Triangle Land Exchange; Malheur, Umatilla, and Wallowa-Whitman National Forests; Baker, Grant, Harney, and Wallowa Counties, OR

DEPARTMENT OF AGRICULTURE

Forest Service

Triangle Land Exchange; Malheur, Umatilla, and Wallowa-Whitman

National Forests; Baker, Grant, Harney, and Wallowa Counties, OR

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Forest Service, USDA, will prepare and environmental

impact statement (EIS) on a proposal to exchange lands with Clearwater

Land Exchange-Oregon (Clearwater). Clearwater is acting as a third

party facilitator for multiple non-federal landowners. The proposal is

to exchange about 5,700 acres of non-federal land for approximately

3,939 acres of federal lands in the Blue Mountains of Northeastern

Oregon. The proposed exchange will be in compliance with the 1990

National Forest Land and Management Plans (Forest Plans) for the

Malheur, Umatilla, and Wallowa-Whitman National Forests, as amended,

which provide overall guidance for management of this area. The federal

and non-federal lands are located in Baker, Grant, Harney, and Wallowa

Counties of eastern Oregon; and on eight Ranger Districts of the three

Pacific Northwest Forests. Ranger Districts involved are Bear Valley,

Burns, and Long Creek Districts on the Malheur National Forest;

Pomeroy, North Fork John Day, and Walla Walla Districts on the Umatilla

National Forest; and Baker and Unity Districts on the Wallowa-Whitman

National Forest. Implementation of proposed exchange is scheduled for

January 2001. The Malheur National Forest invites written comments and

suggestions on the scope of the analysis. The agency gives notice of

full environmental analysis and decision making process that will occur

on the proposal so interested and affected members of the public may

become aware of how they can participate in the process and contribute

in the final decision.

DATES: Comments concerning the scope of the analysis should be received

in writing on or before October 29, 1999.

ADDRESSES: Send site specific written comments and suggestions

concerning this proposal to Gary W. Lieuallen, Lands Officer, Malheur

National Forest, PO Box 909, John Day, Oregon 97845.

FOR FURTHER INFORMATION CONTACT: Bob Miles, Resource Planner, PO Box

909, John Day, Oregon 97845, phone 541-575-3000.

SUPPLEMENTARY INFORMATION: An environmental assessment (EA) on an

original proposal entitled the Triangle Land Exchange was released for

public comment on October 22, 1998. After this comment period, it was

determined that Clearwater could not acquire mineral ownership on about

1,630 acres of the non-federal land, and this land was dropped from the

exchange. The EA was revised and released for public comment on April

14, 1999. The revised EA could not make a Finding of No Significant

Impact (FONSI). It was determined that an EIS should be completed for

this proposal.

The purpose and need of the proposed exchange is to enhance natural

resource management and improve management efficiency of federal lands

through ownership consolidation. Consolidation (1) reduces boundaries

requiring survey and maintenance (2) reduces numbers of permits for

join-use roads, and (3) eliminates easements and agreements necessary

to access in-holdings.

Other federal goals and objectives are (1) to protect habitat for

threatened, endangered , or sensitive species, (2) to acquire private

land in-holdings within the Wenaha Wild and Scenic River Corridor, (3)

to acquire private land in-holdings adjacent to the North Fork John Day

Wilderness, (4) to improve public access to federal lands, (5) to

improve efficiency in resource management by focusing limited dollars

and staff in consolidated areas, and (6) to improve public service.

All the federal lands proposed for exchange are on the Malheur

National Forest. They were included in the land ownership adjustment

schedule of the 1990 Malheur National Forest Land and Resources

Management Plan (LRMP) (Appendix M of the Plan) as lands available for

exchange. These federal parcels are not within the interior of the

Forest. Public access on National Forest System (NFS) lands adjacent to

or near the federal parcels will be maintained.

All the parcels proposed to be acquired meet Oregon State Forest

Practices Act standards and no reforestation or restoration activities

have been identified. There are no anticipated rehabilitation costs to

the federal government.

All the parcels for exchange are within the geographic area of

ceded lands and/or area of interest of the Confederated Tribes of the

Umatilla Reservation, Confederated Tribes of the Warm Springs

Reservation, Confederated Tribes of the Nez Perce, or the Burns Paiute

Tribes.

No Congressionally Designated Areas (i.e., Wilderness, Wild and

Scenic Rivers) are proposed to change from USDA jurisdiction. The

regulations for land exchanges (36 CFR 254.3(f)) state: ``Lands

acquired by exchange that are located within areas having an

administrative designation established throught the land management

planning process shall automatically become part of the area within

which they are located without further action by the Forest Service,

and shall be managed in accordance with the laws, rules, and

regulations, and land and resource management plan applicable to such

area.''

The Clearwater exchange lands are suitable and desirable for

inclusion in NFS, because consolidated ownership of these lands with

NFS would enhance the Forest Service's ability to implement ecosystem

management, and would increase the amount of Wild and Scenic River in

the NFS.

The exchange meets the pubic interest requirements in 36 CFR

254.3(b): (1) The resource values and the public objectives served by

the non-federal lands and interests to be acquired are equal or exceed

the resource values and the public objectives served by the federal

lands to be disposed; and (2) The intended use of the disposed federal

land will not substantially conflict with established management

objectives on adjacent federal lands, including Indian Trust lands.

Lands will be exchanged on a value for value basis, based on

current fair market value appraisals. The appraisal is prepared in

accordance with the Uniform Standards of Professional Appraisal

Practice and the Uniform Appraisal Standards for Federal Land

Acquisition. The appraisal prepared for the land exchange is reviewed

by a qualified review appraiser to ensure that it is fair and complies

with the appropriate standards. Under the Federal Land Policy and

Management Act of 1976, all exchanges must be equal in value. Forest

Service regulations at 36 CFR 254.3(c) require that exchanges must be

of equal value or equalized pursuant to 35 CFR 254.12 by cash payment

after making all reasonable efforts to equalize values by adding or

deleting lands. If lands proposed for exchange are not equal in value,

either party may make them equal by cash payment not to exceed 25

percent of the federal land value.

Five of the non-federal parcels proposed for exchange are

identified as having floodplains; however, preliminary analysis

indicates that implementation of any action alternative meets the

intent of Executive Order 11988, Floodplain Management.

[[Page 51730]]

Preliminary issues identified will include effects on threatened,

endangered, and proposed species; and exchanging federal lands which

contain late and old structure stands (LOS).

One of the purposes of this notice of intent is to solicit input

and encourage members of the public, interested organizations, federal,

state and county agencies, and local tribal governments to take part in

planning this project. Public participation will be especially

important at several points during the analysis, beginning with this

scoping process. Scoping will include listing this EIS in the Malheur

National Forest's Schedule of Proposed Activities; letters to agencies,

organizations, and individuals who have already indicated their

interest in land exchanges; and news releases in the Blue Mountain

Eagle, Baker City Herald, and Eastern Oregonian. Information received

will be used in preparation of the draft EIS. The scoping process will

include: (1) Identifying additional potential issues; (2) identifying

issues to be analyzed in depth; (3) eliminating non-significant issues

or those which have been covered by a previous environmental analysis;

(4) exploring additional alternatives; and (5) identifying potential

environmental effects of the proposed action and alternatives (i.e.

direct, indirect, and cumulative effects and connected actions).

No public meetings are contemplated; however, an open house in John

Day, Oregon, is anticipated to occur following issuance of the draft

EIS. This open house will be announced in the Malheur National Forest's

newspaper of record, the Blue Mountain Eagle; the Umatilla National

Forest's newspaper of record, the Eastern Oregonian; and the Wallowa-

Whitman National Forest's newspaper of record, the Baker City Herald.

A full range of alternatives will be considered, including a no

action alternative. The no action alternative will serve as a baseline

for comparison of alternatives. This alternative will be no change from

the current management of the Forests and will be fully analyzed. The

proposed action will be considered and additional alternatives

developed around the proposed action to address significant issues

identified during the scoping and public involvement process. Issues

gathered may vary action alternatives in the number, location, and

which parcels to exchange.

Comments received in response to this notice, including the names

and addresses of those who comment, will be considered part of the

public record on this proposal and will be available to 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 215 and 251.

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,

however, they should be aware that, under FOIA, confidentiality may be

granted in only 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.

The Forest Service is seeking information and comments from other

Federal, State, and Local agencies; tribes, organizations; and

individuals who may be interested in or affected by the proposed

action. This input will be used in the preparation of the draft EIS.

The draft EIS will be filed with the Environmental Protection

Agency (EPA) and is anticipated to be available for public review by

March 2000. The comment period on the draft EIS will be 45 days from

the date of EPA's 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 comments. It is important that those interested in

the management of the Malheur, Umatilla, and Wallowa-Whitman National

Forests participate at that time.

The Forest Service believes it is important to give reviewers

notice 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 stag, 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. 1335, 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 45

day comment period so 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 helpful if comments refer to specific

page or chapters of the draft EIS. 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).

After the 45 days comment period ends on the draft EIS, the

comments will be analyzed and considered by the Forest Service in

preparing the final EIS. The final EIS is scheduled to be completed by

September 2000. In the final EIS, the Forest Service is required to

respond to substantive comments received during the public comment

period. The Responsible Official is the Forest Supervisor for the

Malheur National Forest. She will consider the comments, responses,

environmental consequences discussed in the EIS and applicable laws,

regulations, and policies in making a decision regarding this land

exchange. The Responsible Official will document the Triangle Land

Exchange EIS decision and rationale for the decision in a Record of

Decision. That decision will be subject to Forest Service Appeal

Regulations (36 CFR part 215).

Dated: September 17, 1999.

Bonnie J. Wood,

Acting Forest Supervisor, Malheur National Forest.

[FR Doc. 99-24891 Filed 9-23-99; 8:45 am]

BILLING CODE 3410-11-M