[Federal Register Volume 61, Number 247 (Monday, December 23, 1996)]
[Notices]
[Pages 67527-67530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32480]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE
Forest Service


Tansy Ragwort Control Project, Tally Lake Ranger District, 
Flathead National Forest, Flathead and Lincoln Counties, State of 
Montana

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to Prepare an Environmental Impact Statement 
(EIS).

-----------------------------------------------------------------------

SUMMARY: The Forest Service will prepare an environmental analysis to 
disclose the environmental effects of a variety of actions to control 
tansy ragwort, a non-native noxious weed, by preventing existing 
populations from producing seed in 1997 and beyond. These actions 
include aerial application and hand-spraying of herbicides, hand-
pulling of individual plants, restriction of motorized travel on some 
sections of Forest Service roads, introduction of biological control 
agents, and intensive monitoring to determine the effectiveness of 
these actions and to provide up-to-date information on the status of 
the infestation.
    An EIS is planned because aerial application of chemicals is 
classified as an action requiring the preparation of an EIS by Forest 
Service Handbook 1909.15 Chapter 20.6 (Classes of Actions Requiring 
Environmental Impact Statements). Considering the emergency situation 
of the current tansy ragwort infestation and the need to take action by 
early summer of 1997, the Flathead National Forest is exploring 
alternatives to what is outlined in the Forest Service Handbook, such 
as classifying aerial spraying as an emergency under 40 CFR 1506.11. We 
anticipate that tansy ragwort will spread and cause significant 
environmental effects if not action is taken beginning in early summer 
of 1997.
    The project area is located in and near the Little Wolf Fire area 
approximately 21 air miles southwest of Whitefish, Montana.
    The need for this proposal stems from a large infestation 
(approximately 1,500 acres) of tansy ragwort that was identified on the 
Tally Lake Ranger

[[Page 67528]]

District in the summer of 1996. If action is not taken in 1997, tansy 
ragwort is likely to spread to adjacent national forest and private 
lands and would have severe implications for livestock, agricultural 
activities, and native vegetation in northwestern Montana and possibly 
beyond. Tansy ragwort is poisonous to livestock and outcompetes native 
vegetation, which would adversely affect wildlife habitat. Tansy 
ragwort also has the potential to delay the establishment and/or reduce 
the growth of conifer seedlings within harvest units.
    The purpose of this project is to control tansy ragwort by 
preventing tansy ragwort plants on the Tally Lake Ranger District from 
producing seed in 1997 and for as many years beyond 1997 as high number 
of tansy ragwort plants are detected on the district. These efforts 
will help prevent the spread of tansy ragwort to currently uninfested 
national forest and private lands and may eventually lead to long-term 
eradication of tansy ragwort on the Tally Lake Ranger District.
    The Proposed Action consists of the following: aerial application 
of herbicide from a helicopter, application of herbicides with ground-
based equipment, hand-pulling of tansy ragwort plants, introduction of 
biological control agents, restriction of motorized vehicles on some 
Forest Service roads, and continuation of intensive monitoring of tansy 
ragwort populations.
    This Notice of Intent to prepare an EIS initiates the public 
scoping process. The Forest Service is seeking information and comments 
from federal, state, and local agencies and other individuals or 
organizations who may now be interested in or affected by the Proposed 
Action. These comments will be used in preparing the Draft EIS.

DATES: At this time, it is anticipated that a Draft EIS will be 
available by March, 1997.

ADDRESSES: Submit written comments and suggestions or a request to be 
placed on the project mailing list to Jane Kollmeyer, District Ranger, 
Tally Lake Ranger District, 1335 Highway 93 West Whitefish, MT 59937.

FOR FURTHER INFORMATION CONTACT:
Jane Kollmeyer, Tally Lake District Ranger, (406) 862-2508.
SUPPLEMENTARY INFORMATION: .

Summary of the Current Infestation

    The need for this proposal results from an infestation of tansy 
ragwort within and near the Little Wolf Fire area on the Tally Lake 
Ranger District of the Flathead National Forest, Flathead County, 
Montana. Tansy ragwort is an aggressive non-native plant new to Montana 
that Flathead County will soon list as a noxious weed. The only other 
tansy ragwort infestation in Montana is less than 20 acres on private 
land in Mineral County near St. Regis. Small numbers of tansy ragwort 
plants were discovered on the Tally Lake Ranger District in 1993, and 
some of these plants were removed by hand pulling. However, tansy 
ragwort seeds remain viable in the soil for 15-30 years, so that 
species was not eradicated from the area.
    The Little Wolf Fire of 1994 (approximately 15,000 acres) created 
ideal seedbed conditions for tansy ragwort, and human activity in the 
area may have contributed to its spread. Intensive field surveys for 
tansy ragwort began in the summer of 1996 and indicate that tansy 
ragwort currently occurs on approximately 1,500 acres in and near the 
Little Wolf Fire area on the Tally Lake Ranger District and in small 
``spot infestation sites'' as far as seven miles from the fire 
perimeter. Tansy ragwort has not yet been found on nearby private 
agricultural lands in Star Meadows or the Flathead Valley.
    Action is needed to prevent tansy ragwort from producing seed in 
1997 and beyond. This would reduce the possibility that tansy ragwort 
will spread to private agricultural lands and would contribute towards 
the long-term goal of complete eradication of tansy ragwort from the 
Tally Lake Ranger District.

Potential Effects if the Infestation Spreads

    Unless action is taken in 1997, noxious weed experts for both the 
Flathead National Forest, Flathead County, and the State of Montana 
expect that the acres infested by tansy ragwort will increase 
dramatically. Each tansy ragwort plant produces up to 150,000 seeds 
that may remain viable in the soil for 15-30 years. The plant would 
likely spread to adjacent national forest and private lands and would 
have severe implications for livestock, agricultural activities, and 
native vegetation in northwestern Montana--and possibly beyond.
    If tansy ragwort spreads to private lands, it would likely infest 
pastureland for cattle, horses, and pigs, which are susceptible to 
tansy ragwort poisoning. These animals can die of liver failure after 
cumulatively ingesting tansy ragwort in amounts between 3-7 percent of 
their body weight. If tansy ragwort spreads to nearby private 
agricultural lands such as the Flathead Valley, it could contaminate 
hay fields, which could lead to restrictions on hay exports. Also, this 
extremely aggressive plant could displace native vegetation important 
for wildlife forage as well as reduce the diversity of native 
vegetation. Tansy ragwort also has the potential to delay the 
establishment and/or reduce the growth of conifer seedlings within 
harvest units.

Proposed Actions for the Tansy Ragwort Control Project

    The Proposed Action involves a variety of management activities 
designed to control tansy ragwort on the Tally Lake Ranger District by 
preventing existing populations from producing seed in 1997 and for as 
many years as high numbers of this plant are detected on the district. 
After initial evaluation of their effectiveness, the Interdisciplinary 
Planning Team considers these actions to be most likely to prevent 
tansy ragwort within currently infested areas from producing seed in 
1997 and beyond. If seed production is prevented, tansy ragwort is not 
likely to spread to uninfested areas. The components of the Proposed 
Action have been designed to comply with applicable laws and 
regulations.

Aerial Spraying of 2,4-D (amine formulation) or Clopyralid Herbicide on 
Areas with Large, Continuous Populations

    The Proposed Action involves applications of the herbicide 2,4-D 
(amine formulation) or clopyralid from a helicopter by a pilot licensed 
to apply herbicides. Approximately 1,450 acres would be sprayed with 
2,4-D or clopyralid within the Little Wolf Fire area perimeter that are 
heavily infested with continuous populations of tansy ragwort. Either 
herbicide would be applied in 1997 and 1998 in both the early summer 
(between June 1 and July 15) and the fall (after mid-August). If 
monitoring in 1998 reveals that an unacceptably high number of tansy 
ragwort plants remain, aerial spraying may be used in 1999 and possibly 
in the year 2000. However, expectations are that aerial spraying in 
1997 and 1998 would dramatically decrease the numbers of tansy ragwort, 
and aerial spraying beyond 1998 would not likely be needed.
    The herbicides 2,4-D and clopyralid were chosen for aerial 
application because they meet EPA guidelines for application on the 
specific lands infested, considering such factors as soil types and 
location of streams and wetlands. Research on 2,4-D and clopyralid 
outlines acceptable application rates and expected environmental 
effects. The application

[[Page 67529]]

rate and specific lands proposed for treatment with 2,4-D or clopyralid 
are within guidelines outlined by the EPA.

Hand-Spraying of Herbicides Within Spot Infestation Sites

    Many ``spot infestation sites'' exist outside large continuous 
areas of tansy ragwort within the fire perimeter. These spots total 
approximately 50 acres. Field crews licensed to apply herbicides would 
spray individual tansy ragwort plants within these spot areas with the 
appropriate herbicide for the site, meeting EPA label restrictions for 
applying these herbicides. Backpack spray units and pumps mounted on 
all-terrain vehicles would be used within these spot infestation sites.
    The generic names of the four herbicides that would be considered 
for use in the spot infestation sites are (1) clopyralid, (2) picloram, 
(3) 2,4-D (amine formulation), and (4) a mixture of dicamba and 2,4-D 
(amine formulation). One of these four herbicides would be chosen based 
on an evaluation of site factors such as soil type, depth of water 
table, proximity to streams, and amount of organic matter.

Hand-Pulling of Tansy Ragwort Plants

    If tansy ragwort occurs on sites where aerial or hand-spraying of 
herbicides would violate EPA restrictions for those herbicides and 
cause unacceptable environmental risk, tansy ragwort plants would be 
hand-pulled to prevent them from producing seed.

Introduction of Biological Control Agents

    The Proposed Action involves introduction on the Tally Lake Ranger 
District of three insect species that have been previously used in 
Oregon to reduce tansy ragwort infestations. These species do not occur 
naturally in northwestern Montana, but they have been approved for use 
in northwestern Montana as possible biological control agents of tansy 
ragwort. They are the cinnabar moth [Tyria jacobaeae (L)], the tansy 
ragwort flea beetle [Longitarsus jacobaeae (Waterhouse)], and the 
ragwort seed fly [Botanophila seneciella (Meade)].
    The currently available ecotypes of these three insect species 
performed well in the coastal climate of western Oregon where they were 
used in the 1980s to control large tansy ragwort infestations in the 
Wilamette Valley. The available ecotypes are not expected to perform as 
well in the colder continental climate of northwestern Montana. 
However, introduction of these three species is proposed because they 
are approved for use as biological control agents, are readily 
available, and are relatively low-cost.

Road Management Actions

    Motorized vehicular travel would be restricted on some Forest 
Service roads to prevent the spread of tansy ragwort seeds to currently 
uninfested areas.

Intensive Monitoring

    Field crews would be deployed in the snow-free seasons of 1997 
through approximately 2005 to determine the status of the tansy ragwort 
infestation and the success of control measures taken.

Decision to be Made

    The decision to be made is what, if anything, should be done in the 
vicinity of the Little Wolf Fire area to prevent tansy ragwort plants 
from producing seed in 1997 and for as many years as high numbers of 
tansy ragwort plants are identified on the Tally Lake Ranger District.

Preliminary Issues as Identified by Internal Scoping

    This Notice to Prepare an EIS is the first step in the public 
scoping process; to date, virtually all scoping has occurred only 
within the Forest Services. Based on internal scoping, the following 
preliminary issues have been identified:
    (1) Effects of herbicides on aquatic organisms.
    (2) Effects of herbicides on non-target plants such as conifers, 
deciduous trees and shrubs, broadleaf forbs, and rare plants.
    (3) Effects of restrictions on motorized use of Forest Service 
roads by both the public and Forest Service personnel.
    (4) Monitoring in early 1997 may reveal a dramatic increase in the 
acres infested with tansy ragwort, and our site-specific proposal may 
not encompass enough of these infested acres to be an effective control 
action.
    No alternatives responding to these preliminary issues have been 
developed at this time.

The EIS and Its Comment Period

    The EIS will document the direct, indirect, and cumulative 
environmental effects of the alternatives. Past, present, and 
reasonably foreseeable actions on both private and national forest 
lands will be considered. The EIS will disclose the site-specific 
features that reduce or eliminate potential environmental impacts.
    The draft EIS is expected to be filed with the Environmental 
Protection Agency and be available for public review in March, 1997. At 
that time, the EPA will publish a notice of availability of the Draft 
EIS in the Federal Register. The public comment period on the Draft EIS 
will be 45 days from the date the EPA's notice of availability appears 
in the Federal Register.
    The Forest Service believes it is important to give reviewers 
notice at this early stage because 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. NRDA, 435 U.S. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft environmental impact stage but that are not raised until after 
completion of the final environmental impact statement may be waived or 
dismissed by the courts. Wisconsin Heritage, 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 the agency 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.)
    Following this comment period, the comments received will be 
analyzed, considered, and responded to by the Forest Service in the 
final environmental impact statements (FEIS). The FEIS is scheduled to 
be completed by June, 1997. Jane Kollmeyer, Tally Lake District Ranger, 
1335 Highway 93 West, Whitefish, MT 59937 is the responsible official 
for the preparation of the EIS and will make a decision regarding this 
proposal considering the comments and responses, environmental 
consequences

[[Page 67530]]

discussed in the FEIS, and applicable laws, regulations, and policies. 
The decision and rationale for the decision will be documented in a 
Record of Decision. That decision will be subject to appeal under 
applicable Forest Service regulations. Notice is hereby given that we 
are requesting from the Chief of the Forest Service that the proposed 
1997 aerial application of herbicides be considered a response to an 
emergency situation and this component of the Proposed Action should 
not be subject to a stay as described in 36 CFR 215.10(d).

    Dated: December 17, 1996.
Jane Kollmeyer,
District Ranger, Tally Lake Ranger District, Flathead National Forest.
[FR Doc. 96-32480 Filed 12-20-96; 8:45 am]
BILLING CODE 0870-00-M