[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Notices]
[Pages 41999-42000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17941]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 68, No. 136 / Wednesday, July 16, 2003 / 
Notices  

[[Page 41999]]



DEPARTMENT OF AGRICULTURE

Forest Service


Forest Plan Amendments for Grizzly Bear Habitat Conservation for 
the Greater Yellowstone Area National Forests

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The purpose of this notice is to inform the public that the 
Forest Service will prepare an environmental impact statement (EIS) to 
analyze the environmental effects of amendments to land and resource 
management plans (forest plans) for the Beaverhead, Custer, and 
Gallatin National Forests located in the state of Montana; the Targhee 
National Forest located in the states of Idaho and Wyoming; and the 
Bridger-Teton and Shoshone National Forests located in the state of 
Wyoming. This notice describes a proposal to amend six forest plans to 
provide additional programmatic direction for management of grizzly 
bear habitat security, developed sites, and livestock within the 
Grizzly Bear Recovery Area.

DATES: Comments concerning the scope of the analysis must be received 
on or before August 15, 2003. The agency expects to file a draft EIS 
with the Environmental Protection Agency (EPA) and make it available 
for public, agency, and tribal government comment in October 2003. The 
final environmental impact statement is expected to be filed in 
February 2004.

ADDRESSES: Send written comments to Dave Cawrse, Team Leader, Grizzly 
Bear Habitat Amendments, Shoshone National Forest, 808 Meadow Lane 
Avenue, Cody, WY 82414-4549.

FOR FURTHER INFORMATION CONTACT: Dave Cawrse, Team Leader, telephone 
(307) 527-6241.

SUPPLEMENTARY INFORMATION: Pursuant to 16 U.S.C. 1604(f)(4) and 36 CFR 
219.10(f), the Forest Supervisors give notice that the USDA Forest 
Service is beginning an environmental analysis and decision making 
process for this Proposed Action so that interested or affected people 
can participate in the analysis and contribute to the final decision. 
The Forest Service is seeking comments from individuals, organizations, 
tribal governments, and federal, state, and local agencies who are 
interested in or may be affected by the Proposed Action. The public is 
invited to help identify issues and define the range of alternatives to 
be considered in the environmental impact statement. Written comments 
identifying issues for analysis and the range of alternatives are 
encouraged.

Purpose and Need for Action

    The management of grizzly bear habitat on national forests in the 
GYA (Greater Yellowstone Area) is a dynamic process. Experience 
provides the public and land managers with new understanding and 
insights regarding the conservation of grizzly bear habitat. Scientific 
research continues to bring forth new theories, observations, and 
findings relevant to the management of these resources. This learning 
is continuous. Most importantly, the Yellowstone grizzly bear 
population has increased over the past 25 years. As a result, the U.S. 
Fish and Wildlife Service intends to review the status of the 
Yellowstone grizzly bear population under the Endangered Species Act.
    The forest plans for the GYA national forests were approved at 
various times between 1986 and 1997. Since their approval, the Forest 
Service has amended these plans. A few of these amendments relate 
directly to the management of grizzly bear habitat. As a result, 
existing forest plan direction regarding grizzly bear habitat 
management varies between six GYA national forests. In addition, the 
age of forest plan direction regarding grizzly bear habitat management 
varies from forest to forest.
    There is a need to improve the coordination and consistency of 
forest plan direction in the GYA regarding grizzly bear habitat 
management, and to update this direction to reflect new management 
insight, the latest scientific information, and the changing 
characteristics of the Yellowstone grizzly bear population. Direction 
for managing the grizzly bear was recently developed through a nine-
year inter-agency effort documented in the ``Final Conservation 
Strategy for The Grizzly Bear in the Greater Yellowstone Area'' 
(``Conservation Strategy''). This ``Conservation Strategy'' was 
developed to be the document guiding management and monitoring for the 
Yellowstone grizzly bear population and its habitat upon recovery and 
delisting. Additionally, there is a need to clarify the applicability 
of forest plan grizzly bear habitat management direction if there is a 
change in the Yellowstone grizzly bear population's status under the 
Endangered Species Act, and to ensure the long-term recovery and 
conservation of Yellowstone grizzly bears regardless of their listing 
as a threatened species under the Endangered Species Act.
    There is a need for national forests in the GYA to maintain or 
improve habitat conditions as of 1998, as measured within each subunit 
within the Recovery Area, while maintaining options for resource 
management activities at approximately the same level as existed in 
1998. The grizzly population achieved all demographic recovery goals by 
1998 with this management regime in place.
    The purpose of these amendments is to (1) ensure conservation of 
habitat within the Recovery Area to support continued recovery of the 
grizzly bear population, (2) update the management and monitoring of 
grizzly bear habitat to incorporate recent interagency recommendations 
and agreements, and (3) provide consistency among Greater Yellowstone 
Area national forests in managing and monitoring grizzly bear habitat.

Proposed Action

    The Forest Service proposes to amend the forest plans for the 
Beaverhead, Bridger-Teton, Custer, Gallatin, Shoshone, and Targhee 
National Forests to provide additional programmatic direction for 
management of grizzly bear habitat security, developed sites, and 
livestock grazing within the Grizzly Bear Recovery Area. The Proposed 
Action includes a forest-wide goal, standards, and monitoring 
requirements. The forest-wide goal promotes the continued recovery of 
the Yellowstone grizzly bear population. Forest-wide standards are (1) 
maintain

[[Page 42000]]

secure habitat at 1998 levels through management of motorized access 
routes, with short-term deviations allowed under specific conditions, 
(2) do not exceed the number of commercial livestock allotments and the 
number of permitted domestic sheep Animal Months (AMs) from the 1998 
level, and (3) manage developed sites at 1998 levels, with some 
exceptions for administrative and maintenance needs.
    All standards apply only to the Recovery Area. Monitoring 
requirements in the Proposed Action include monitoring adherence to the 
above standards and monitoring changes in motorized access route 
density and habitat effectiveness.

Possible Alternatives

    A range of alternatives that responds to issues developed during 
scoping will be considered. A reasonable range of alternatives will be 
evaluated and reasons will be given for eliminating some alternatives 
from detailed study, if that occurs. A no action alternative (forest 
plans would not be amended) will be considered. Written comments on the 
range of alternatives and their effects will be requested and 
considered with the draft EIS is released.

Responsible Officials

    The Responsible Officials for this decision will be Thomas Reilly, 
Forest Supervisor, Beaverhead-Deerlodge National Forest, 420 Barrett 
Street, Dillon, MT 59725-5372; Nancy Curriden, Forest Supervisor, 
Custer National Forest, 1310 Main Street, Billings, MT 59105-1786; 
Becki Heath, Forest Supervisor, Gallatin National Forest, PO Box 130, 
Bozeman, MT 59771-0130; Jerry Reese, Forest Supervisor, Caribou-Targhee 
National Forest, 1405 Hollipark Drive, Idaho Falls, ID 83401-2100; 
Kniffy Hamilton, Forest Supervisor, Bridger-Teton National Forest, PO 
Box 1888, Jackson, WY 83001-1888; and Rebecca Aus, Forest Supervisor, 
Shoshone National Forest, 808 Meadow Lane Avenue, Cody, WY 82414-4549. 
Rebecca Aus has been delegated the authority to direct the preparation 
of the environmental analysis.

Scoping Process

    Public participation will be solicited by notifying people by mail. 
The first formal opportunity to comment is during the scoping process, 
which begins with the issuance of this notice of intent. Comments 
concerning the scope of the analysis must be received on or before 30 
days after publication of this notice in the Federal Register. All 
comments, including the names and addresses when provided, will be 
placed in the record and will be available for public inspection and 
copying at the Shoshone National Forest Supervisor's Office, 808 Meadow 
Lane Avenue, Cody, WY. The Forest Service will work with tribal 
governments to address issues concerning Indian tribal self-government 
and sovereignty, natural and cultural resources held in trust, Indian 
tribal treaty and Executive Order rights, and any issues that 
significantly or uniquely affect their communities.

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 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. 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 on 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: July 20, 1003.
Rebecca Aus,
Forest Supervisor.
[FR Doc. 03-17941 Filed 7-15-03; 8:45 am]
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