Middle Fork John Day Range Planning on the Long Creek/Bear Valley and Prairie City Ranger Districts, Malheur National Forest, Grant County, Oregon
Federal RegisterFeb 25, 1999
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DEPARTMENT OF AGRICULTURE
Forest Service
Middle Fork John Day Range Planning on the Long Creek/Bear Valley
and Prairie City Ranger Districts, Malheur National Forest, Grant
County, Oregon
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) to update range management planning on 8 livestock
(cattle and horse) grazing allotments and three (3) administrative use
pastures which will result in the development of new Allotment
Management Plans (AMPs). The allotments are called Austin, Bear Creek,
Camp Creek, Lower Middle Fork, Elk, Blue Mountain, Upper Middle Fork on
the Long Creek/Bear Valley Ranger District, and Sullens on the Prairie
City Ranger District of the Malheur National Forest. The administrative
use pastures are called Sunshine, Bear Creek and Blue Mountain. The
range planning area is located approximately 20 to 25 air miles north
and east of John Day, Oregon. The allotments, combined, are called the
Middle Fork John Day Range Planning Area. Small portions of the
Umatilla and Wallowa-Whitman National Forest System lands that are
within the allotments, will also be considered in the proposal.
Management actions are planned to be implemented beginning in the year
2000. The agency gives notice of the full environmental analysis and
decision-making process that will occur on the proposal so that
interested
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and affected people may become aware of how they may participate in the
process and contribute to the final decision.
DATES: Comments concerning the scope of the analysis should be received
in writing by March 26, 1999.
ADDRESSES: Send written comments and suggestions concerning this
proposal to F. Carl Pence, Forest Supervisor, Malheur National Forest,
P.O. Box 909, John Day, Oregon 97845.
FOR FURTHER INFORMATION: Direct questions about the proposed action and
EIS to Paul Bridges, Interdisciplinary Team Leader, Wallowa-Whitman
National Forest, Baker Ranger District, 3165 10th Street, Baker City,
Oregon 97814, phone (541) 523-1950.
SUPPLEMENTARY INFORMATION: The proposed action is to continue to permit
livestock grazing on National Forest System lands. The proposed action
is designed to continue the improving trends in vegetation, watershed
conditions, and in ecological sustainability relative to livestock
grazing within the eight allotments of the Middle Fork John Day, Galena
and Camp Creek Watersheds. The action is needed to develop new AMPs
which incorporate results of recent scientific research, analysis and
documentation at the sub-basin level.
The Malheur Forest Plan as amended, recognized the continuing need
for forage production from the Forest and recognized the eight
allotments of the Middle Fork John Day, Galena and Camp Creek
watersheds as containing lands which are capable and suitable for
grazing by domestic livestock. This action is needed to continue this
historic use.
The eight allotments encompass approximately 185,886 acres of
National Forest System lands, with Bureau of Land Management (BLM) and
private land included in some allotments. Forest Plan Management Areas
(MAs) include MA1 (general forest), MA2 (rangeland), MA3 (riparian
zones), MA4 (big game winter range maintenance), MA7 (scenic area),
MA13 (dedicated/replacement old growth), MA14 (visual corridors), MA19
(administrative sites) and MA21 (wildlife emphasis area with non-
scheduled timber harvest). The administrative pastures make up
approximately 490 acres.
Four species of anadromous and resident salmonid fish species
inhabit the Middle Fork John Day Range Planning Area for all or part of
their life history. Both resident and/or anadromous forms of inland
redband trout/summer steelhead, fluvial and resident bull trout, spring
chinook salmon, summer steelhead and mountain whitefish are found
within the watershed. Two of these species are listed under the
Endangered Species Act, the bull trout are threatened, and the summer
steelhead are proposed to be listed as threatened. Spring chinook
salmon are regionally listed as sensitive. The planning area contains
habitat for two listed animal species, American peregrine falcon
(endangered) and northern bald eagle (threatened), and one proposed
species, North American lynx. Habitat for many other wildlife species
including management indicator species (MIS) is also present in the
planning area. These species include California wolverine, North
American lynx, Rocky Mountain elk, marten, pileated woodpecker, and
goshawk. Since 1992, mitigations associated with the Endangered Species
Act and other issues, have addressed many of the areas of past concern
on allotments within this planning area.
Preliminary issues include: (1) The effects of livestock grazing on
riparian conditions (including water quality, water temperature and
stream bank stability); (2) the ability to maintain ecological
sustainability and continue watershed restoration with continued
livestock grazing; (3) the effects of livestock grazing on threatened,
endangered, proposed, or sensitive (TES) species; and (4) the effects
of no grazing or reduced grazing on the local economy.
A detailed public involvement plan has been developed, and an
interdisciplinary team has been selected to do the environmental
analysis, prepare and accomplish scoping and public involvement
activities.
The proposed action is intended to provide the analysis needed to
prepare new AMPs that meet all the Forest Plan amended requirements of
Interim strategies for managing Pacific anadromous fish-producing
watersheds in eastern Oregon and Washington, Idaho, and portions of
California (PACFISH), Inland Native Strategies for Managing Fish-
producing Watersheds in Eastern Oregon and Washington, Idaho, Western
Montana, and Portions of Nevada (INFISH), and are consistent with the
scientific findings of the Interior Columbia Basin Ecosystem Management
Program (ICBEMP). Consultation with the National Marine Fisheries
Service and the U.S. Fish and Wildlife Service, as required under the
ESA, will be completed for all proposed activities.
Public involvement will be especially important at several points
during the analysis, beginning with the scoping process. The Forest
Service will be consulting with Indian Tribes and seeking information,
comments, and assistance from Federal, State, local agencies, tribes,
and other individuals or organizations who may be interested in or
affected by the proposals. The scoping process includes:
1. Identifying and clarifying issues.
2. Identifying key issues to be analyzed in depth.
3. Exploring alternatives based on themes which will be derived
from issues recognized during scoping activities.
4. Identifying potential environmental effects of the proposals and
alternatives (i.e., direct, indirect, and cumulative effects and
connected actions).
5. Determining potential cooperating agencies and task assignments.
6. Developing a list of interested people to keep apprised of
opportunities to participate through meetings, personal contacts, or
written comments.
7. Developing a means of informing the public through the media
and/or written material (e.g., newsletters, correspondence, etc.).
Public comments are appreciated throughout the analysis process.
The draft EIS is expected to be filed with the Environmental Protection
Agency (EPA) and be available for public review by September 1999. 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 final
EIS is scheduled to be available March 2000.
The Forest Service believes it is important to give reviewers
notice of this early stage of public participation and of several court
rulings related to public participation in the environmental review
process. First, reviewers 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 have been raised
at the draft stage may be waived or dismissed by the court if not
raised until after completion of the final EIS. 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 substantive comments and objections are made available to the Forest
Service at a time when it can meaningfully consider and respond to them
in the final EIS.
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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.)
In the final EIS, the Forest Service is required to respond to
substantive comments and response 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
a decision regarding the proposal.
The Responsible Official is F. Carl Pence, Forest Supervisor for
the Malheur National Forest. The Responsible Official will document the
decision and rationale for the decision in the Record of Decision. That
decision will be subject to appeal under 36 CFR Part 215.
Dated: February 12, 1999.
F. Carl Pence,
Forest Supervisor, Malheur National Forest.
[FR Doc. 99-4645 Filed 2-24-99; 8:45 am]
BILLING CODE 3410-11-M
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.