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[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Notices]
[Pages 60807-60808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24641]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLOR932000-L16100000-DF0000-LXSS062H0000; HAG 10-0283]

Notice of Availability of the Record of Decision for Vegetation 
Treatments Using Herbicides on Bureau of Land Management Lands in 
Oregon Final Environmental Impact Statement

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of availability.

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SUMMARY: In accordance with the National Environmental Policy Act of 
1969, as amended (NEPA), the Bureau of Land Management (BLM) has 
prepared a Record of Decision (ROD) for Vegetation Treatments Using 
Herbicides on Bureau of Land Management Lands in Oregon and by this 
notice is announcing its availability. The ROD selects a slightly 
modified version of Alternative 4 as described in the Final 
Environmental Impact Statement (EIS) for Vegetation Treatments Using 
Herbicides on Bureau of Land Management Lands in Oregon, notice of 
which was published in the Federal Register on July 30, 2010 (75 FR 
44981). The selected alternative increases the number of herbicides 
available for use on BLM-managed lands in Oregon and increases the 
number of objectives for which they can be used. The herbicides and 
uses permitted by the selected alternative fall entirely within those 
approved for use in 17 western states by the BLM in its September 2007 
ROD for the Final Programmatic EIS for Vegetation Treatments Using 
Herbicides on BLM lands in 17 Western States. The Oregon decision 
incorporates the standard operating procedures and mitigation measures 
adopted by the BLM's 2007 17 western states decision and adds 
additional mitigation and monitoring requirements specific to Oregon.

DATES: There is a 30-day appeal period before the decision can take 
effect (see ADMINISTRATIVE APPEALS below). Appeals must be postmarked 
within 30 days of the date of publication of this notice in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, EIS Project Manager, by 
telephone at (503) 808-6326, by mail at Bureau of Land Management--
OR932, P.O. Box 2965, Portland, Oregon 97208; or by e-mail at 
[email protected].
    Copies of the ROD and the Vegetation Treatments Final EIS upon 
which it is based are available on the Internet at: http://www.blm.gov/or/plans/vegtreatmentseis/. Printed copies have been sent to libraries 
and BLM district offices throughout Oregon. Compact Disc (CD) copies 
have also been sent to affected Federal, State, tribal, and local 
government agencies; to persons who have asked to be on the project 
mailing list; and to everyone who submitted comments on the Draft EIS, 
unless they requested the ROD in a different format or opted off of the 
distribution list. Requests to receive printed or CD copies of the ROD 
should be sent to one of the addresses listed above.

SUPPLEMENTARY INFORMATION: The Final EIS for Vegetation Treatments 
Using Herbicides on BLM Lands in Oregon provides a comprehensive 
analysis of a proposal to make an additional 13 herbicides available 
(above the current 4) to BLM districts in Oregon and to expand on the 
management objectives for which they may be used (beyond just noxious 
weed control). The selected alternative, a slightly modified 
Alternative 4, would allow for the use of 17 herbicides east of the 
Cascades and 14 herbicides west of the Cascades to control noxious and 
invasive weeds; treat vegetation along roads, rights-of-way, and BLM 
improvements; and conduct habitat improvement projects for special 
status species. The Oregon BLM currently uses four herbicides only for 
the treatment of noxious weeds. A noxious weed is any plant designated 
by a Federal, State or county government as injurious to public health, 
agriculture, recreation, wildlife, or property. The list of invasive 
weeds includes not only noxious weeds but also other non-native, 
aggressive plants that have the potential to cause significant damage 
to native ecosystems and/or cause significant economic losses.
    In 1984, the BLM was prohibited from using herbicides in Oregon by 
a U.S. District Court injunction issued in Northwest Coalition for 
Alternatives to Pesticides, et al. v. Block, et al., (Civ. No. 82-6273-
E). Following completion of an EIS examining the use of four herbicides 
for the treatment of noxious weeds only, the injunction was modified by 
the court in November 1987, (Civ. No. 82-6272-BU). For the subsequent 
23 years, the BLM in Oregon has limited its herbicide use to the four 
herbicides analyzed and limited the use of those four herbicides to the 
control and eradication of Federal-, State-, or county-listed noxious 
weeds. In that time, new herbicides have become available that can be 
used in smaller doses, are more target-specific, and are lower risk to 
people and other non-target organisms. In 2007, the BLM Washington 
Office Rangeland Resources Division completed the Vegetation Treatments 
Using Herbicides on Bureau of Land Management lands in 17 Western 
States Programmatic EIS and related Record of Decision (Programmatic 
EIS), making 18 herbicides available for a full range of vegetation 
treatments in 17 western states including Oregon. Oregon cannot fully 
implement that decision, however, until and unless the 1984 District 
Court injunction is lifted. The Vegetation Treatments Using Herbicides 
on BLM Lands in Oregon Final EIS, upon which today's decision is based, 
tiers to the 17 Western States Programmatic EIS, incorporates its 
standard operating

[[Page 60808]]

procedures and adopted mitigation measures for the use of herbicides, 
provides additional detailed analysis regarding the potential for human 
and environmental risks generated in support of the Programmatic EIS, 
and addresses the concerns raised by the District Court in its 1984 
Order.
    A June 2009 stipulated agreement says the 1984 injunction, as 
modified in 1987, shall cease to be in force and effect regarding BLM 
applying herbicides to treat invasive species upon the completion of 
the protest and appeals period following issuance of this ROD. 
Preparation of the Oregon EIS began with a Notice of Intent to Prepare 
an Environmental Impact Statement in the Federal Register on June 23, 
2008 (73 FR 35408). The scoping period included the mailing of 17,000 
postcards to potentially interested persons or groups, statewide radio 
and newspaper news releases, and 12 public scoping meetings held 
throughout Oregon. A Draft EIS was released on October 2, 2009 (74 FR 
50986). Over 1,000 comment letters received through January 6, 2010, on 
the Draft EIS and the ideas presented in those comments were used to 
improve the analysis presented in the Final EIS. Comment responses and 
resultant changes are documented in the Final EIS, Appendix 10.
    The Final EIS addressed all 15.7 million acres of BLM lands in 
Oregon and all 18 herbicides approved for use by the 2007 ROD for the 
Programmatic EIS, which are being used in the other 16 western states. 
The Final EIS analyzed a ``no action'' and three action alternatives, 
which were shaped in part by the comments received during 12 public 
scoping meetings held throughout Oregon in July 2008. A ``no 
herbicides'' reference analysis was also included. The alternatives 
addressed eight ``purposes'' or issues also identified during scoping.
    The Final EIS analysis indicated that by using standard operating 
procedures identified in applicable BLM manuals and policy direction, 
along with Programmatic EIS-adopted mitigation measures, human and 
environmental risk from the use of herbicides is both minimized and 
reduced from current levels. The analysis indicates the selected 
alternative will also slow the spread of noxious weeds on BLM lands by 
approximately 50 percent and result in an estimated 2.2 million fewer 
infested acres in 15 years than under current program capabilities, 
will reduce rights-of-way maintenance costs by about $1 million per 
year, and will make possible an additional 3,700 acres of habitat 
improvement for federally listed and other special status species each 
year. The ROD does not authorize any specific herbicide treatment 
projects. No site-specific projects (i.e. application of herbicides 
beyond current authorized uses) will proceed until completion of 
additional, site-specific NEPA analysis and decision-making.
    Consultation with the U.S. Fish and Wildlife Service and the 
National Marine Fisheries Service was conducted to ensure continued 
applicability of informal consultation and the Biological Opinion 
issued on the Programmatic EIS by those two agencies respectively. The 
signing official for the ROD is the BLM Oregon and Washington State 
Director.
    Administrative Appeals: The decision may be appealed to the 
Interior Board of Land Appeals (IBLA), Office of the Secretary, in 
accordance with regulations contained in 43 CFR part 4 and Form 1842-1. 
If you file an appeal, your notice of appeal must be mailed to the 
Oregon/Washington BLM State Director, P.O. Box 2965, Portland, Oregon 
97208-2965, and be postmarked by November 1, 2010. The appellant has 
the burden of showing the decision appealed is in error.
    A copy of the appeal, statement of reasons, and all other 
supporting documents must also be sent to the Regional Solicitor, 
Pacific Northwest Region, U.S. Department of the Interior, 805 SW. 
Broadway 600, Portland, Oregon 97205-3346. If the notice of 
appeal does not include a statement of reasons for the appeal, it must 
be sent to the Interior Board of Land Appeals, Office of Hearings and 
Appeals, 801 North Quincy Street, Arlington, Virginia 22203 within 30 
days of filing the notice of appeal (43 CFR 4.412). It is suggested 
that appeals be sent certified mail, return receipt requested.
    Requests for Stay: Should you wish to file a motion for stay 
pending the outcome of an appeal of this decision, you must show 
sufficient justification based on the following standards under 43 CFR 
4.21:
     The relative harm to the parties if the stay is granted or 
denied;
     The likelihood of the appellant's success on the merits;
     The likelihood of immediate and irreparable harm if the 
stay is not granted; and
     Whether or not the public interest favors granting the 
stay.

As noted above, the motion for stay must be filed in the office of the 
authorized officer and the Regional Solicitor.

Edward W. Shepard,
State Director, Oregon/Washington.
[FR Doc. 2010-24641 Filed 9-30-10; 8:45 am]
BILLING CODE 4310-33-P
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