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Umatilla National Forest; Columbia and Garfield Counties, WA; Notice of Intent To Prepare a Supplemental Environmental Impact Statement (SEIS) To Amend the Umatilla National Forest Land and Resource Management Plan for the Purposes of Implementing the School Fire Salvage Recovery Project

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: February 26, 2007 (Volume 72, Number 37)]
[Notices]
[Page 8338-8339]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe07-43]

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DEPARTMENT OF AGRICULTURE
Forest Service

Umatilla National Forest; Columbia and Garfield Counties, WA;
Notice of Intent To Prepare a Supplemental Environmental Impact
Statement (SEIS) To Amend the Umatilla National Forest Land and
Resource Management Plan for the Purposes of Implementing the School
Fire Salvage Recovery Project

AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare a supplemental environmental impact
statement.

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SUMMARY: The Umatilla National Forest Supervisor is proposing a non-
significant amendment to the Umatilla National Forest Land and Resource
Management Plan (LRMP) as amended by Regional Forester Amendment
#2 (``Eastside Screens'') to include a definition of ``live''
trees for the School Fire Salvage Recovery Project. The proposed
amendment would adopt a scientific metod for determining live trees.

DATES: Under 40 CFR 1502.9(c)(4), there is no formal scoping period for
this proposed action. The supplemental draft environmental impact
statement is expected March 1, 2007 and the final environmental impact
statement is expected June 1, 2007.

ADDRESSES: Send written comments to the Responsible Official, Kevin
Martin, Forest Supervisor, Umatilla National Forest, 2517 S.W. Hailey
Avenue, Pendleton, OR 97801. Send electronic comments to: 
comments-pacificnorthwest-umatilla@fs.fed.us.

FOR FURTHER INFORMATION CONTACT: Dean R. Millett, Project Team Leader,
Pomeroy Ranger District, 71 West Main Street, Pomeroy, WA 99347, phone
(509) 843-1891, e-mail: dmillett@fs.fed.us.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The Umatilla NF needs ``to salvage harvest [bured timber]
as
rapidly as practicable before decay and other wood deterioration occurs
to maximize potential economic benefits'' as identified in School Fire
Recovery Project FEIS at 1-4. The 9th Court of Appeals recently held in
The Lands Council, No. 06-35781 (9th Cir.) (Feb. 12, 2007) that the
term ``live tree'' includes all trees that are not dead, giving the
term its plain meaning. Op. at 12. This definition, which does not
reflect the Forest Service practice and interpretation that a live tree
must be expected to live greater than five years (citation), prevents
the achievement of the need stated above.
    The Proposed Action would amend the Forest Plan for the School
Project Area to adopt a definition of ``live'' and allow the School
Fire Recovery Project Record of Decision to be fully implemented.

Proposed Action

    The Umatilla National Forest Supervisor proposes a non-significant
Forest Plan amendment to Regional Forester's Amendment #2 to
the Umatilla LRMP (``Eastside Screens'') to include a definition of
``live'' trees as used in the wildlife standard No. 6d.2)a). This
amendment would apply only to the School Fire Salvage Recovery Project
on the Pomeroy Ranger District.
    The amended standard would read as follows: (a) Maintain all
remnant late and old seral and/or structural live trees >=21'' diameter
at breast height that currently exist within stands proposed for
harvest activities. A live tree is defined as a tree rated to have a
high probability to survive the effects of a fire as determined by the
``Factors Affecting Survival of Fire Injured Trees: A Rating System for
Determining Relative Probability of Survival of Conifers in the Blue
and Wallowa Mountains'' (Scott et al. 2002, as amended) (commonly
referred to as the Scott Guidelines).

Responsible Official

    Kevin Martin, Forest Supervisor, Umatilla National Forest, 2517
S.W. Hailey Avenue, Pendleton, OR 97801.

Nature of Decision To Be Made

    To amend the Umatilla LRMP as proposed or take no action at this time.

Scoping Process

    No scoping will be conducted for this SEIS pursuant to 40 CFR
1502.9(c)(4).

Early Notice of Importance of Public Participation in Subsequent
Environmental Review

    A draft environmental impact statement will be prepared for
comment. The comment period on the draft environmental impact statement
will be 45 days from the date the Environmental Protection Agency
publishes the notice of availability in the Federal Register.
    The Forest Service believes, at this early stage, 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 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 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 1503.3 in addressing these points.
    Comments received, including the names and address of those who
comment, will be considered part of the

[[Page 8339]]

public record on this proposal and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21)

    Dated: February 20, 2007.
Kevin Martin,
Forest Supervisor.
[FR Doc. 07-841 Filed 2-23-07; 8:45 am]
BILLING CODE 3410-11-M

 
 

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