[Federal Register Volume 64, Number 63 (Friday, April 2, 1999)]
[Notices]
[Page 15953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8136]
[[Page 15953]]
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DEPARTMENT OF AGRICULTURE
Forest Service
Drew Creek, Diamond Rock, and Divide Cattle Allotments, Tiller
Ranger District, Umpqua National Forest, Douglas County, OR
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The USDA, Forest Service, will prepare an environmental impact
statement (EIS) on a proposal to issue term grazing permits to graze
three livestock allotments on the Tiller Ranger District. The three
allotments are called Drew Creek, Diamond Rock, and Divide. The
proposed action is to issue ten-year term grazing permits to allow 216
cow/calf pairs to graze on these three allotments. The allotment areas
are located approximately 35 miles north of Medford, Oregon. If the
proposed action or another action alternative is selected, activities
under the selected action are expected to be implemented in the year
2000. The agency gives notice of the full environmental analysis and
decision-making process that will occur on the proposal so that
interested and affected people may become aware of how they may
participate in the process and contribute to the final decision.
DATES: Comments concerning the scope of the analysis should be received
in writing by April 30, 1999.
ADDRESSES: Send written comments and suggestions concerning this
proposal to Jill Dufour, District Ranger, Tiller Ranger District, 27812
Tiller Trail Highway, Tiller, Oregon 97484.
FOR FURTHER INFORMATION CONTACT: Direct questions about the proposed
action, allotment areas, or EIS to Wes Yamamoto, Resource Assistant,
Tiller Ranger District, 27812 Tiller Trail Highway, Tiller, Oregon
97484, or (541) 825-3201.
SUPPLEMENTARY INFORMATION: The current grazing program on the Tiller
Ranger District allows 3,953 head months of use on six grazing
allotments covering approximately 129,350 acres. The proposed action is
to permit 1,288 head months (HM's) to graze on three allotments
encompassing approximately 36,230 acres of the Tiller Ranger District.
Under the proposed action, 90 HM's would be permitted on the Drew Creek
Allotment, 680 HM's on the Diamond Rock Allotment, and 418 HM's on the
Divide Allotment.
This proposal represents a significant decrease in the level of
grazing from the historical use of the Tiller Ranger District. The
proposal removes cattle grazing for the majority of sensitive earthflow
landforms and reduces the season of use for fifty percent of the
permitted numbers during the fall. The reduced landbase, reduced
numbers of cattle, and reduced season will allow for a grazing program
that is consistent with the Aquatic Conservation Strategy (ACS)
objectives of the Umpqua National Forest Plan, as amended.
Initial scoping for the preparation of an environmental assessment
(EA), titled ``Range Permit Reissuance'', began with a notice in the
Umpqua National Forest's Schedule of Proposed Actions (SOPA) dated
July, 1995. The scoping conducted since that initial notice includes an
open house for the community (September 12, 1996), numerous meetings
with permittees beginning in 1996, field trips with the public and
specialists, and a press release to the media in 1998. Discussion of
the grazing issue with subject matter experts, including
representatives from the Oregon State University Extension Service, the
National Marine Fisheries Service, and the U.S. Fish and Wildlife
Service, has been occurring since 1996. This extensive scoping has
identified a number of issues, alternatives, and environmental effects
that will facilitate preparation of the draft EIS.
Preliminary issues identified to date include potential effects to
unique characteristics of the geographic area, endangered and
threatened species and their habitats, and the significant incremental
economic impact that this proposal would have to a small, economically-
depressed rural community. These preliminary issues demonstrate to the
decisionmaker that this proposal has potential to have significant
effects on the human environment. Preliminary discussions have also
produced scientific controversy pertaining to interpretations of the
Aquatic Conservation Strategy in the 1994 Northwest Forest Plan. Based
on all of above, the Responsible Official has determined that it is
appropriate to proceed with an environmental impact statement.
Public comments are appreciated throughout the analysis process.
The draft EIS is expected to be filed with the Environmental Protection
Agency (EPA) and be available for public review by July, 1999. The
comment period on the draft EIS will be 45 days from the date the EPA
publishes the notice of availability in the Federal Register. The final
EIS is scheduled to be available in October, 1999.
The Forest Service believes it is important to give reviewers
notice of this early stage of public participation and of several court
rulings related to public participation in the environmental review
process. First, reviewers of a draft EIS 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 have been raised
at the draft stage may be waived or dismissed by the court if not
raised until after completion of the final EIS. 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 substantive comments and objections are made available to the Forest
Service at a time when it can meaningfully consider 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 of
40 CFR 1503.3 in addressing these points.)
In the final EIS, the Forest Service is required to respond to
substantive comments and responses received during the comment period
that pertain to the environmental consequences discussed in the draft
EIS and applicable laws, regulations, and policies considered in making
a decision regarding the proposal. The Responsible Official is Don
Ostby, Forest Supervisor for the Umpqua National Forest. The
Responsible Official will document the decision and rationale for the
decision in a Record of Decision. That decision will be subject to
appeal under 36 CFR Part 215.
Dated: March 24, 1999.
Bernie Rios,
Acting Forest Supervisor.
[FR Doc. 99-8136 Filed 4-1-99; 8:45 am]
BILLING CODE 3410-11-M
