[Federal Register: March 19, 2003 (Volume 68, Number 53)]

[Notices]               

[Page 13253-13254]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr19mr03-31]                         



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DEPARTMENT OF AGRICULTURE



Forest Service



 

Biscuit Fire Recovery Project, Rogue River and Siskiyou National 

Forests, Curry and Josephine Counties, Oregon



AGENCY: Forest Service, USDA.



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



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SUMMARY: The Forest Service, USDA, will prepare an environmental impact 

statement (EIS) on proposed activities in areas burned in the summer of 

2002 by the Biscuit Fire. The Biscuit Fire affected almost 500,000 

acres burning in the steep canyons of the Klamath/Siskiyou Mountains. 

It destroyed four homes, burned millions of trees, and altered habitat 

for various plant, wildlife, and fish species, including Threatened, 

Endangered, and Sensitive species. The fire damaged roads, trails, 

recreation signs and other structures. The implementation of this 

proposal is scheduled for fiscal years 2004 through 2009. The proposed 

action would be in compliance with the 1989 Siskiyou National Forest 

Land and Resource Management Plan, as amended by the Northwest Forest 

Plan, which provides the overall guidance for management of this area. 

The Rogue River and Siskiyou National Forests invites written comments 

and suggestions on the scope of the analysis. The agency will give 

notice of the full environmental analysis and decision-making process 

so interested and affected people may be able to participate and 

contribute in the final decision.



DATES: Comments concerning the scope of the analysis must be received 

by April 18, 2003.



ADDRESSES: Send E-Mail comments to R6_biscuit@fs.fed.us or written 



comments to Rogue River and Siskiyou National Forests, PO Box 520, 

Medford Oregon, 97501, Attn: Biscuit Fire Recovery Project.



FOR FURTHER INFORMATION CONTACT: Questions about the proposed action 

and EIS can be directed to: Tom Link, Biscuit Fire Recovery Project 

Leader, Rogue River and Siskiyou National Forests, phone: (541) 471-

6500, E-Mail to: R6_biscuit@fs.fed.us.



SUPPLEMENTARY INFORMATION: 



Purpose and Need for Action



    There is a need to recover merchantable timber before it's value is 

lost to deterioration.

    There is a need to restore vegetation that has been killed or 

altered by the Biscuit Fire. Approximately 225,000 acres have lost a 

significant conifer tree component, including almost 80,000 acres of 

Northern Spotted Owl habitat. Revegetation is needed to accelerate 

restoration of conditions that existed prior to fire exclusion. The 

objective is to restore lost habitat and provide for future timber 

production.

    There is a need to protect the remaining late successional habitat, 

used by Threatened or Endangered (T&E) species, from further loss from 

fire and insects. The objective is to reduce the risk of future 

catastrophic fire that can destroy this habitat. There may also be a 

need to reduce the risk of insect infestation that can skill remaining 

healthy trees.

    There is a need to protect forest users, adjacent private property 

values, and communities. The objective is to reduce the risk of 

catastrophic fire and insect infestations from developing on National 

Forest System lands and moving onto adjacent lands.

    This project will also include a number of learning opportunities 

that can be integrated within the proposed action. Some post fire 

management actions are controversial and there is uncertainity about 

how well some activities will achieve objectives.

    Proposed Action. The following proposed actions are designed to 

provide commercial wood products, restore and protect late successional 

forest and meadow habitat, restore and maintain water quality, and 

reforest conifer stands. Actions are also designed to reduce risk to 

communities and private lands, and learn more about the recovery of 

post fire environments and the effects of post fire activities 

(including salvage logging).

    The salvage of commercial wood products from Matrix lands is 

planned on approximately 7,000 acres with an estimated potential 

recovery of 90 mmbf. These areas will be consistent with the standards 

and guidelines of the Siskiyou Land and Resource Management Plan (LRMP) 

as amended by the Northwest Forest Plan.

    The protection of late successional habitat and communities is 

proposed by reducing fuels on about 16,000 acres (many of these acres 

are within Late Successional Reserves). Treatments could include 

cutting, yarding, piling, or burning existing hazardous fuels adjacent 

to remaining late successional habitat patches (about 4,000 acres). A 

portion of these treatments will result in shaded fuelbreaks 

(approximately 12,000 acres) as described by Agee et al. (1999; The Use 

of Shaded Fuel Breaks in Landscape Fire Management; Forest Ecology and 

Management; 127 (2000) 55-66).

    Meadow habitat treatments are proposed on about 1,000 acres. This 

may include removing dead trees to better maintain the meadows over 

time. Some historic meadows that were overgrown by trees, had those 

trees killed by the fire. The removal of excessive amounts of dead wood 

can help maintain meadow grass and forb species over time.

    Reforestation of conifer stands is proposed on approximately 30,000 

acres. These areas are expected to need varying levels of site 

preparation. Site preparation will include reducing competing 

vegetation by manual methods or reducing dead fuels by cutting, moving, 

or burning.

    This proposal will analyze the probability of bark beetle outbreaks 

and, if indicated, consider the salvage of bug-infested green trees.

    Improvement or closing of roads may be proposed to reduce the risk 

to water quality. Treatments could include improved drainage, erosion 

control designs, or decommissioning of roads that are sediment risks 

and not needed for management purposes.

    There is an opportunity to design recovery actions to learn about 

the effectiveness of various methods for recovering post fire 

environments. These proposals can include differing reforestation 

techniques, fuels treatments, or salvage harvesting methods, as well 

as, comparing natural recovery processes to more active methods. These 

proposals may be incorporated into project alternatives.

    The proposed action considers treatments (not including salvage 

logging) of 2,000 acres in Inventoried Roadless Areas (IRA's). The goal 

of treatments is to reduce ladder fuels and concentrations of hazardous 

fuels around key areas of remaining habitat for T&E species and to 

improve fuelbreaks adjacent to communities. These treatments could 

reduce the likelihood of uncharacteristic wildfire effects (Federal 

Register/Vol. 66, No. 9, January 12, 2001). This activity will be 

consistent with the Interim Directive 1920-2001-1, which limits 

activities in IRA's. Implementation of this directive is under the 

authority of the Forest Supervisor.

    A portion of the proposed action may analyze and recommend 

activities on federal lands under the administration



[[Page 13254]]



of the Bureau of Land Management in the Silver Creek and Deer Creek 

drainages. These areas were burned within the Biscuit Fire.

    Scoping Process. Public participation will be sought at several 

points during the analysis, including listing of this project in the 

Spring 2003 and subsequent issues of the Siskiyou National Forest's 

quarterly publication ``Schedule of Proposed Activities,'' and letters 

to agencies, organizations, tribes, and individuals who have previously 

indicated their interest in such activities. Information about the 

project can be found at http://www.biscuitfire.com.



    The scoping process will include: identifying potential issues, 



identifying major issues to be analyzed in depth, eliminating non-

significant issues or those previously covered by a relevant 

environmental analysis, considering additional alternatives which will 

be derived from issues recognized during scoping activities, and 

identifying potential environmental effects of this proposed action and 

alternatives (i.e. direct, indirect, and cumulative effects and 

connected actions).

    Comments. Some of the preliminary issues that have been identified 

include the effects of the proposed action on: landscape pattern and 

habitat diversity; fire hazard associated with the change in fuels; 

water quality; threatened, endangered or sensitive species; salvage 

logging; reforestation and activities in Inventoried Roadless Areas.

    Public comments about this proposal are requested in order to 

assist in properly scoping issues, determining how to best manage the 

resources, and fully analyzing environmental effects. Comments received 

to this notice, including names and addresses of those who comment, 

will be considered part of the public record on 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 Parts 215 and 217. Additionally, pursuant to 7 

CFR 1.27(d), any person may request the agency to withhold a submission 

from the public record by showing how the Freedom of Information Act 

(FOIA) permits such confidentiality. Persons requesting such 

confidentiality should be aware that, under FOIA, confidentiality may 

be granted in only very limited circumstances, such as to protect trade 

secrets. The Forest Service will inform the requester of the agency's 

decision regarding the request for confidentiality, and where the 

request is denied; the agency will return the submission and notify the 

requester that the comments may be resubmitted with or without name and 

address within a specified number of days.

    A draft EIS will be filed with the Environmental Protection Agency 

(EPA) and available for public review by July 2003. The EPA will 

publish a Notice of Availability (NOA) of the draft EIS in the Federal 

Register. The comment period on the draft EIS will be 45 days from the 

date the NOA appears in the Federal Register. The final EIS is expected 

in November 2003.

    The Forest Service believes, at this early stage, it is important 

to given 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 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 addresses of those who comment, will be considered part 

of the public record on this proposal and will be available for public 

inspection.

    The final EIS is scheduled to be available November 2003. In the 

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

comments received during the comment period for the draft EIS. The 

Forest Service is the lead agency and the Responsible Official is the 

Forest Supervisor, Rogue River and Siskiyou National Forests. The 

responsible official will decide whether or not, and where, to savage 

harvest timber, construct fuel-breaks, plant trees and other 

vegetation, prevent or mitigate pest outbreaks, repair facilities, 

stabilize soils, and mitigate safety hazards. The responsible official 

will also decide how to mitigate impacts of these actions and will 

determine when and how much monitoring of effects will take place.

    The Responsible Official will document the Biscuit Fire Recovery 

Project decision and reasons for the decision in the Record of 

Decision. That decision will be subject to Forest Service Appeal 

Regulations (36 CFR Part 215).



    Dated: March 12, 2003.

Scott D. Conroy,

Forest Supervisor.

[FR Doc. 03-6503 Filed 3-18-03; 8:45 am]



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