[Federal Register Volume 69, Number 22 (Tuesday, February 3, 2004)]
[Notices]
[Pages 5122-5123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2140]


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DEPARTMENT OF AGRICULTURE

Forest Service


Ashley National Forest; Utah; Ashley-Dry Fork Grazing Allotments

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Ashley National Forest is analyzing a proposal to continue 
cattle grazing on the Black Canyon, Lake Mountain and Dry Fork 
Allotments located on the Vernal Ranger District, in Uintah County.

DATES: Comments concerning the scope of the analysis must be received 
my March 7, 2004. The draft environmental impact statement is expected 
in November 2004 and the final environmental impact statement is 
expected in April 2005.

ADDRESSES: Send written comments to Scott Steinberg, Vernal District 
Ranger, Vernal Ranger District, 355 N. Vernal Avenue, Vernal UT 84078 
or e-mail [email protected]. For further information mail 
correspondence to Scott Steinberg, Vernal District Ranger, Vernal 
Ranger District, 355 N. Vernal Avenue, Vernal UT, 84078.

FOR FURTHER INFORMATION CONTACT: William Stroh, ID Team Leader, Ashley 
National Forest, 355 N. Vernal Avenue, Vernal UT 84078, (435) 781-5179.

SUPPLEMENTARY INFORMATION: The Black Canyon Allotment includes 37,449 
acres of National Forest System land. The original boundaries were 
established in the early 1970's by combining the former Cow Canyon 
Sheep and Dry Fork Cattle Allotments. Some additional acres were also 
added in Ashley Gorge and from the area known as the Sheep's Trail 
Allotment. An additional 1,280 acres were added in 2000 from the 
Lakeshore Basin Allotment.
    The Lake Mountain Allotment includes 7,971 acres of National Forest 
System Land. The original boundaries were carved out of the Mosby 
Mountain Allotment in 1954. In 1977, the Lake Mountain Allotment was 
formed by combining the Lake Mountain-Flat Spring Allotment with parts 
of the former Mosby Canyon and Dry Fork Canyon Allotments.
    The Dry Fork Allotment includes 17,918 acres of National Forest 
Service land. The allotment was established in 1977-78. The allotment 
was formed from all or parts of the Mosby Mountain, Mill Canyon, and 
Dry Fork Sheep and Goat Allotments. With the above allotments the 
number of cattle can be adjusted depending on variations in 
precipitation, plant readiness, and range condition.

Purpose and Need for Action

    The original environmental analyses for these allotments were 
written in conjunction with the Allotment Management Plans in 1978. 
Since 1978, several wildlife and fish species have become imperiled and 
have either been listed by the U.S. Fish and Wildlife Service as 
threatened or have been addressed in Conservation Agreements or 
Management Guidelines. These species have been afforded additional 
protection by additional grazing requirements. Forest Service policy on 
grazing in riparian areas has also been implemented after the Allotment 
Management Plans were originally put into practice. The Ashley National 
Forest has implemented these requirements and policy by adaptive 
management and has used the Annual Operating Instructions as the 
vehicle for change.
    The Ashley National Forest has decided there have been sufficient

[[Page 5123]]

changes in the physical characteristics of the allotments in addition 
to regulatory and policy changes, that an updated review of the 
allotments is warranted.

Proposed Action

    This alternative would develop forage utilization standards for 
individual grazing allotments. Allotment Management Plans would be 
revised to meet utilization standards and additional environmental 
protection requirements that recent regulations and policy changes have 
required. This would include incorporation of mitigation identified in 
the following in the plan: the Canada Lynx Conservation Assessment and 
Strategy, the Conservation Strategy and Agreement for the Northern 
Goshawk Habitat in Utah, Guidelines to Manage Sage Grouse Populations 
and Their Habitats, the Colorado River Cutthroat Trout Conservation 
Agreement, and riparian management guidelines.
    This Alternative would also analyze the changes in grazing strategy 
that have recently been incorporated in the Annual Operating Plans.

Possible Alternatives

    The No Grazing Alternative would revoke grazing privileges for the 
allotment and permits would not be issued.

Responsible Official

    The Vernal District Ranger, Scott Steinberg is the responsible 
official. The address is 355 North Vernal Avenue, Vernal, UT 84078.

Nature of Decision To Be Made

    The decision to be made is: Should the Forest Service continue to 
allow grazing on the Black Canyon, Lake Mountain, and Dry Fork 
Allotments and along with this continued grazing should new forage 
utilization standards be developed?

Scoping Process

    Public participation is especially important at several points 
during the analysis, particularly during initial scoping and review of 
the draft EIS. Individuals, organizations, federal, state, and local 
agencies who are interested in or affected by the decision are invited 
to participate in this scoping process. The information will be used in 
the preparation of the draft EIS.

Preliminary Issues

    The following is a preliminary list of issues identified by the ID 
Team. Other issues raised during public involvement will also be 
discussed in this EIS. The preliminary issues include:
    1. Effects on Water Quality; Soils; Long term Productivity and 
Nutrient Cycling.
    2. Effects On Composition and Structure of Vegetation on Uplands as 
well as in Riparian Areas.
    3. Effects of competition between wild ungulates and cattle.
    4. Effects on Fisheries and aquatic habitats.
    5. Effects on dispersed recreation.
    6. Effects on grazing permittees and long established traditional 
grazing use.
    7. Effects to other wildlife.
    8. Effects to Sims Peak Natural Research Area.

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 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 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: January 23, 2004.
Scott Steinberg,
District Ranger.
[FR Doc. 04-2140 Filed 2-2-04; 8:45 am]
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