendment
process.
Areas of National Forest land that appear to fit current Forest
Service criteria for roadless character are the 7,356-acre Ashford Peak
area on the east side of Broken Bow Lake and the 7,285-acre Bee
Mountain area on the west side of the lake. Weyerhaeuser reserved oil
and gas rights until the year 2041 on the Ashford Peak area and on a
small portion of the Bee Mountain area; all minerals are outstanding on
the bulk of Bee Mountain. Reserved or outstanding mineral rights do not
necessarily disqualify an area from being ``roadless,'' especially if
mineral rights are obtainable and/or there is no surface occupancy or
development. Currently no development exists in either area. The State-
owned McCurtain County Wilderness Area lies in the northern part of the
block of National Forest lands under consideration here.
Vegetation Patterns: Based on analysis of satellite imagery from
May 1998, the team estimated that there are about 61,600 acres where
pines predominate the forest canopy and at lest 46,000 where hardwoods
predominate. Roads and other nonforested conditions occupy about 4,000
acres. More than half of the pine-dominated acreage consists of
loblolly pine plantations less than 30 years old; the remainder
consists of more natural forest cover in which shortleaf pines
predominate. The pine plantations average 110 acres in size, but
several exceed 200 acres. As more detailed, ground-based forest
inventories are completed, these estimates will be refined. The team
recognizes that many members of the public are concerned about
conserving hardwood trees and conserving or restoring older forests and
woodlands of all kinds.
Timber Suitability and Allowable Sale Quantity (ASQ): Timber
management on the Ouachita National Forest is designed to perpetuate
native forests, sustain habitat for viable populations of native plants
and animals (including sensitive species), protect water quality and
aesthetic values, yield valuable timber products, and support local
economic activity. National Forest lands ``suitable'' for timber
production (as one element of their management) are those that are
physically and legally capable of supporting timber harvests and timber
regeneration activities on a regulated and sustained basis. The ASQ is
the volume of timber that may be sold annually from the ``suitable''
lands covered by the Forest Plan. Prior to the exchange, the suitable
land base was approximately 994,000 acres, and the ASQ was 29.2 million
cubic feet (144 million board feet).
The Broken Bow unit includes a mix of cutover lands, loblolly pine
plantations, and mixed pine-hardwood stands of varying densities and
age classes, while the portions of the Tiak tract traded to
Weyerhaeuser consisted mainly of well-stocked sawtimber stands on
highly productive coastal
[[Page 15721]]
plain sites. These changes in the National Forest land base may result
in a change of lands suitable for timber harvest and the corresponding
ASQ.
Wild and Scenic Rivers: River eligibility studies are carried out
in accordance with the Wild and Scenic Rivers Act and the Final Revised
Guidelines for Eligibility, Classification, and Management of River
Areas (Federal Register 9/7/82) of the U.S. Department of the Interior
and the U.S. Department of Agriculture. To be eligible for inclusion in
the National Wild and Scenic Rivers System, a river must be free
flowing and have one or more outstanding remarkable scenic,
recreational, geological, fish and wildlife, archeological/historical,
or other features. The planning team has conducted eligibility studies
for portions of the Glover and Mountain Fork Rivers.
Range (cattle grazing): Cattle grazing is a traditional use of the
acquired lands that developed over many years when the lands were in
private ownership. This activity and land use is a source of income for
some local cattle owners. Cattle grazing has long been recognized as
one of the important multiple uses of National Forest land when managed
in a way that ensures protection of ecological values.
Curently 19 individuals have temporary permits to use portions of
the acquired lands to graze about 1,000 head of cattle. (These
permittees had grazing permits with Weyerhaeuser for these lands prior
to the exchange.) Many of these are ``on/off'' permits, with the cattle
grazing freely between private lands and National Forest lands. The
majority of National Forest lands are included in the permit areas, but
most of the grazing occurs on roadsides and in young plantations that
have not reached crown closure. There are few fences on the property
lines.
While some of the following additional topics will be discussed in
the draft EIS, no specific decisions concerning them will be made in
this amendment:
1. Location of grazing allotments, identification of individual grazing
permittees, or specific conditions for grazing (such as number of
animals allowed, permitted use periods, range improvements).
2. Project-level decisions such as construction of recreation
facilities (e.g., trails or campgrounds) and identification of
individual timber sales or road closures.
3. Level of funding the county will receive in any given year from ``25
percent returns.'' (The Forest Service annually returns 25 percent of
all gross revenues to counties with National Forest lands; the EIS will
discuss the possible effects of the Forest Plan decisions on 25 percent
returns.)
4. Ecological restoration of native forests in loblolly pine
plantations. (Restoration will be the subject of another Forest Plan
amendment.)
5. Relationships with neighboring landowners (including road easements
and property lines).
6. Community development. (The Forest Service supports community
development activities and recognizes that Forest Plan decisions may
influence development opportunities and quality of life in local
communities. The draft EIS will examine possible economic and social
impacts to local communities and at a broader regional level.)
Preliminary Proposal
The Forest Service has prepared a preliminary proposal to address
the six primary decisions and now seeks comments on this proposal.
Comments received will be used to develop alternatives to the
preliminary proposal.
(1) Modification of forest-wide goals, objectives, standards, and/or
guidelines (if needed): The Forest Service does not believe that such
modifications are warranted at this time. In other words, the
preliminary proposal is to manage the acquired lands in the Broken Bow
unit under the current forest-wide goals and objectives of the Forest
Plan.
(2) Allocation of lands and waters to management areas: Allocate the
approximately 111,580 acres of the Broken Bow unit as described below.
(Unless noted otherwise, Management Area numbers refer to those in the
current Forest Plan.). All acreage estimates are subject to change on
the basis of future site-specific analysis and planning. Items (a)
through (d) describe the Management Area allocations that can be
readily displayed at the scale of a Forest map. Items (e) through (j)
describe those Management Areas that cannot be displayed on a Forest
map scale. A map displaying the four allocations (Management Areas 20,
22, and 23 and ``General Forest'') is available for public review at
100 Reserve Street, Federal Building, Second Floor, Hot Springs,
Arkansas and on the Internet at: www.fs.fed.us/oonf/mccurtain/.
(a) General Forest (typically a combination of Management Areas 9,
10, 11, 12, 13, 14, and 18, but may also include others): approximately
29,885 acres. Management Area 14 (Lands Suitable for Timber Production,
Ouachita Mountains) usually is the most prominent in this mix of
Management Areas. This area includes lands of moderate to low
productivity (e.g., site indices are at least 50 for shortleaf pine and
60 for hardwoods) that have not been assigned to more restrictive
Management Areas. Much of the timber produced on the Ouachita National
Forest comes from Management Area 14, but these lands also help meet
vital wildlife habitat, watershed protection, and recreation needs.
(b) Management Area 20--Wild and Scenic River Corridors:
approximately 6,735 acres (all unsuitable for timber production).
Management Area 20 consists of corridors of rivers eligible or
potentially eligible for inclusion in the National Wild and Scenic
Rivers System. Within the Broken Bow unit, segments of the Mountain
Fork and Glover Rivers would be included in this Management Area.
(c) Management Area 22-Shortleaf Pine-Bluestem Renewal and Red-
Cockaded Woodpecker Habitat Management Area: approximately 51,110 acres
(including lands suitable and unsuitable for timber production).
Management Area 22 includes National Forest lands that historically
provided or currently provide nesting and/or foraging habitat for the
red-cockaded woodpecker and that are dedicated to renewal of the
shortleaf pine-bluestem grass ecosystem. Forest management activities
include periodic thinning, prescribed fire, and regeneration by the
two-aged shelterwood method. No actions would be taken that would
diminish the roadless characteristics of inventoried roadless areas
within this Management Area.
(d) Management Area 23 (new to the Forest Plan)--Broken Bow Lake
(area): approximately 23,850 acres (including lands suitable and
unsuitable for timber production). Management Area 23 would include
lands that can be seen from the main part of the lake and most other
National Forest lands east of Highway 259 and south of the proposed
boundary of Management Area 22. The emphasis would be on conserving and
enhancing the area's unique combination of recreational,
[[Page 15722]]
aesthetic, wildlife habitat, and water quality values and benefits.
The following Management Areas cannot be displayed at the fairly
coarse scale of a Forest map. Some of the ones likely to be applied to
the Broken Bow Unit by the Forest Plan amendment include:
(e) Management Area 9--Water and Riparian Areas (ponds, lakes,
streamside zones, and riparian areas; streamside zones have minimum
widths of 100 feet to both sides of perennial streams and 30 feet both
sides of all other streams), all considered unsuitable for timber
production: approximately 12,600 acres plus approximately 11,550 acres
of equivalent streamside management zones in Management Area 22 for a
total of approximately 24,150 acres in streamside management zones.
(f) Management Area 10--Nonforest (consists of roads, rights-of-
ways, and special uses located within other Management Areas):
estimated acres will be supplied in the draft EIS.
(g) Management Area 11--Not Appropriate for Timber Production
(lands of low productivity, i.e., 20 to 49 cubic feet of tree growth
per acre per year; site index for hardwood generally less than 60 and
for pine, less than 50): estimated acres will be supplied in the draft
EIS.
(h) Management Area 12--Nonproductive (areas of rock outcrops or
shallow soils on which tree growth is less than 20 cubic feet per
year): estimated acres will be supplied in the draft EIS.
(i) Management Area 13--Unsuitable Lands Based on Other Resource
Coordination (lands unsuitable for timber production that are not
included in other Management Areas): estimated acres will be supplied
in the draft EIS.
(j) Management Area 18--Visually Sensitive Foreground Areas, Roads
and Trails (foreground area along sensitivity level 1 and 2 roads,
e.g., major highways and major forest roads, and trails): estimated
acres will be supplied in the draft EIS.
(3) Identification of lands suitable for timber production: Based upon
an analysis of satellite imagery, slope and soils data, the preliminary
assignment of lands and waters to four major Management Areas
(described above), and estimates of streamside management zones, the
interdisciplinary team estimates that approximately 54,000 acres of the
Broken Bow unit may be suitable for timber production. Of these lands,
at least 32,000 acres consist of loblolly pine plantations. The
disposal of 28,093 acres of coastal plain lands (former portions of the
Tiak Ranger District) and the addition of approximately 111,580 acres
in the mountainous part of McCurtain County has resulted in an
estimated net increase of about 25,750 acres of National Forest land
suitable for timber production. Further analysis of timber suitability
will be included in the draft EIS.
(4) Re-determination of forest-wide allowable sale quantity (ASQ) (if
needed): The land base suitable for timber production for the Ouachita
National Forest has increased as a result of the land exchange, but the
average timber productivity of the acquired lands in Oklahoma is less
than that of the former National Forest lands that are now in private
ownership. The interdisciplinary team will conduct analyses to
determine the net change, if any, in ASQ.
(5) Identification of lands suitable and potentially available for
cattle grazing: Most of the acquired lands appear to be suitable for
controlled grazing. The capability of these lands for producing forage
for grazing animals will be analyzed and reported in the draft EIS.
(6) Determination of the eligibility and suitability of the Glover and
Mountain Fork Rivers for possible congressional designation as Wild and
Scenic Rivers: The interdisciplinary team has made a preliminary
determination that the portion of the Glover River within National
Forest boundaries should be recommended for inclusion in the National
Wild and Scenic Rivers System; the team will not recommend the portions
of the Mountain Fork River within National Forest boundaries for such
inclusion at this time.
Glover River: Segment I--19.5 stream miles, beginning at the
confluence of East and West Forks, T3S, R23E, Sec. 7, and extending
south to the Forest proclamation boundary, T5S, R23E, Sec. 9 (about 0.8
mile downstream from the bridge on road 50000). This segment (and
possibly lower portions of Cedar and Carter Creeks) is eligible because
the stream is free flowing and has outstandingly remarkable scenic,
recreational, fish and wildlife, geological and archaeological/historic
values. It qualifies for classification as ``scenic'' because it is
free of impoundments, has shorelines or watersheds still largely
primitive and shorelines largely undeveloped, and has several access
points and road crossings. The Forest Service will complete a report to
determine if this segment of the Glover River is suitable for inclusion
in the NWSR System. Segment II--12.5 stream miles, beginning at the
southern limit of the Forest proclamation boundary south to the
confluence with Little River. Because this segment of the Glover River
is in private ownership and outside the National Forest proclamation
boundary, the Forest Service will not conduct an eligibility and
suitability study. Such a study would be more appropriately conducted
by a State agency.
Mountain Fork River: Segment I--15.9 stream miles, including that
part of the river from the Oklahoma-Arkansas State line, T1S, R27E,
Sec. 3, downstream to the Forest proclamation boundary at the Oklahoma
Highway 4 bridge, T1S, R25E, Sec. 24. This segment of the Mountain Fork
is entirely in private ownership and outside the National Forest
proclamation boundary. The Forest Service will not conduct an
eligibility or suitability study of this stretch of river. Such a study
would be more appropriately conducted by a State agency. Segment II--
9.1 miles, including that part of the river from the Forest
proclamation boundary at the Oklahoma Highway 4 bridge downstream to
the upper end of Broken Bow Lake (600-foot elevation level). This
segment is eligible for designation under the Wild and Scenic Rivers
Act because it is free flowing and has outstandingly remarkable scenic,
recreational, fish and wildlife, geological, and archaeological/
historical values. It qualifies as ``scenic'' because it is free of
impoundments, has shorelines or watersheds still largely primitive and
shorelines largely undeveloped, and has several access points and road
crossings. Because of limited National Forest ownership in this segment
(2.3 miles), it would be more appropriate for a State agency to
complete any further studies. Segment III--11.1 stream miles, beginning
at the Broken Bow dam and extending downstream to the National Forest
proclamation boundary at U.S. Highway 70, T6S,
[[Page 15723]]
R26E, Sec. 7. Although containing outstandingly remarkable scenic and
recreational values, this segment of river is not considered free
flowing and, therefore, is not eligible for inclusion in the NWSRS.
Possible Alternatives
The alternatives briefly summarized below have been discussed by
the interdisciplinary team; others will be developed in response to
public issues.
(1) Increase extent of Management Area 22. Increase Management Area 22
(renewal of the shortleaf pine-bluestem ecosystem) to encompass more
acreage, including most of the land tentatively proposed for allocation
to Management Areas 14 and 23.
(2) Establish a single Management Area 23 (Broken Bow Lake Management
Area) east of Highway 259, divided into 23a (Habitat Management Area
for Red-cockaded Woodpecker) and 23b [lower Lake area] instead of 22
and 23). This alternative would be developed to show a more integrated
picture of management direction within the Broken Bow Lake/Mountain
Fork River area. Standards and guidelines would change little.
(3) Increase the extent of Management Area 14. Allocate more land to
the Management Area that yields most of the wood products from the
Ouachita National Forest.
Further Information Concerning Public Comments on the Draft EIS
The Forest Service believes, at this early stage, that 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 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 part 1503.3 in addressing these points.
Responsible Official: The Responsible Official is Elizabeth Estill,
Regional Forester, Southern Region of the USDA Forest Service, located
at 1720 Peachtree Road, NW, Atlanta, GA 30367.
Dated: March 24, 1999.
George Wayne Kelley,
Deputy Regional Forester.
[FR Doc. 99-8010 Filed 3-31-99; 8:45 am]
BILLING CODE 3410-11-M
