Supplement to the Final Environmental Impact Statement for the Summit Fire Recovery, Malheur National Forest, Grant County, Oregon

DEPARTMENT OF AGRICULTURE

Forest Service

Supplement to the Final Environmental Impact Statement for the

Summit Fire Recovery, Malheur National Forest, Grant County, Oregon

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to supplement a final environmental impact

statement.

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SUMMARY: The USDA, Forest Service, will prepare a supplement to the

final environmental impact statement (EIS) for the Summit Fire Recovery

on the Long Creek Ranger District of the Malheur National Forest. The

final EIS and Record of Decision for the Summit Fire Recovery were

released by Forest Supervisor F. Carl Pence in October 1997 [Notice of

Availability, October 10, 1997, (62 FR 52998)]. A review of the

existing environemtal analysis specific to riparian habitat

conservation areas, management indicator species, and water quality

within the Summit Fire project area revealed new environmental

information. This information will be documented as a supplement to the

existing analysis.

DATES: Written comments are due March 6, 1998.

ADDRESSES: Send written comments and suggestions concerning the scope

of this supplemental analysis to Doug V. Robin, District Ranger, P.O.

Box 849, John Day, Oregon 97845.

FOR FURTHER INFORMATION CONTACT: Acting Deputy Forest Supervisor Dave

Craig, P.O. Box 909, John Day, OR 97845 or District Ranger Doug Robin,

P.O. Box 849, John Day, OR 97845 (phone: 541-575-3000).

SUPPLEMENTARY INFORMATION: The purpose of the supplement is to evaluate

new information available to the Forest Service with regard to riparian

habitat conservation areas (RHCA), management indicator species (MIS),

soils, roadless area character, and water quality. Alternatives in the

final EIS will include at least one new alternative which will be

considered in light of the new information.

A draft supplement will be prepared and circulated for comment.

Comments received on the draft supplement EIS will be considered in the

preparation of the final EIS. The draft supplement is expected to be

available for public review and comment in March 1998.

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, reviewers of

the supplemental EIS must structure their participation in the

environmental review of the proposal so that it is meangingful and

alerts an agency to the reviewer's position and contentions. Vermont

Yankee Nuclear Power Corp. v. NRDC, 436 U.S. 519, 553 (1978). Also,

environmental objections that could be raised at the draft supplement

EIS stage, but that are not raised until completion of the final EIS,

may be waived or dismissed by the courts. City of Angoon v. Hodel, 803

f. 2d 1016, 1002 (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 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 EIS.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action, comments on the draft supplement

EIS should be as specific as possible. It is also helpful if comments

refer to specific pages or chapters of the draft supplement. Comments

may also address the adequacy of the supplement 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 for completion by Summer 1998. In the

final EIS, the Forest Service is required to respond to substantive

comments received during the comment period for the draft supplement.

Forest Supervisor F. Carl Pence is the Responsible Official. He will

decide which, if any, of the alternatives will be implemented. His

decision and rationale for the decision will be documented in the

Record of Decision, which will be subject to Forest Service Appeal

Regulations (36 CFR 215).

Dated: February 11, 1998.

F. Carl Pence,

Forest Supervisor.

[FR Doc. 98-4287 Filed 2-19-98; 8:45 am]

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