Drew Creek, Diamond Rock, and Divide Cattle Allotments, Tiller Ranger District, Umpqua National Forest, Douglas County, OR

DEPARTMENT OF AGRICULTURE

Forest Service

Drew Creek, Diamond Rock, and Divide Cattle Allotments, Tiller

Ranger District, Umpqua National Forest, Douglas 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) on a proposal to issue term grazing permits to graze

three livestock allotments on the Tiller Ranger District. The three

allotments are called Drew Creek, Diamond Rock, and Divide. The

proposed action is to issue ten-year term grazing permits to allow 216

cow/calf pairs to graze on these three allotments. The allotment areas

are located approximately 35 miles north of Medford, Oregon. If the

proposed action or another action alternative is selected, activities

under the selected action are expected to be implemented 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 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 April 30, 1999.

ADDRESSES: Send written comments and suggestions concerning this

proposal to Jill Dufour, District Ranger, Tiller Ranger District, 27812

Tiller Trail Highway, Tiller, Oregon 97484.

FOR FURTHER INFORMATION CONTACT: Direct questions about the proposed

action, allotment areas, or EIS to Wes Yamamoto, Resource Assistant,

Tiller Ranger District, 27812 Tiller Trail Highway, Tiller, Oregon

97484, or (541) 825-3201.

SUPPLEMENTARY INFORMATION: The current grazing program on the Tiller

Ranger District allows 3,953 head months of use on six grazing

allotments covering approximately 129,350 acres. The proposed action is

to permit 1,288 head months (HM's) to graze on three allotments

encompassing approximately 36,230 acres of the Tiller Ranger District.

Under the proposed action, 90 HM's would be permitted on the Drew Creek

Allotment, 680 HM's on the Diamond Rock Allotment, and 418 HM's on the

Divide Allotment.

This proposal represents a significant decrease in the level of

grazing from the historical use of the Tiller Ranger District. The

proposal removes cattle grazing for the majority of sensitive earthflow

landforms and reduces the season of use for fifty percent of the

permitted numbers during the fall. The reduced landbase, reduced

numbers of cattle, and reduced season will allow for a grazing program

that is consistent with the Aquatic Conservation Strategy (ACS)

objectives of the Umpqua National Forest Plan, as amended.

Initial scoping for the preparation of an environmental assessment

(EA), titled ``Range Permit Reissuance'', began with a notice in the

Umpqua National Forest's Schedule of Proposed Actions (SOPA) dated

July, 1995. The scoping conducted since that initial notice includes an

open house for the community (September 12, 1996), numerous meetings

with permittees beginning in 1996, field trips with the public and

specialists, and a press release to the media in 1998. Discussion of

the grazing issue with subject matter experts, including

representatives from the Oregon State University Extension Service, the

National Marine Fisheries Service, and the U.S. Fish and Wildlife

Service, has been occurring since 1996. This extensive scoping has

identified a number of issues, alternatives, and environmental effects

that will facilitate preparation of the draft EIS.

Preliminary issues identified to date include potential effects to

unique characteristics of the geographic area, endangered and

threatened species and their habitats, and the significant incremental

economic impact that this proposal would have to a small, economically-

depressed rural community. These preliminary issues demonstrate to the

decisionmaker that this proposal has potential to have significant

effects on the human environment. Preliminary discussions have also

produced scientific controversy pertaining to interpretations of the

Aquatic Conservation Strategy in the 1994 Northwest Forest Plan. Based

on all of above, the Responsible Official has determined that it is

appropriate to proceed with an environmental impact statement.

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 July, 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 in October, 1999.

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.

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 of

40 CFR 1503.3 in addressing these points.)

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

substantive comments and responses 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 Don

Ostby, Forest Supervisor for the Umpqua National Forest. The

Responsible Official will document the decision and rationale for the

decision in a Record of Decision. That decision will be subject to

appeal under 36 CFR Part 215.

Dated: March 24, 1999.

Bernie Rios,

Acting Forest Supervisor.

[FR Doc. 99-8136 Filed 4-1-99; 8:45 am]

BILLING CODE 3410-11-M