Notice of Opportunity to Object Final Environmental Assessment and Forest Service Draft Decision Notice Appropriate Management Level, Herd Management Plan, and Population Management Actions Murderer’s Creek Wild Horse Joint Management Area Malheur National Forest, Blue Mountain Ranger District Bureau of Land Management, Prineville District The Forest Service, in cooperation with the Bureau of Land Management (BLM), announces the availability of the final environmental assessment (FEA) for public review and objection period. Our agencies propose establishing a herd management area plan and conducting population management actions for wild horses in the Murderer’s Creek Wild Horse Joint Management Area. The draft decision notice for National Forest System and State lands within the joint management area would authorize a modified alternative 4 to establish a herd size of 50 to 140 horses, and implement a herd management area plan with a management strategy to gather and remove excess animals on Federal and State lands using a combination of bait, water, or horseback drive trapping (but not helicopter gathering). The draft decision would authorize fertility control vaccines and a desired sex ratio (of approximately 50 percent males and 50 percent females) for wild horses released back into the joint management area. The decision would allow possible use of Global Positioning System (GPS) radio collar or GPS tail tag application on mares. The draft decision notice includes amendments to the Malheur National Forest Land and Resource Management Plan to establish an appropriate management level of wild horses jointly with the BLM consistent with the direction of each agency and guidance under the Wild and Free-Roaming Horses and Burros Act of 1971. The Forest Service draft decision notice applies to National Forest System and State lands within the joint management area. As a cooperating agency, the Bureau of Land Management will determine whether their agency will formally adopt the FEA, and if so, the BLM will issue a finding of no significant impact and a decision record pertinent to BLM-managed lands in the joint management area at that time. The draft decision notice, final environmental assessment, and supporting docs are available on the Malheur National Forest website at: https://www.fs.usda.gov/project/malheur/?project=44570. Copies of the final environmental assessment and draft decision notice are available at the Malheur National Forest Supervisor's Office/Blue Mountain Ranger District, 431 Patterson Bridge Road, John Day, OR 97845. The Responsible Official for this decision is Forest Supervisor Ann Niesen. The Forest Supervisor’s Office is at the address above. Her phone number is 541-575-3073, or you can email her at ann.niesen@usda.gov. For general questions regarding this project contact Laurie Montgomery at laurie.montgomery@usda.gov. The Forest Service draft decision is subject to pre-decisional objection process pursuant to 36 CFR 218, subparts A and B, while the programmatic forest plan amendment is subject to the pre-decisional objection process pursuant to 36 CFR 219, subpart B. For the project activities, only individuals or organizations who submitted timely and specific written comments (section 218.2) about this project during designated opportunities for public comment are eligible to file an objection in accordance with section 218.5. Issues raised in objections must be based on previously submitted timely, specific written comments regarding the proposed project unless based on new information arising after designated comment opportunities (section 218.8(c)). The burden is on the objector to demonstrate compliance with this requirement for objection issues. The objection must contain the minimum content requirements specified in section 218.8(d), which must include a description of those aspects of the proposed project addressed by the objection, including specific issues related to the proposed project; if applicable, how the objector believes the environmental analysis or draft decision specifically violates the law, regulation or policy; suggested remedies that will resolve the objection; supporting reasons for the reviewing officer to consider; and a statement that demonstrates the connection between prior specific written comments on the particular proposed project or activity and the content of the objection, unless the objection concerns an issue that arose after the designated opportunities for comment. Incorporation of documents by reference is permitted only as provided in section 218.8(b). The opportunity to object to the project ends 45 days following the date of publication of the legal notice in the newspaper of record, the Blue Mountain Eagle. A public notice will also be published on the same date in the East Oregonian. Written objections must be postmarked by the close of the objection filing period and must be received before the close of the fifth business day after the objection filing period ends. The publication date in the newspaper of record is the exclusive means for calculating the time to file an objection, and those wishing to object should not rely upon dates or timeframe information provided by any other source. The 45-day period is computed using calendar days, including Saturdays, Sundays, and federal holidays. For the programmatic Forest Plan amendment, only individuals or entities who submitted timely and substantive formal comments related to this plan amendment (section 219.53(a)) during designated opportunities for public comment are eligible to file an objection in accordance with section 219.53. Objections must be based on previously submitted substantive formal comments attributed to the objector unless based on new information arising after designated comment opportunities (section 219.53(a)). The burden is on the objector to demonstrate compliance with this requirement for the objection. Objections must meet the minimum content requirements specified in section 219.54(c), including a statement of the issues and/or parts of the plan amendment to which the objection applies; a concise statement explaining the objection and suggestion on how the proposed plan amendment may be improved; if applicable, how the plan amendment is inconsistent with law, regulation or policy; and a statement that demonstrates the link between prior substantive formal comment attributed to the objector and the content of the objection, unless the objection concerns an issue that arose after the opportunities for formal comment (section 219.53(a)). Incorporation of documents by reference is permitted only as provided in section 219.54(b). The opportunity to object to the programmatic amendment ends 45 days following the date of publication of the public notice in the newspaper of record, the Blue Mountain Eagle. A public notice will also be published on the same date in the East Oregonian. Written objections must be postmarked by the close of the objection filing period and must be received before the close of the fifth business day after the objection filing period ends. The publication date in the newspaper of record is the exclusive means for calculating the time to file an objection, and those wishing to object should not rely upon dates or timeframe information provided by any other source. The 45-day period is computed using calendar days, including Saturdays, Sundays, and federal holidays. Those wishing to file as an interested person must do so within 10 days of publication of the legal notice of objection’s filed in the newspaper of record, as described in 36 CFR 219.56(f) and 36 CFR 219.57(a). For all objections, when the period expires on a Saturday, Sunday, or Federal holiday, the time is extended to the end of the next federal working day. The regulations prohibit extending the length of the objection period. It is the objector’s responsibility to ensure timely filing of a written objection with the reviewing officer. All project and plan amendment objections are available for public inspection during and after the objection process. Names and contact information submitted with objections will become part of the public record and may be released under the Freedom of Information Act. To submit project and/or plan level objections electronically, go to https://cara.fs2c.usda.gov/Public//CommentInput?Project=44570. Written objections may be hand-delivered during normal business hours (Monday through Friday, 8:00 am to 4:30 pm, excluding holidays) or they may be mailed to the reviewing officer for this project at: Jacqueline Buchanan, Regional Forester, Objection Reviewing Officer Pacific Northwest Region, USDA Forest Service Attn: 1570 Objections 1220 SW 3rd Ave. Portland, OR 97204
Jacqueline Buchanan, Regional Forester, Objection Reviewing Officer
