# Long-Term Ecosystem Productivity (LTEP) Research Project, Willamette National Forest, Lane County, OR > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-28373 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** November 17, 1994 ## Text DEPARTMENT OF AGRICULTURE Long-Term Ecosystem Productivity (LTEP) Research Project, Willamette National Forest, Lane County, OR AGENCY: Forest Service, USDA. ACTION: Notice; intent to prepare environmental impact statement. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the Forest Service will prepare an environmental impact statement on a proposal to implement a Long-Term Ecosystem Productivity research project. This project will result in establishing conditions across a gradient of successional stages and organic matter levels on the forest floor according to the Long-Term Ecosystem Productivity Program Integrated Research Sites, Governing Research Plan (PNW, Susan Little and others, 10/16/91). Creating these conditions will require harvesting approximately 180 acres of 70 to 80 year old Douglas fir forest by clearcutting and 90 acres of partial cutting. Other proposed activities include weather station siting, reforestation, fuel control, and snag creation. The Willamette National Forest invites additional written comments and suggestions on the scope of the analysis. Comments have already been received as the result of local public participation activities. The agency will also give notice of the full environmental analysis and decision-making process so that interested and affected people are made aware as to how they may participate and contribute to the final decision. DATES: Comments concerning the scope of the analysis should be received in writing by December 19, 1994. ADDRESSES: Send written comments to Lynn Burditt, District Ranger, Blue River Ranger Station, PO Box 199, Blue River OR, 97413. FOR FURTHER INFORMATION CONTACT: Direct questions about the proposed action and environmental impact to Karen Geary, Planning Assistant or Jim Overton, Site Manager, (503) 822-3317. SUPPLEMENTARY INFORMATION: The Long-Term Ecosystem Productivity planning area is located in the East Fork of Deer Creek drainage in portions of T17S, R3E, Sections 13, 23, 24, 25, 26, and 35. This research site is one of six in Oregon, Washington, and Alaska designed for long-term ecosystem productivity research. The Integrated Research Sites are established as a network of research and monitoring sites to look at topics which are long-term, which are complex, and which demand the integration of scientific disciplines. These sites will be studied over a period of 200 years to test the hypothesis that long-term ecosystem productivity is directly affected by successional patterns and the level of down woody debris. The nature and scope of the decision is to implement the research project. This EIS will tier to the Willamette National Forest Land and Resource Management Plan (1990) as amended by the Record Of Decision and Standards and Guidelines for Management of Habitat For Late Successional and Old-Growth Forest Related Species within the Range of the Northern Spotted Owl. On June 25, 1992 an amendment to the Willamette National Forest Plan made an allocation change of this Isolation Block from Management Area 14a (General Forest) to a newly created allocation, Management Area 3b (Integrated Research Site) and established Management Area (MA) standards and guidelines for MA 3b. Initial scoping began in February of 1991. Issues that were identified include water quality, soil productivity, wildlife habitat, we area protection, and economics of helicopter harvesting needed for research objectives and design. Preliminary analysis and alternative formulation have resulted in the proposed action. This proposed action meets the objectives of the Governing Research Plan and proposes to implement the research plan by treating approximately 180 clearcut acres and 90 partial cut acres of 70 to 80 year old Douglas fir forest. There are 3 study blocks, each containing 6 treatment units and 1 control area, resulting in a total of 18 treatment units and 3 control areas. Each treatment unit would be approximately 15 acres in size. Helicopter yarding would be used for removal of the trees. The research plan has been scaled down and refined to minimize environmental effects. At its fullest extent, the original research concept would have included 36 treatment units and 4 control areas. Alternative 2 is the No Action alternative. A scoping meeting will be held in early December. If you are interested in this meeting, please notify us for the location and time. The Forest Service will be seeking additional information, comments and assistance from Federal, State and local agencies and other individuals or organizations who may be interested or affected by the proposed project. Additional information will be used to further identify key issues or develop other alternatives. This input will be used in preparation of the draft EIS. The draft EIS is expected to be filed with the Environmental Protection Agency (EPA) and to be available for public review by March 1995. 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 it is important to give reviewers notice at this early stage of several court rulings related to public participation in the environmental review process. First, a reviewer 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 be raised at the draft EIS 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 45-day comment period so that substantive comments and objectives 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.) The final EIS is scheduled to be completed by May 1995. In the final EIS, the Forest Service is required to respond to 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 the decision regarding this proposal. The responsible official will document the decision and rationale for the decision in the Record of Decision. That decision will be subject to Forest Service appeal Regulations (36 CFR 217). Dated: November 8, 1994. Darrel L. Kenops, Forest Supervisor. [FR Doc. 94-28373 Filed 11-16-94; 8:45 am] BILLING CODE 3410-11-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-28373. Public record. Not legal advice.