Red Knight Restoration Project, Winema National Forest, Klamath County, OR

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: jgoodwin/[email protected].

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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