[Federal Register: June 20, 2008 (Volume 73, Number 120)]
[Notices]
[Page 35116-35117]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn08-27]
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DEPARTMENT OF AGRICULTURE
Forest Service
Nebraska National Forest, Nebraska & South Dakota; Black-Tailed
Prairie Dog (Cynomys ludovicianus) Management on the Nebraska National
Forest and Associated Units
AGENCY: Forest Service, USDA.
ACTION: Second revised notice of intent to prepare an environmental
impact statement.
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SUMMARY: This project would amend current management direction in the
Nebraska National Forest Land and Resource Management Plan (LRMP) for
black-tailed prairie dog (Cynomys ludovicianus) management on the
Nebraska National Forest and associated units (NNF). The proposed LRMP
amendment is to meet various multiple use objectives by: (1) Specifing
the desired range of acres of prairie dog colonies that would be
provided on the Nebraska National Forest and associated units; and (2)
allowing the use of rodenticides if the acreage exceeds the desired
range and for multiple use objectives. A Notice of Intent (NOI) to
supplement the 2002 LRMP environmental impact statement (EIS) for this
project was published September 29, 2006 (71 FR 57460-57462). On
February 28, 2007 (72 FR 8962) a revised NOI was published indicating
that the Agency would not be preparing a supplement to the 2002 LRMP
EIS but would be preparing a separate environmental impact statement
for black-tailed prairie dog (Cynomys ludovicianus) management on the
Nebraska National Forest and associated units. This EIS would tier to
2002 LRMP. More than six months have elapsed since the projected FEIS
date in that original NOI. Also, the responsible official has changed
to Jane Darnell, Forest Supervisor (no change in title). This revised
NOI is being issued to update the project schedule and responsible
official.
DATES: The Notice of Availability of the draft environmental impact
statement was published in the Federal Register on June 8, 2007 (72 FR
31822). The final environmental impact statement is expected in July,
2008. No further formal public comment opportunities will be offered on
this project.
FOR FURTHER INFORMATION CONTACT: Mike McNeill, Team Leader, USDA Forest
Service, at 1801 Hwy 18 Truck Bypass PO Box 732, Hot Springs, South
Dakota 57747, or call (605) 745-4107.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action: We conducted an interdiscinplinary
review of new information and changed circumstances from the original
LRMP FEIS including prolonged drought conditions, changes in praire dog
numbers and distribution, and related concerns about resulting
vegetation and soil conditions. The environmental impact statement will
disclose the environmental effects of the proposed action while still
providing: (1) Sufficient habitat to support a self-sustaining
population of black-footed ferrets that contributes to the overall
recovery of the species; and (2) sufficient habitat to maintain a well-
distributed population of black-tailed prairie dogs and other
associated species across the national grasslands.
Proposed Action: The proposed action is to amend current management
direction in the LRMP to meet various multiple use objectives by: (1)
Specifying the desired range of acres of prairie dog colonies that will
be provided on the NNF; and (2) allowing use of rodenticide if the
acreage exceeds the desired range and for multiple use objectives. This
includes amending Chapter 1, Section H, Standard 1 which
identifies a limited use of rodenticides.
Issues: Key issues include effects on black-tailed prairie dogs;
effects on recovery of the endangered black-footed ferret; effects on
other wildlife species associated with prairie dogs; effects on
livestock grazing permittees; effects on vegetation cover, topsoil, and
undesirable plant species; and costs and effectiveness of management
strategies.
Responsible Official
The Responsible Official is Jane D. Darnell, Forest Supervisor,
USDA Forest Service, 125 North Main Street, Chadron, Nebraska 69337.
Nature of Decision To Be Made
The Forest Service will decide whether or not to amend current
management direction in the LRMP to meet various multiple use
objectives by: (1) specifying the desired range of acres of prairie dog
colonies that will be
[[Page 35117]]
provided on the NNF; and (2) allowing use of rodenticides if the
acreage exceeds the desired range and for multiple use objectives.
Public Comment
Comments and input regarding the proposal were requested from the
public, other groups and agencies via direct mailing on October 6,
2006. Additional comments were solicited during September 2006 and
February 2007 via public notices and an additional direct mailing. The
Draft EIS was issued for a 45-day public comment in June 2007. No
further formal public comment opportunities will be offered on this
project.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: 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, the reviewers of the draft EIS 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 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 EIS should
be as specific as possible. It is also helpful if comments refer to
specific pages or chapters of the draft EIS. 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 regarding the specificity of comments.
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.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21.
Dated: June 13, 2008.
Jane D. Darnell,
Forest Supervisor, Nebraska National Forest.
[FR Doc. E8-13964 Filed 6-19-08; 8:45 am]
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