[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Notices]
[Pages 44477-44478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21110]
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DEPARTMENT OF AGRICULTURE
Forest Service
Red Knight Restoration Project, Winema National Forest, Klamath
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) for restoration projects within the Red Knight planning
area on the Chemult Ranger District of the Winema National Forest. Red
Knight planning area is located in T29S, T30S, R10E, R11E, Willamette
Meridian and covers an area of approximately 36,000 acres. The planning
area is located west/northwest of Yamsay Mountain Semiprimitive
Recreation Area and south of the Silver Lake Highway. Jackson Creek
traverses the planning area. The Winema National Forest invites written
comments on this proposal and the scope of analysis. The agency will
give notice of the full environmental analysis and decision-making
process so interested and affected persons may participate and
contribute to the final decision.
DATES: Comments concerning the scope of the analysis should be received
by September 20, 1999.
ADDRESSES: Send written comments to Red Knight Project, Chemult Ranger
District, P.O. Box 150, Chemult, Oregon 97731.
FOR FURTHER INFORMATION CONTACT: Jayne Goodwin, 541-365-7072 or e-mail
at: r6pnw__winema@fs.fed.us.
SUPPLEMENTARY INFORMATION: This project will be consistent with the
Winema National Forest Land and Resource Management Plan as amended by
the Revised Environmental Assessment for the Continuation of Interim
Management Direction Establishing Riparian, Ecosystem and Wildlife
Standards for Timber Sales (Eastside Screens) and the Inland Native
Fish Strategy Environmental Assessment (INFISH). The Eastside screens
were designed to offer conservative protection to riparian, ecosystem,
and wildlife values. INFISH provides interim direction to protect
habitat and populations of resident native fish outside of anadromous
fish habitat. The Red Knight planning area incorporates the following
Forest Plan Management Areas (MA): Scenic Management (MA-3) designed to
maintain and create visually pleasing scenery; Old-Growth Ecosystems
(MA-7) designed to provide, maintain and enhance existing mature and
old-growth communities; Riparian Areas (MA-8) designed to protect soil,
water, wetland, floodplain, wildlife, and fish resource values; Timber
Production (MA-12) designed to produce a high level of growth and
timber production; and Upper Williamson (MA-15) designed to provide a
natural-appearing forest setting for dispersed recreation activities
and special wildlife habitats. The planning area is within former
Klamath India Reservation lands.
Purpose and Need
Portions of the Red Knight planning area are crowded with trees
that are competing for nutrients, water, and growing space. Dwarf
mistletoe infections are present. Mature and old-growth ponderosa pine
and mixed conifer habitat is at risk from competition-induced mortality
and wildlife. Aspen stands are declining due to lodgepole pine
encroachment. Fire suppression and growth of stands have resulted in
development of excessive fuel accumulations and a decline in forage
production. Prior to recognition of the value of standing and down dead
trees, past harvest practices created a shortage of snags and down
logs. Current open road densities exceed recommendations for big game
habitat. Densities average approximately 5 miles of open road per
section (a section is one square mile).
The existing conditions described above have created needs--(1) for
sustainable mature and old-growth habitat and quaking aspen habitat for
support of populations of native species; (2) for reduced risk of stand
replacement fires within the planning area; and (3) for sustainable
habitat for big game. Scoping may identify more needs.
[[Page 44478]]
Proposed Action
Proposed activities include approximately 12,000 areas of
commercial thinning (thinning-from-below) and 24,000 acres of
precommercial thinning. Approximately 11,000 of the 24,000 acres of
precommercial thinning would occur within proposed commercial thinning
areas. Other proposed activities are approximately 400 acres of pruning
of dwarf mistletoe-infected trees, 50 acres of quaking aspen
regeneration, 10,000 acres of prescribed burning or mowing of shrubs,
seedlings, and small saplings, creation of 2,000 snags, evaluate access
and travel opportunities, 50 miles of road closures, and 37 miles of
road obliteration.
Alternatives
The No Action alternative will serve as a baseline for comparison
of alternatives and will be fully developed and analyzed. With the No
Action alternative, there would be no activities implemented based on
the Red Knight analysis. Previously approved activities, and routine
protection and maintenance activities will continue. The proposed
action, as described above, will be considered and other alternatives
developed around the proposed action to address issues identified in
the scoping and public involvement process.
Issues
Preliminary issues identified are--Klamath Tribes culture and
treaty resources (subsistence hunting, fishing, and gathering), mature
and old-growth habitat, forest health, and wildfire risk.
Public Involvement
Scoping determines issues to be addressed and identifies the
significant issues related to a proposed action. The Forest Service
will seek information and comments from Tribes, Federal, State, and
local agencies and other individuals and organizations who may be
interested in or affected by the proposed action. This input will be
used in preparation of the draft EIS. Scoping will be achieved through
mailings, newspaper notices, website postings (www.fs.fed.us/r6/
winema), and field trips. Field trips to the planning area are
scheduled for August, September, and October of 1999.
Comments received in response to this notice, including names and
addresses of those who comment, will be considered part of the public
record on 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 Parts 215 or
217. Additionally, pursuant to 7 CFR 1.27(d), any person may request
the agency to withhold a submission from the public record by showing
how the Freedom of Information Act (FOIA) permits such confidentiality.
Persons requesting such confidentiality should be aware that, under the
FOIA, confidentiality may be granted in only very limited
circumstances, such as to protect trade secrets. The Forest Service
will inform the requester of the agency's decision regarding the
request for confidentiality, and where the request is denied, the
agency will return the submission and notify the requester that the
comments may be resubmitted with or without name and address within a
specified number of days.
Estimated Dates for Draft and Final EIS
The draft EIS is expected to be filed with the Environmental
Protection Agency (EPA) and to be available for public comment by April
2000. 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 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.
519,55 (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 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 the 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.
Comments on the draft EIS will be analyzed, considered, and
responded to by the Forest Service in preparing the final EIS. The
final EIS is scheduled to be completed in July 2000. The Forest Service
is the lead agency. Forest Supervisor, Winema National Forest, is the
responsible official. The responsible official will document the
decision and rationale for the decision for the Red Knight Restoration
Project in the Record of Decision. That decision will be subject to
Forest Service Appeal Regulations (36 CFR Part 215).
Dated: July 29, 1999.
Mary C. Erickson,
Acting Deputy Forest Supervisor, Winema National Forest.
[FR Doc. 99-21110 Filed 8-13-99; 8:45 am]
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