Significant Amendment of the Land and Resource Management Plan of the Ouachita National Forest for Managing Approximately 111,580 Acres of Acquired Lands in McCurtain County, OK

DEPARTMENT OF AGRICULTURE

Forest Service

Significant Amendment of the Land and Resource Management Plan of

the Ouachita National Forest for Managing Approximately 111,580 Acres

of Acquired Lands in McCurtain County, OK

AGENCY: Forest Service, USDA.

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

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SUMMARY: Pursuant to 16 U.S.C. 1604(f)(4), the Forest Service will

prepare an environmental impact statement (EIS) for the decision to

amend the Land and Resource Management Plan (Forest Plan) for the

Ouachita National Forest. Comments should focus specifically on the

preliminary proposal described below and on possible alternatives.

The current Forest Plan, which provides programmatic guidance for

management of the Ouachita National Forest, was implemented in 1986 and

subsequently has been amended 30 times (including a significant

amendment in 1990 that resulted in the publication of a new Forest

Plan.) As many as six primary decisions may be made in the amendment

described in this notice: (a) Modification of forest-wide goals,

objectives, standards, and/or guidelines (if needed); (b) allocation of

lands and waters to management areas; (c) identification of lands

suitable for timber production; (d) re-determination of forest-wide

allowable sale quantity (ASQ) (if needed); (e) identification of lands

suitable and potentially available for cattle grazing; and (f)

determination of the eligibility and suitability of the Glover and

Mountain Fork Rivers for possible Congressional designation under the

National Wild and Scenic River System (NWSRS).

Significant amendments to Forest Plans follow the same procedures

required for the development and approval of forest plans (36 CFR part

219.10(f)), including completion of an EIS. The Forest Service

determined that the amendment discussed in this notice will be

significant because (a) it will establish goals, objectives, management

areas, standards, and guidelines for a block of approximately 111,580

acres of acquired lands newly added to the National Forest System (the

``Broken Bow unit'') and (b) as a result of allocating these lands to

management areas, this amendment may change the overall desired future

condition of the Ouachita National Forest. An EIS is also needed

because the analysis conducted during the amendment process may result

in a recommendation to Congress concerning possible additions to the

NWSRS.

As part of the overall effort to ensure that treaty rights are

honored and responsibilities to American Indian Tribes are met, the

Forest Service will consult and exchange information routinely with

affected and interested Tribes on a government-to-government basis

throughout this amendment process. The Forest Service will also work

closely with local governments, State and Federal agencies, and elected

officials.

The environmental analysis and decision-making process will include

the following opportunities for public participation and comment:

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Estimated date Step Public involvement

------------------------------------------------------------------------

Late March 1999............. Publish formal 30-day formal

Notice of Intent comment period;

(with preliminary Newsletter; press

proposal). releases, Web site.

Mid-May 1999................ Summarize issues in Workshop Newsletter,

response to the Web page update.

proposal and

amendment.

By mid-June 1999............ Develop alternatives Mailing, Web page

update; Workshop

and informal

meetings, if

needed.

July 1999................... Issue draft EIS..... Invite public

comment; 90-day

formal review;

Workshop and

informal meetings;

Newsletter, press

releases, Web site

update.

December 1999............... Issue amendment and Newsletter, press

EIS. releases, Web site

update.

------------------------------------------------------------------------

The Forest Service will meet with interested groups, organizations,

and individuals to discuss the proposed amendment. The agency will also

host at least one workshop in McCurtain County, Oklahoma, to present

and clarify the preliminary proposal, describe ways the public can

participate in the process, and accept comments from the public on the

proposal for amending the Forest Plan. The Forest Service will also

consider comments received at any time during the amendment process.

Following the publication of this Notice of Intent (NOI), a draft

EIS will be prepared and published. The draft EIS will include a

preferred alternative with specific language to amendment the Forest

Plan. This preferred alternative will be developed based on issues that

are raised in response to the preliminary proposal presented in this

NOI. The Forest Service will then again actively seek information,

comments, and assistance from Federal, State and local agencies and

from individuals and organizations that may be interested in or

affected by the preferred alternative in the draft EIS. It is very

important that

[[Page 15719]]

those interested in this proposal participate at that time.

DATES: Comments responding to this Notice of Intent (NOI) should be

received in writing (electronic mail acceptable) by April 30, 1999. The

draft EIS should be available for public review in July 1999. The

comment period for the draft EIS will commence on the day the

Environmental Protection Agency publishes the Notice of Availability in

the Federal Register. After a comment period of 90 days, the Final EIS

and Forest Plan Amendment should be completed by December 1999.

ADDRESSES: Send written comments concerning this Notice to: Plan

Amendment, Ouachita National Forest, P.O. Box 1270, Hot Springs, AR

71902, for send electronic mail to: mcit/[email protected]>

All comments received about the Forest Plan amendment, including

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

of the public record concerning 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

part 217.

FOR FURTHER INFORMATION CONTACT: John Cleeves, Forest Planner, Ouachita

National Forest, (501) 321-5251; or Bill Pell, Acting Team Leader for

Planning and Recreation, (501) 321-5320; TDD (501) 321-5307.

SUPPLEMENTARY INFORMATION:

Purpose and Need To Amend the Forest Plan (Why Is the Forest

Service Proposing To Amend the Ouachita National Forest Plan?

In November 1996, approximately 111,300 acres were added to the

Ouachita National Forest in the north-central portion of McCurtain

County, Oklahoma, as a result of a major land exchange. Approximately

28,093 acres of land in the southeastern corner of the county were

subtracted from the National Forest System at the same time. As part of

this land exchange, the Forest Service also acquired lands in Le Flore

County, Oklahoma and several Arkansas counties and disposed of

additional National Forest System lands in Arkansas. Lands added to the

Ouachita National Forest in these counties were addressed in Amendment

30 to the Forest Plan. The amendment described in this NOI deals only

with lands acquired in McCurtain County. (In addition to lands acquired

through the exchange, the Ouachita National Forest purchased

approximately 280 acres that are now included in the Broken Bow unit.)

The Federal legislation that authorized the land exchange (Omnibus

Parks and Public Lands Management Act of 1996) specified that the

Forest Service would manage these acquired lands and waters (here and

in other counties) under the forestwide standards and guidelines in the

existing Forest Plan until the acquired lands were incorporated in the

Plan through a formal amendment process. The legislation further

stipulated that the Forest Service would initiate the process to

incorporate these lands and waters in the Forest Plan within 12 months

after the exchange was completed. (An interdisciplinary team was formed

and work began within the prescribed 12-month period.) The purpose of

this amendment, then, is to establish the goals, objectives, management

areas, standards, and guidelines under which the acquired lands in

question will be managed.

Topics To Be Addressed (What Topics Will Be Addressed in the Forest

Plan Amendment and How Were They Determined?)

Forest Plans provide programmatic frameworks for decision-making on

each National Forest. Each Plan sets forth goals, objectives, advisable

courses of action, and limitations to actions. These advisable courses

and limitations to actions are called standards and guidelines. Some

standards and guidelines apply forestwide. Others apply only to

specific subdivisions of the National Forest called Management Areas.

The National Forest Management Act and associated agency regulations

(36 CFR part 219.10(f)) provide direction for amendment Forest Plans.

To set the stage for this amendment, the Forest Service developed a

preliminary list of topics likely to be relevant to the decision-making

process. This list was based on a review of legal requirements; current

conditions in the Broken Bow unit, including social, cultural,

economic, and environmental factors; and public interest. The

interdisciplinary team also considered the results of monitoring and

evaluation activities, Forest Plan and project level appeal issues and

decisions, lawsuit issues and decisions, new scientific information,

changing public demands, and Forest Service direction concerning

ecosystem management and the Natural Resource Agenda. This amendment

will address the following broad topics, among others: Recreation; Off-

Road Vehicles; Threatened, Endangered, and Sensitive Species;

Transportation System; Roadless Areas; Timber Suitability and Allowable

Sale Quantity; Wild and Scenic Rivers; Range (cattle grazing) and

Vegetation Patterns.

The Forest Service has prepared a brief discussion paper for each

amendment topic. These papers (available at www.fs.fed.us/oonf/

mccurtain/papers2.htm) define topics in the context of related Forest

Plan decisions to be made, the existing situation on the Broken bow

unit, and current Forest Plan direction. The proposal described later

in this Notice is an attempt to integrate the concerns and

opportunities presented by each of the broad topics summarized below.

Recreation: Public interest in enhancing recreation and tourism

opportunities in southeastern Oklahoma was a strong factor in local and

State support for the land exchange. Among the prominent features of

the Broken Bow unit are 10 miles of the Mountain Fork River, more than

14 miles of the Glover River, proximity to the 14,000-acre Broken Bow

lake, steep forested ridges, large areas of pine plantations, and an

extensive road network. Rugged topography, natural stands of oak and

pine, and lack of road access on the northwest, north, and east sides

of the lake contrast with less severe topography, extensive pine

plantations, and many miles of low standard roads on the west. These

lands and waters offer a great variety of recreational opportunities.

Places of high visual sensitivity include those within the view of

heavily traveled roads and trails, recreation areas, and other scenic

vistas in the area. The U.S. Army Corps of Engineers manages Broken Bow

Lake and much of its shoreline. The Oklahoma Tourism and Recreation

Department and the Oklahoma Department of Wildlife Conservation manage

other parts of the shoreline (some under lease arrangement with the

Corps) and portions of the uplands around the lake, including McCurtain

County Wilderness Area, which is nearly surrounded by National Forest

land.

The general area already receives considerable recreation use from

local residents and many people who travel from Texas, elsewhere in

Oklahoma, and other states. Dallas/Ft. Worth, Tulsa, and Oklahoma City

are within a half-day's drive of these lands. People are attracted to

the area for its natural settings on both public and timber industry

lands and for the various recreation facilities currently available.

Beaver's Bend-Hochatown State Park, located on the west shore of the

lake, is one of the most popular parks in Oklahoma; a Corps recreation

area (managed by the State of Oklahoma) on

[[Page 15720]]

the lower Mountain Fork River provides an additional draw. Facilities

at these State and Federal recreation areas include 8 campgrounds with

nearly 400 campsites, the 40-room Lakeview Lodge, a nature/education

center, 47 cabins, picnic and swimming areas, a marina, numerous boat

launching ramps, a system of hiking trails, and a golf course.

Broken Bow Lake is a major attraction for fishing and boating

enthusiasts. The lower part of the Mountain Fork is a stocked trout

fishery, and the Glover River is considered the finest smallmouth bass

fishery in Oklahoma. Both the Glover and Mountain Fork Rivers receive

considerable use by anglers and floaters.

Off-road Vehicles: ORV use is a popular activity on the acquired

lands, which have a high density of low standard roads that provide

access to thousands of acres of pine plantations. These roads have

traditionally been open to ORV riding (when they were in private

ownership). However, current Oklahoma State law prohibits ORV riding on

public roads, including National Forest roads. Because of the rugged

terrain north and east of the lake and low road density, ORV use there

is probably restricted to the road system and lake access points.

Little is known about the extent or nature of any resource damage due

to ORV use in the area. Some members of the public support allowing

continued ORV use in the area; others would like to see some

restrictions, such as limiting cross-country travel to that necessary

to transport game.

Threatened, Endangered, Sensitive Species: Another selling point

for the land exchange was that it would offer enhanced opportunities

for conservation of threatened, endangered, and sensitive species on

public lands, particularly in McCurtain County, Oklahoma. For starters,

the sections of the Mountain Fork and Glover Rivers and their

tributaries within the Broken Bow unit contain some of the richest

aquatic faunas in Oklahoma, including populations of the threatened

leopard darter (Percina pantherina), several species the Forest Service

lists as ``sensitive'' or as candidates for listing as sensitive, and

important sport fishes. The U.S. Fish and Wildlife Service has

designated portions of the two rivers as Critical Habitat for the

leopard darter.

The red-cockaded woodpecker (Picoides borealis) occurs in the

McCurtain County Wilderness Area, which is owned by the state of

Oklahoma and managed by the Oklahoma Department of Wildlife

Conservation. This endangered species has been observed foraging on

adjacent National Forest land but is not known to nest there. The

Nature Conservancy found four sites showing evidence of occupation or

offering prime habitat for red-cockaded woodpeckers during a 1995

ecological assessment of what are now national forest lands: Locust

Mountain, Hee Mountain, Little White Oak Mountain, and Five Mile

Hollow.

The endangered peregrine falcon (Falco peregrinus anatum) has been

observed near Brokem Bow Lake as a transient during migration. There is

a high probability that this species roosts on National Forest land

near the lake. The threatened bald eagle (Haliaeetus leucocephalus)

uses habitat along the Mountain Fork River in the vicinity of Broken

Bow Lake in the winter, roosting on the National Forest. Based on

recent summer observations, biologists suspect that bald eagles may

also nest in the vicinity.

Another federally listed species that may occur in the Broken Bow

unit is the endangered American burying beetle (Nicrophorus

americanus). Due to the similarity of habitat types present on these

lands to occupied habitats elsewhere on the National Forest, there is

potential for this species to occur in the Broken Bow unit. Several

other sensitive species occur within the unit. See the topic paper

concerning Terrestrial Threatened, Endangered, and Sensitive Species

for further information.

Transportation System: The acquired lands include an extensive road

network that was developed by Weyerhaeuser Company for intensive timber

management. The roads and associated drainage structures vary

considerably in width, design standards, and general condition. An

inventory of the existing roads on the Broken Bow unit identified about

566 miles on National Forest land (a road density of 3.26 miles per

square mile).

Roadless Areas: The Forest Service maintains inventories of land

areas that have few or no permanent roads. During Forest Plan revision,

the agency conducts a public review of options for all ``roadless

areas,'' and one or more of these areas could eventually be recommended

to Congress for wilderness designation. It is important to note that no

wilderness determination will be made during the Forest Plan amendment

process.

Areas of National Forest land that appear to fit current Forest

Service criteria for roadless character are the 7,356-acre Ashford Peak

area on the east side of Broken Bow Lake and the 7,285-acre Bee

Mountain area on the west side of the lake. Weyerhaeuser reserved oil

and gas rights until the year 2041 on the Ashford Peak area and on a

small portion of the Bee Mountain area; all minerals are outstanding on

the bulk of Bee Mountain. Reserved or outstanding mineral rights do not

necessarily disqualify an area from being ``roadless,'' especially if

mineral rights are obtainable and/or there is no surface occupancy or

development. Currently no development exists in either area. The State-

owned McCurtain County Wilderness Area lies in the northern part of the

block of National Forest lands under consideration here.

Vegetation Patterns: Based on analysis of satellite imagery from

May 1998, the team estimated that there are about 61,600 acres where

pines predominate the forest canopy and at lest 46,000 where hardwoods

predominate. Roads and other nonforested conditions occupy about 4,000

acres. More than half of the pine-dominated acreage consists of

loblolly pine plantations less than 30 years old; the remainder

consists of more natural forest cover in which shortleaf pines

predominate. The pine plantations average 110 acres in size, but

several exceed 200 acres. As more detailed, ground-based forest

inventories are completed, these estimates will be refined. The team

recognizes that many members of the public are concerned about

conserving hardwood trees and conserving or restoring older forests and

woodlands of all kinds.

Timber Suitability and Allowable Sale Quantity (ASQ): Timber

management on the Ouachita National Forest is designed to perpetuate

native forests, sustain habitat for viable populations of native plants

and animals (including sensitive species), protect water quality and

aesthetic values, yield valuable timber products, and support local

economic activity. National Forest lands ``suitable'' for timber

production (as one element of their management) are those that are

physically and legally capable of supporting timber harvests and timber

regeneration activities on a regulated and sustained basis. The ASQ is

the volume of timber that may be sold annually from the ``suitable''

lands covered by the Forest Plan. Prior to the exchange, the suitable

land base was approximately 994,000 acres, and the ASQ was 29.2 million

cubic feet (144 million board feet).

The Broken Bow unit includes a mix of cutover lands, loblolly pine

plantations, and mixed pine-hardwood stands of varying densities and

age classes, while the portions of the Tiak tract traded to

Weyerhaeuser consisted mainly of well-stocked sawtimber stands on

highly productive coastal

[[Page 15721]]

plain sites. These changes in the National Forest land base may result

in a change of lands suitable for timber harvest and the corresponding

ASQ.

Wild and Scenic Rivers: River eligibility studies are carried out

in accordance with the Wild and Scenic Rivers Act and the Final Revised

Guidelines for Eligibility, Classification, and Management of River

Areas (Federal Register 9/7/82) of the U.S. Department of the Interior

and the U.S. Department of Agriculture. To be eligible for inclusion in

the National Wild and Scenic Rivers System, a river must be free

flowing and have one or more outstanding remarkable scenic,

recreational, geological, fish and wildlife, archeological/historical,

or other features. The planning team has conducted eligibility studies

for portions of the Glover and Mountain Fork Rivers.

Range (cattle grazing): Cattle grazing is a traditional use of the

acquired lands that developed over many years when the lands were in

private ownership. This activity and land use is a source of income for

some local cattle owners. Cattle grazing has long been recognized as

one of the important multiple uses of National Forest land when managed

in a way that ensures protection of ecological values.

Curently 19 individuals have temporary permits to use portions of

the acquired lands to graze about 1,000 head of cattle. (These

permittees had grazing permits with Weyerhaeuser for these lands prior

to the exchange.) Many of these are ``on/off'' permits, with the cattle

grazing freely between private lands and National Forest lands. The

majority of National Forest lands are included in the permit areas, but

most of the grazing occurs on roadsides and in young plantations that

have not reached crown closure. There are few fences on the property

lines.

While some of the following additional topics will be discussed in

the draft EIS, no specific decisions concerning them will be made in

this amendment:

1. Location of grazing allotments, identification of individual grazing

permittees, or specific conditions for grazing (such as number of

animals allowed, permitted use periods, range improvements).

2. Project-level decisions such as construction of recreation

facilities (e.g., trails or campgrounds) and identification of

individual timber sales or road closures.

3. Level of funding the county will receive in any given year from ``25

percent returns.'' (The Forest Service annually returns 25 percent of

all gross revenues to counties with National Forest lands; the EIS will

discuss the possible effects of the Forest Plan decisions on 25 percent

returns.)

4. Ecological restoration of native forests in loblolly pine

plantations. (Restoration will be the subject of another Forest Plan

amendment.)

5. Relationships with neighboring landowners (including road easements

and property lines).

6. Community development. (The Forest Service supports community

development activities and recognizes that Forest Plan decisions may

influence development opportunities and quality of life in local

communities. The draft EIS will examine possible economic and social

impacts to local communities and at a broader regional level.)

Preliminary Proposal

The Forest Service has prepared a preliminary proposal to address

the six primary decisions and now seeks comments on this proposal.

Comments received will be used to develop alternatives to the

preliminary proposal.

(1) Modification of forest-wide goals, objectives, standards, and/or

guidelines (if needed): The Forest Service does not believe that such

modifications are warranted at this time. In other words, the

preliminary proposal is to manage the acquired lands in the Broken Bow

unit under the current forest-wide goals and objectives of the Forest

Plan.

(2) Allocation of lands and waters to management areas: Allocate the

approximately 111,580 acres of the Broken Bow unit as described below.

(Unless noted otherwise, Management Area numbers refer to those in the

current Forest Plan.). All acreage estimates are subject to change on

the basis of future site-specific analysis and planning. Items (a)

through (d) describe the Management Area allocations that can be

readily displayed at the scale of a Forest map. Items (e) through (j)

describe those Management Areas that cannot be displayed on a Forest

map scale. A map displaying the four allocations (Management Areas 20,

22, and 23 and ``General Forest'') is available for public review at

100 Reserve Street, Federal Building, Second Floor, Hot Springs,

Arkansas and on the Internet at: www.fs.fed.us/oonf/mccurtain/.

(a) General Forest (typically a combination of Management Areas 9,

10, 11, 12, 13, 14, and 18, but may also include others): approximately

29,885 acres. Management Area 14 (Lands Suitable for Timber Production,

Ouachita Mountains) usually is the most prominent in this mix of

Management Areas. This area includes lands of moderate to low

productivity (e.g., site indices are at least 50 for shortleaf pine and

60 for hardwoods) that have not been assigned to more restrictive

Management Areas. Much of the timber produced on the Ouachita National

Forest comes from Management Area 14, but these lands also help meet

vital wildlife habitat, watershed protection, and recreation needs.

(b) Management Area 20--Wild and Scenic River Corridors:

approximately 6,735 acres (all unsuitable for timber production).

Management Area 20 consists of corridors of rivers eligible or

potentially eligible for inclusion in the National Wild and Scenic

Rivers System. Within the Broken Bow unit, segments of the Mountain

Fork and Glover Rivers would be included in this Management Area.

(c) Management Area 22-Shortleaf Pine-Bluestem Renewal and Red-

Cockaded Woodpecker Habitat Management Area: approximately 51,110 acres

(including lands suitable and unsuitable for timber production).

Management Area 22 includes National Forest lands that historically

provided or currently provide nesting and/or foraging habitat for the

red-cockaded woodpecker and that are dedicated to renewal of the

shortleaf pine-bluestem grass ecosystem. Forest management activities

include periodic thinning, prescribed fire, and regeneration by the

two-aged shelterwood method. No actions would be taken that would

diminish the roadless characteristics of inventoried roadless areas

within this Management Area.

(d) Management Area 23 (new to the Forest Plan)--Broken Bow Lake

(area): approximately 23,850 acres (including lands suitable and

unsuitable for timber production). Management Area 23 would include

lands that can be seen from the main part of the lake and most other

National Forest lands east of Highway 259 and south of the proposed

boundary of Management Area 22. The emphasis would be on conserving and

enhancing the area's unique combination of recreational,

[[Page 15722]]

aesthetic, wildlife habitat, and water quality values and benefits.

The following Management Areas cannot be displayed at the fairly

coarse scale of a Forest map. Some of the ones likely to be applied to

the Broken Bow Unit by the Forest Plan amendment include:

(e) Management Area 9--Water and Riparian Areas (ponds, lakes,

streamside zones, and riparian areas; streamside zones have minimum

widths of 100 feet to both sides of perennial streams and 30 feet both

sides of all other streams), all considered unsuitable for timber

production: approximately 12,600 acres plus approximately 11,550 acres

of equivalent streamside management zones in Management Area 22 for a

total of approximately 24,150 acres in streamside management zones.

(f) Management Area 10--Nonforest (consists of roads, rights-of-

ways, and special uses located within other Management Areas):

estimated acres will be supplied in the draft EIS.

(g) Management Area 11--Not Appropriate for Timber Production

(lands of low productivity, i.e., 20 to 49 cubic feet of tree growth

per acre per year; site index for hardwood generally less than 60 and

for pine, less than 50): estimated acres will be supplied in the draft

EIS.

(h) Management Area 12--Nonproductive (areas of rock outcrops or

shallow soils on which tree growth is less than 20 cubic feet per

year): estimated acres will be supplied in the draft EIS.

(i) Management Area 13--Unsuitable Lands Based on Other Resource

Coordination (lands unsuitable for timber production that are not

included in other Management Areas): estimated acres will be supplied

in the draft EIS.

(j) Management Area 18--Visually Sensitive Foreground Areas, Roads

and Trails (foreground area along sensitivity level 1 and 2 roads,

e.g., major highways and major forest roads, and trails): estimated

acres will be supplied in the draft EIS.

(3) Identification of lands suitable for timber production: Based upon

an analysis of satellite imagery, slope and soils data, the preliminary

assignment of lands and waters to four major Management Areas

(described above), and estimates of streamside management zones, the

interdisciplinary team estimates that approximately 54,000 acres of the

Broken Bow unit may be suitable for timber production. Of these lands,

at least 32,000 acres consist of loblolly pine plantations. The

disposal of 28,093 acres of coastal plain lands (former portions of the

Tiak Ranger District) and the addition of approximately 111,580 acres

in the mountainous part of McCurtain County has resulted in an

estimated net increase of about 25,750 acres of National Forest land

suitable for timber production. Further analysis of timber suitability

will be included in the draft EIS.

(4) Re-determination of forest-wide allowable sale quantity (ASQ) (if

needed): The land base suitable for timber production for the Ouachita

National Forest has increased as a result of the land exchange, but the

average timber productivity of the acquired lands in Oklahoma is less

than that of the former National Forest lands that are now in private

ownership. The interdisciplinary team will conduct analyses to

determine the net change, if any, in ASQ.

(5) Identification of lands suitable and potentially available for

cattle grazing: Most of the acquired lands appear to be suitable for

controlled grazing. The capability of these lands for producing forage

for grazing animals will be analyzed and reported in the draft EIS.

(6) Determination of the eligibility and suitability of the Glover and

Mountain Fork Rivers for possible congressional designation as Wild and

Scenic Rivers: The interdisciplinary team has made a preliminary

determination that the portion of the Glover River within National

Forest boundaries should be recommended for inclusion in the National

Wild and Scenic Rivers System; the team will not recommend the portions

of the Mountain Fork River within National Forest boundaries for such

inclusion at this time.

Glover River: Segment I--19.5 stream miles, beginning at the

confluence of East and West Forks, T3S, R23E, Sec. 7, and extending

south to the Forest proclamation boundary, T5S, R23E, Sec. 9 (about 0.8

mile downstream from the bridge on road 50000). This segment (and

possibly lower portions of Cedar and Carter Creeks) is eligible because

the stream is free flowing and has outstandingly remarkable scenic,

recreational, fish and wildlife, geological and archaeological/historic

values. It qualifies for classification as ``scenic'' because it is

free of impoundments, has shorelines or watersheds still largely

primitive and shorelines largely undeveloped, and has several access

points and road crossings. The Forest Service will complete a report to

determine if this segment of the Glover River is suitable for inclusion

in the NWSR System. Segment II--12.5 stream miles, beginning at the

southern limit of the Forest proclamation boundary south to the

confluence with Little River. Because this segment of the Glover River

is in private ownership and outside the National Forest proclamation

boundary, the Forest Service will not conduct an eligibility and

suitability study. Such a study would be more appropriately conducted

by a State agency.

Mountain Fork River: Segment I--15.9 stream miles, including that

part of the river from the Oklahoma-Arkansas State line, T1S, R27E,

Sec. 3, downstream to the Forest proclamation boundary at the Oklahoma

Highway 4 bridge, T1S, R25E, Sec. 24. This segment of the Mountain Fork

is entirely in private ownership and outside the National Forest

proclamation boundary. The Forest Service will not conduct an

eligibility or suitability study of this stretch of river. Such a study

would be more appropriately conducted by a State agency. Segment II--

9.1 miles, including that part of the river from the Forest

proclamation boundary at the Oklahoma Highway 4 bridge downstream to

the upper end of Broken Bow Lake (600-foot elevation level). This

segment is eligible for designation under the Wild and Scenic Rivers

Act because it is free flowing and has outstandingly remarkable scenic,

recreational, fish and wildlife, geological, and archaeological/

historical values. It qualifies as ``scenic'' because it is free of

impoundments, has shorelines or watersheds still largely primitive and

shorelines largely undeveloped, and has several access points and road

crossings. Because of limited National Forest ownership in this segment

(2.3 miles), it would be more appropriate for a State agency to

complete any further studies. Segment III--11.1 stream miles, beginning

at the Broken Bow dam and extending downstream to the National Forest

proclamation boundary at U.S. Highway 70, T6S,

[[Page 15723]]

R26E, Sec. 7. Although containing outstandingly remarkable scenic and

recreational values, this segment of river is not considered free

flowing and, therefore, is not eligible for inclusion in the NWSRS.

Possible Alternatives

The alternatives briefly summarized below have been discussed by

the interdisciplinary team; others will be developed in response to

public issues.

(1) Increase extent of Management Area 22. Increase Management Area 22

(renewal of the shortleaf pine-bluestem ecosystem) to encompass more

acreage, including most of the land tentatively proposed for allocation

to Management Areas 14 and 23.

(2) Establish a single Management Area 23 (Broken Bow Lake Management

Area) east of Highway 259, divided into 23a (Habitat Management Area

for Red-cockaded Woodpecker) and 23b [lower Lake area] instead of 22

and 23). This alternative would be developed to show a more integrated

picture of management direction within the Broken Bow Lake/Mountain

Fork River area. Standards and guidelines would change little.

(3) Increase the extent of Management Area 14. Allocate more land to

the Management Area that yields most of the wood products from the

Ouachita National Forest.

Further Information Concerning Public Comments on the Draft EIS

The Forest Service believes, at this early stage, that 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,

553 (1978). Also, environmental objections that could be raised at the

draft environmental impact statement stage but that are not raised

until after completion of the final environmental impact statement 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 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 environmental impact statement.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action, comments on the draft

environmental impact statement 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

environmental impact statement 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 part 1503.3 in addressing these points.

Responsible Official: The Responsible Official is Elizabeth Estill,

Regional Forester, Southern Region of the USDA Forest Service, located

at 1720 Peachtree Road, NW, Atlanta, GA 30367.

Dated: March 24, 1999.

George Wayne Kelley,

Deputy Regional Forester.

[FR Doc. 99-8010 Filed 3-31-99; 8:45 am]

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