[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Notices]
[Pages 33239-33241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13979]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Rangeland Allotment Management Planning on the Fall River West
and Oglala Geographic Areas, Fall River and Pine Ridge Ranger
Districts, Nebraska National Forest
AGENCY: Forest Service, USDA.
ACTION: Second revised notice of intent to prepare an environmental
impact statement.
-----------------------------------------------------------------------
SUMMARY: The USDA, Forest Service, will prepare an environmental impact
statement (EIS) analyzing the management of rangeland vegetation
resources, which includes livestock grazing, on the National Forest
System (NFS) lands within the Oglala Geographic Area (OGA) of the
Oglala National Grassland on the Pine Ridge Ranger District and the
West Geographic Area (WGA) of the Buffalo Gap National Grassland on the
Fall River Ranger District of the Nebraska National Forest (Analysis
Area) areas as mapped by the 2001 Nebraska National Forest Revised Land
and Resource Management Plan (Forest Plan). A Notice of Intent (NOI)
for this project was published February 22, 2008 (73 No. 36 FR 9760-
9762). More than six months have elapsed since the projected draft
environmental impact statement (DEIS) date in that original NOI. This
revised NOI is being issued to update the project schedule. There will
be a record of decision (ROD) for each geographic area.
Proposed management actions would be implemented beginning in the
year 2012. The agency gives notice of the full environmental analysis
and decision-making process that will occur on the proposal so
interested and affected people may become aware of how they may
participate in the process and contribute to the final decision.
DATES: Comments concerning the scope of the analysis must be received
within 30 days after publication in the Federal Register. The draft
environmental impact statement is expected February 12, 2011 and the
final environmental impact statement is expected September 1, 2011.
ADDRESSES: Send written comments pertaining to this project to Carla
Loop, Oglala and Fall River West Geographic Area RAMP, 125 North Main,
Chadron, NE 69337. Comments may also be submitted electronically at
[email protected]. Please enter ``RAMP'' in the subject line.
FOR FURTHER INFORMATION CONTACT: For further information about the
Oglala Geographic Area on the Oglala National Grassland call Lora
O'Rourke, Co-Interdisciplinary Team Leader, at 308-432-0300. For
further information about the West Geographic Area on the Buffalo Gap
National Grassland, call Robert Novotny, Co-Interdisciplinary Team
Leader at 605745-4107.
SUPPLEMENTARY INFORMATION: Vegetation resources on approximately 94,174
acres of NFS lands lying within the Oglala National Grassland in Sioux
and Dawes Counties of northwest Nebraska, and approximately 117,548
acres of NFS lands lying within the Buffalo Gap National Grassland in
Fall River County of southwest South Dakota, are being analyzed to
determine if and how existing conditions differ from desired conditions
outlined in the 2001 Nebraska National Forest Land and Resource
Management Plan (Forest Plan).
Vegetation in the Analysis Area is characteristic of mixed-grass
prairie and lesser amounts of ponderosa pine/juniper habitats. Short-
grass species include blue grama, buffalograss, and upland sedges. Mid-
grass species include western wheatgrass, green needlegrass, and to a
lesser extent sideoats grama. Shrubs include Wyoming big sagebrush,
greasewood, and yucca glauca. Some creeks transverse the area and
support plains cottonwood, green ash, and willow.
A large portion of the Analysis Area evolved under a history of
homesteading in the early twentieth century, and a prolonged drought
period combined with the economic depression of the late 1920's and
early 1930's caused many of these homesteads to fail. Starting in
1930's, land was purchased through the northwestern Nebraska and
southwestern South Dakota under the Land Utilization Project initiated
by the Agricultural Adjustment Administration. This continued with the
Bankhead Jones Farm Tenant Act of 1937, which was designed to develop a
program of land conservation. Administration of these lands was turned
over to the Soil Conservation Service the following year and
transferred to the United States Forest Service in 1954.
Today the Oglala and Buffalo Gap National Grasslands support and
provide a variety of multiple resource uses and values. Livestock
ranching operations in the area depend on National Grassland acreage to
create logical and efficient management units. Cattle and sheep, in
accordance with 10-year term and/or annual temporary livestock grazing
permits, are currently authorized to graze the allotments within the
Analysis Area. In order to determine how existing resource conditions
compare to desired conditions, data from monitoring and analysis
(historical and present) will be used. During the past 5-7 years,
drought conditions have impacted plant vigor, canopy, and litter cover
in most parts of the Analysis Area.
Purpose and Need for Action: The purpose of this project is to
determine if livestock grazing will continue to be authorized on all,
none, or portions, of the 41 allotments in the Fall River West GA and
the 35 allotments in the Oglala GA. And if livestock grazing is to
continue, how to best maintain or achieve desired conditions and meet
forest plan objectives, standards and guidelines.
The action is needed to ensure that the project areas are meeting
forest plan desired conditions for plant species composition,
vegetation structure, and habitat for sharp-tailed grouse, sage grouse,
and black-tailed prairie dog (management indicator species) and swift
fox (r2 sensitive species).
There is also a need to review existing livestock management
strategies and, if necessary, update them to implement 2001 Forest Plan
direction and meet the requirements of section 504 of Public Law 104-19
(Rescissions Act, signed 7/27/95). The 2001 Forest Plan states that
livestock grazing may occur as one of the multiple uses on the Nebraska
National Forest, consistent with standards and guidelines. Livestock
grazing is currently occurring in the analysis area under the direction
of existing Allotment Management Plans (AMPs) and through direction
provided in annual operating instructions (AOIs). The results of this
analysis may require issuing or modifying grazing permits and AMPs
including reductions of permitted livestock numbers and/or
modifications of the grazing season.
[[Page 33240]]
Modifications would be documented in updated term grazing permits and/
or grazing agreements and associated AMPs for the allotments.
The Forest Plan identifies lands within the OGA and FRWGA as
containing lands that are capable and suitable for grazing by domestic
livestock. These lands are to be monitored to evaluate both
implementation and effectiveness of management actions.
In all cases, vegetation management tools will be used that meet
Forest Plan objectives, standards, and guidelines and that will
maintain or move existing resource conditions toward desired conditions
for that geographic area. If monitoring indicates that practices are
being properly implemented and that resource trends are moving toward
meeting desired conditions in a timely manner, management may continue
unchanged. If monitoring indicates that there is a need to modify
management practices, adaptive options as analyzed in the EIS will be
selected and implemented.
Consultation with the U.S. Fish and Wildlife Service, as required
by the Endangered Species Act (ESA), will be completed on all proposed
activities.
An interdisciplinary team has been selected to do the environmental
analysis, as well as prepare and accomplish scoping and public
involvement activities.
Possible Alternatives: Potential alternatives include:
1. No action, No change from authorized grazing use or current
situation.
2. No Grazing.
3. Livestock grazing incorporating adaptive management to meet the
Forest Plan goals, objectives, standards, and guidelines.
Responsible Officials: Charlie R. Marsh, District Ranger at the
Pine Ridge Ranger District, 125 North Main Street, Chadron, Nebraska
69337; and Michael E. McNeill, District Ranger at the Fall River Ranger
District, 1801 Highway 18 Truck Bypass, Hot Springs, South Dakota
57747-0732 are the Responsible Officials for making the decision on
this action. They will document their decision and rationale in a
Record of Decision.
The Responsible Officials will consider the results of the analysis
and its findings and then document their decisions in two separate
Records of Decision (ROD), one for the OGA and one for the FRWGA. The
decisions will determine whether or not to authorize livestock grazing
on all, part, or none of the Analysis Area, and if so, what adaptive
management design criteria, adaptive options, and monitoring will be
implemented so as to meet or move toward the desired conditions as
specified in the Forest Plan.
Nature of Decision To Be Made: The EIS is not a decision document.
The purpose of the EIS document is to disclose the direct, indirect,
and cumulative effects of the proposed action and other alternatives
that are analyzed. After providing the public an opportunity to comment
on the specific activities described in the alternatives, the
Responsible Officials will review all alternatives and the anticipated
environmental consequences of each in order to make the following
decisions:
Whether or not to authorize livestock grazing within the
Analysis Area in whole or in part.
If grazing is to be Authorized, (a) What grazing systems
and prescribed livestock use would be implemented; (b) what structural
and non-structural range improvements would be necessary; and (c) what
type of monitoring program would be proposed.
If necessary identify any ``mitigation measure(s)'' needed
to implement the decision. Individual Allotment Management Plans (AMPs)
would then be developed to incorporate conditions outlined in the
Record of Decision. These AMPs will become part of each associated term
permit and/or grazing agreement issued.
Public Scoping Process: Comments and input regarding this proposal
were requested from the public, other groups and agencies via direct
mailing on March 10, 2008. Comments received during this first scoping
process have been made part of the project record and will be addressed
in the analysis process. With this revised NOI, additional comments
will be accepted 30 days from the publication date of the notice in the
Federal Register. Anyone who has or will provide comments to the draft
EIS or expresses interest during the comment period will have standing
in the process.
Public involvement will be especially important at several points
during the analysis, beginning with the scoping process. The Forest
Service will seek information, comments, and assistance from Federal,
State, local agencies, tribes, and other individuals or organizations
that may be interested in, or affected by, the proposal. The scoping
activities will include: (1) Engaging potentially affected or
interested parties by written correspondence, (2) contacting those on
our Forest media list, and (3) hosting public information meeting(s).
Preliminary Issues: Preliminary issues include:
Effects of proposed management strategies on natural ecosystems.
This includes elements such as native and desirable nonnative plant and
animal communities, black-tailed prairie dog management, riparian
areas, upland grasslands, wooded draws, ponderosa pine forested areas,
areas of hazardous fuels, and threatened, endangered, sensitive, and
management indicator species.
Social-economic effects (positive or negative) on livestock grazing
permittees and the local economy from changes in livestock management.
Effects of proposed livestock grazing strategies on recreational
activities and/or experiences. Comment Requested: This notice of intent
initiates the formal scoping process that guides the development of the
environmental impact statement.
Early Notice of Importance for Public Participation in Subsequent
Environmental Review: A draft environmental impact statement (DEIS)
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. Hams, 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
[[Page 33241]]
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 document. 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.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21.
Dated: June 2, 2010.
Charles R. Marsh,
District Ranger, Pine Ridge Ranger District.
Dated: June 2, 2010.
Michael E. McNeill,
District Ranger, Fall River Ranger District.
[FR Doc. 2010-13979 Filed 6-10-10; 8:45 am]
BILLING CODE 3410-11-M