[Federal Register Volume 62, Number 172 (Friday, September 5, 1997)]
[Notices]
[Pages 46941-46942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23582]


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DEPARTMENT OF AGRICULTURE

Forest Service


USDA-Forest Service/Crown Pacific Limited Partnership Land 
Exchange, Deschutes, Fremont and Winema National Forests, Deschutes, 
Jefferson, Klamath and Lake Counties, 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 exchange lands in Central and Southern 
Oregon. The exchange would result in the transfer of approximately 
33,000 acres of National Forest System (NFS) lands for approximately 
38,800 acres of Crown Pacific lands in Deschutes, Jefferson, Klamath 
and Lake Counties in the State of Oregon. Transfer of these lands will 
result in consolidation of NFS land ownership.
    The EIS will be consistent with the Deschutes, Fremont and Winema 
National Forests Land and Resource Management Plans (LRMPs) (as 
amended), which provide overall guidance of all land management 
activities on the Deschutes, Fremont and Winema National Forests.
    The Forest Service invites written comments and suggestions on the 
issues and management opportunities for the area being analyzed.


[[Page 46942]]


ADDRESSES: Send written comments to Sally Collins, Forest Supervisor, 
Deschutes National Forest, 1645 Highway 20 East, Bend, Oregon 97701.

FOR FURTHER INFORMATION CONTACT:
Paul Claeyssens, Project Coordinator, 1645 Highway 20 East, Bend, 
Oregon 97701, phone 541-383-5540.

SUPPLEMENTARY INFORMATION: The Forest Service is initiating this action 
in response to a request by Crown Pacific to exchange lands that will 
provide public benefits while improving management opportunities. 
Consolidation will enable the Forest Service to implement more 
effective ecosystem-based management; better protect wetlands and 
riparian areas; and decrease the potential of urban development of 
private inholdings within NFS boundaries. Lands acquired in the 
exchange by the Forest Service will be managed in accord with the 
LRMPs.
    The proposed action will exchange lands that are loosely clustered 
into three groups. The first, northernmost group, is located a short 
distance west and northwest of Bend, within the Bull Creek drainage 
near the Upper Deschutes River. The second and largest group is located 
southwest of Bend. This group is roughly U-shaped, begins west of La 
Pine, extends southward through Gilchrist/Crescent along the Little 
Deschutes River, and circles east across Highway 31, then north. The 
third group is largely on the Fremont National Forest in Klamath and 
Lake Counties and lies south of Highway 31.
    An initial scoping letter was mailed on April 22, 1996. Four public 
involvement meetings were held between August and October 1996. These 
meetings were held in Bend, La Pine, Gilchrist/Crescent, and Fort Rock. 
Additional public meetings are contemplated. Based on analysis 
completed to date, it was determined that an EIS is needed. Information 
and data previously gathered will be carried forward in this EIS.
    Issues that have been identified to date include: old growth 
allocations, late and old structural stands, mule deer winter range, 
sensitive plant species, and cultural resources.
    At this time, alternatives being considered include: no action and 
exchanging lands as identified in the proposed action. The EIS will 
analyze the direct, indirect, and cumulative environmental effects of 
the alternatives. Past, present, and projected activities on both 
private and NFS lands will be considered. The EIS will disclose the 
analysis of site-specific mitigation.
    Public participation is important. Comments from the public will 
continue to be used to:

--Identify, confirm or redefine potential issues.
--Identify, confirm or redefine major issues to be analyzed in depth.
--Eliminate minor issues or those which have been covered by a previous 
environmental analysis, such as the Deschutes, Fremont and Winema 
LRMPs.
--Identify alternatives to the proposed action.
--Identify, confirm or redefine potential environmental effects of the 
proposed action and alternatives (i.e. direct, indirect, and cumulative 
effects).
--Determine potential cooperating agencies and task assignments.

    The draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and available for public review in November 
1997. 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. 
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 comment.
    It is important that those interested in the management of the 
Deschutes, Fremont and Winema National Forests participate at that 
time. The Forest Service believes it is important to give reviewers 
notice at this stage 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 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 
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 these 
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.)
    The final EIS is scheduled to be completed in February 1998. In the 
final EIS, the Forest Service is required to respond to 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 the decision 
regarding this proposal.
    Sally Collins, Forest Supervisor, Deschutes National Forest, 
Charles Graham, Forest Supervisor, Fremont National Forest, and Bob 
Castaneda, Forest Supervisor, Winema National Forest, are the 
responsible officials. As the responsible officials, they will document 
the Forest Service/Crown Pacific Land Exchange decision and the reasons 
for the decision in the Record of Decision. That decision will be 
subject to Forest Service appeal regulations at 36 CFR Part 215.

    Dated: August 21, 1997.
Sally Collins,
Forest Supervisor, Deschutes National Forest.
    Dated: August 22, 1997.
Charles Graham,
Forest Supervisor, Fremont National Forest.
    Dated: August 26, 1997.
Bob Castaneda,
Forest Supervisor, Winema National Forest.
[FR Doc. 97-23582 Filed 9-4-97; 8:45 am]
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