USDA-Forest Service/Crown Pacific Limited Partnership Land Exchange, Deschutes, Fremont and Winema National Forests, Deschutes, Jefferson, Klamath and Lake Counties, OR

DEPARTMENT OF AGRICULTURE

Forest Service

USDA-Forest Service/Crown Pacific Limited Partnership Land

Exchange, Deschutes, Fremont and Winema National Forests, Deschutes,

Jefferson, Klamath and Lake Counties, 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 exchange lands in Central and Southern

Oregon. The exchange would result in the transfer of approximately

33,000 acres of National Forest System (NFS) lands for approximately

38,800 acres of Crown Pacific lands in Deschutes, Jefferson, Klamath

and Lake Counties in the State of Oregon. Transfer of these lands will

result in consolidation of NFS land ownership.

The EIS will be consistent with the Deschutes, Fremont and Winema

National Forests Land and Resource Management Plans (LRMPs) (as

amended), which provide overall guidance of all land management

activities on the Deschutes, Fremont and Winema National Forests.

The Forest Service invites written comments and suggestions on the

issues and management opportunities for the area being analyzed.

[[Page 46942]]

ADDRESSES: Send written comments to Sally Collins, Forest Supervisor,

Deschutes National Forest, 1645 Highway 20 East, Bend, Oregon 97701.

FOR FURTHER INFORMATION CONTACT:

Paul Claeyssens, Project Coordinator, 1645 Highway 20 East, Bend,

Oregon 97701, phone 541-383-5540.

SUPPLEMENTARY INFORMATION: The Forest Service is initiating this action

in response to a request by Crown Pacific to exchange lands that will

provide public benefits while improving management opportunities.

Consolidation will enable the Forest Service to implement more

effective ecosystem-based management; better protect wetlands and

riparian areas; and decrease the potential of urban development of

private inholdings within NFS boundaries. Lands acquired in the

exchange by the Forest Service will be managed in accord with the

LRMPs.

The proposed action will exchange lands that are loosely clustered

into three groups. The first, northernmost group, is located a short

distance west and northwest of Bend, within the Bull Creek drainage

near the Upper Deschutes River. The second and largest group is located

southwest of Bend. This group is roughly U-shaped, begins west of La

Pine, extends southward through Gilchrist/Crescent along the Little

Deschutes River, and circles east across Highway 31, then north. The

third group is largely on the Fremont National Forest in Klamath and

Lake Counties and lies south of Highway 31.

An initial scoping letter was mailed on April 22, 1996. Four public

involvement meetings were held between August and October 1996. These

meetings were held in Bend, La Pine, Gilchrist/Crescent, and Fort Rock.

Additional public meetings are contemplated. Based on analysis

completed to date, it was determined that an EIS is needed. Information

and data previously gathered will be carried forward in this EIS.

Issues that have been identified to date include: old growth

allocations, late and old structural stands, mule deer winter range,

sensitive plant species, and cultural resources.

At this time, alternatives being considered include: no action and

exchanging lands as identified in the proposed action. The EIS will

analyze the direct, indirect, and cumulative environmental effects of

the alternatives. Past, present, and projected activities on both

private and NFS lands will be considered. The EIS will disclose the

analysis of site-specific mitigation.

Public participation is important. Comments from the public will

continue to be used to:

--Identify, confirm or redefine potential issues.

--Identify, confirm or redefine major issues to be analyzed in depth.

--Eliminate minor issues or those which have been covered by a previous

environmental analysis, such as the Deschutes, Fremont and Winema

LRMPs.

--Identify alternatives to the proposed action.

--Identify, confirm or redefine potential environmental effects of the

proposed action and alternatives (i.e. direct, indirect, and cumulative

effects).

--Determine potential cooperating agencies and task assignments.

The draft EIS is expected to be filed with the Environmental

Protection Agency (EPA) and available for public review in November

1997. 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.

At that time, copies of the draft EIS will be distributed to interested

and affected agencies, organizations, tribes, and members of the public

for their review and comment.

It is important that those interested in the management of the

Deschutes, Fremont and Winema National Forests participate at that

time. The Forest Service believes it is important to give reviewers

notice at this stage of several court rulings related to public

participation in the environmental review process. First, reviewers of

draft EISs 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 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 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 these

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 in February 1998. 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.

Sally Collins, Forest Supervisor, Deschutes National Forest,

Charles Graham, Forest Supervisor, Fremont National Forest, and Bob

Castaneda, Forest Supervisor, Winema National Forest, are the

responsible officials. As the responsible officials, they will document

the Forest Service/Crown Pacific Land Exchange decision and the reasons

for the decision in the Record of Decision. That decision will be

subject to Forest Service appeal regulations at 36 CFR Part 215.

Dated: August 21, 1997.

Sally Collins,

Forest Supervisor, Deschutes National Forest.

Dated: August 22, 1997.

Charles Graham,

Forest Supervisor, Fremont National Forest.

Dated: August 26, 1997.

Bob Castaneda,

Forest Supervisor, Winema National Forest.

[FR Doc. 97-23582 Filed 9-4-97; 8:45 am]

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