[Federal Register Volume 67, Number 234 (Thursday, December 5, 2002)]
[Notices]
[Pages 72410-72411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30805]


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DEPARTMENT OF AGRICULTURE

Forest Service


Santa Fe National Forest, Jemex Ranger District; New Mexico; San 
Diego Range Allotment Permit Issuance

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: The U.S. Department of Agriculture, Santa Fe National Forest 
announces its intent to prepare an Environmental Impact Statement for 
Managing Cattle Grazing on the San Diego Range Allotment located on the 
Jemez Ranger District, New Mexico. The EIS will analyze the potential 
environmental impacts of managing cattle grazing on the San Diego 
Cattle Allotment. The EIS will be prepared pursuant to the National 
Environmental Policy Act (NEPA) of 1969, 42 U.S.C. 4321-4370a, and the 
National Forest Management Act 16 U.S.C. 1600-1614, and their 
respective implementing regulations.

DATES: Comments concerning the scope of the analysis must be received 
on or before January 13, 2003. The draft EIS is expected to be 
available for public review in September 2003. The final EIS is 
expected to be published in December 2003.

ADDRESSES: Send written comments and suggestions on the proposal, or 
requests to be placed on the project mailing list, to Rita Skinner, 
Natural Resource Coordinator, Jemez Ranger District, Santa Fe National 
Forest, PO Box 150, Jemez Springs, NM 87025.

FOR FURTHER INFORMATION CONTACT: Derek Padilla, Range Staff, Jemez 
Ranger District, at 505-829-3535.

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action

    There is an underlying need to: Protect non-renewable 
archaeological resources, minimize conflicts between recreation users 
and cattle during high use recreation periods, protect riparian areas, 
and minimize soil and vegetation impacts, while contributing to the 
social and economic needs associated with traditional grazing practices 
in Northern New Mexico. The Rescission Act of 1995 (Pub. L. 104-19), 
Section 504(a)(b)(c), directs the Forest Service to create and adhere 
to a schedule to complete NEPA for grazing activities and other related 
issues. In assessing this grazing allotment, the Forest Service will 
consider the protection of various resources within the allotment and 
meet the intent of the Rescission Act.

Proposed Action

    The Santa Fe National Forest proposes to revise the grazing program 
on the San Diego Cattle Allotment to address archaeological and other 
resource concerns on the allotment. Grazing would be authorized through 
issuance of a new 10-year term grazing permit. The overall grazing 
system(s) currently in place would remain essentially unchanged. 
Approximately 2-4 miles of new fence would be constructed and eight 
miles of existing fence would be reconstructed. Six to eight new water 
developments (dirt tanks) would be constructed in upland pastures and 
about two miles of new pipeline and four new water troughs would be 
installed to address various riparian, recreation, scenery, and 
archaelogical objectives. The number of cattle and grazing seasons 
would remain essentially unchanged except for a small reduction in head 
months (through changing the season of use) to accommodate a one-week 
reduction in spring riparian area grazing.

Possible Alternatives

    Alternatives include: No Action (No change from existing 
management)--Grazing would continue at the current level of 252 head 
from May 1 to November 30, 116 head from December 1 to April 30, and 12 
bulls year-round. A second alternative, the Forest Service proposed 
action is described in the preceding paragraph. A third alternative 
would eliminate grazing in a pasture containing a high density of 
archaeological sites. A fourth alternative would eliminate cattle 
grazing in high use recreation areas. A fifth alternative (No Grazing) 
would completely eliminate cattle grazing on the allotment.

Responsible Official

    John Peterson, District Ranger, Jemez Ranger District Santa Fe 
National Forest, P.O. Box 150, Jemez Springs, NM 87025, is the 
responsible official for this decision. He will document his decision 
in a Record of Decision.

Nature of Decision To Be Made

    The District Ranger of the Jemez Ranger District will decide 
whether or not livestock grazing activities would be allowed to 
continue on the allotment, and if so, the decision will identify: the 
grazing seasons, the timing and duration of grazing, structural range 
facilities, forage utilization levels, mitigation measures, monitoring 
and evaluation, and the implementation schedule.

Scoping Process

    A project scoping letter was distributed in 1999 to interested 
individuals and organizations, and was published in the Jemez Thunder 
newspaper. The proposed project has been listed on the Santa Fe 
National Forest Schedule of Proposed Projects beginning in December 
1998 and as recently as December 2002. Consultation with Native 
American Tribes was initiated three years ago and is ongoing. Cattle 
grazing activities associated with this allotment were discussed in 
detail at public meetings and throughout the scoping and planning 
effort for the Jemez National Recreation Area, which overlaps this 
allotment.

Preliminary Issues

    Heritage Resources (Archaeology)--Heritage resources has been 
identified as a key issue. This allotment contains high concentrations 
of significant archaeological sites. Cattle trailing through sites, 
congregating, bedding down, trampling, rubbing against standing 
features, etc. can result in adverse effects to sites including long-
term cumulative impacts. The proposed action and alternatives 3 and 5 
address this issue to varying degrees. Other issues include:
    Recreation--A portion of this allotment is within the Jemez 
National Recreation Area. The presence of cattle in popular dispersed 
recreation areas can disrupt the recreational and scenic enjoyment for 
some visitors to the area. The proposed action and alternatives 4 and 5 
address this issue to varying degrees.
    Riparian, Water, Fish habitat--Cattle grazing, permittee vehicle 
use, gathering, and trailing of cattle may affect riparian areas by 
slowing the rate of recovery of these areas. These same activities may 
affect water quality and aquatic habitat, particularly when combined 
with impacts associated with a high level of dispersed recreation use. 
The proposed action and alternatives 4 and 5 address this issue to 
varying degrees.

[[Page 72411]]

Permits or Licenses Required

    Livestock grazing on National Forest System lands is authorized 
under FSM 2230.

Comment Requested

    This notice of intent initiates the scoping process, which guides 
the development of the environmental impact statement.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A draft environmental impact statement will be 
prepared for comment. The comment period on the draft environmental 
impact statement will include a minimum of 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. 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.

    (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)

    Dated: November 27, 2002.
John F. Peterson,
District Ranger, Jemez Ranger District.
[FR Doc. 02-30805 Filed 12-4-02; 8:45 am]
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