[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Notices]
[Pages 11589-11591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5463]


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DEPARTMENT OF AGRICULTURE

Forest Service


Reissuance of 10-Year Term Grazing Permits and Authorization To 
Graze Cattle in the Tushar Mountain Range, Beaver Ranger District, 
Fishlake National Forest in Iron and Piute Counties, UT

AGENCY: Forest Service, USDA.

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

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SUMMARY: The USDA Forest Service will prepare an environmental impact 
statement (EIS) to disclose the environmental effects of reissuing 10-
year term grazing permits to continue authorizing cattle grazing on 
eight grazing allotments (North-Indian Creek, Circleville, South 
Beaver, Marysvale, Pine Creek/Sulphurdale, Cottonwood, Ten Mile, 
Junction) within the Beaver Ranger District and located on the Tushar 
Mountain Range near the city of Beaver in Beaver and Piute Counties, 
Utah. The permit reissuance would authorize the continued use of 
current grazing systems with presently permitted cattle numbers and 
seasons of use.

DATES: Comments in response to this Notice of Intent concerning the 
scope of the analysis should be received in writing on or before April 
5, 2004.

ADDRESSES: Send written comments to: Tushar Mountain Range EIS, Attn: 
Dave Grider, Dixie National Forest, 1785 North Wedgewood Lane, Cedar 
City, UT 84720. Additional information can be obtained from Dave 
Grider, Interdisciplinary Team Leader, by phone: 435-865-3731 or by e-
mail: [email protected].

RESPONSIBLE OFFICIAL: Dayle Flanigan, District Ranger, is the 
responsible official for this environmental impact statement. His 
address is: U.S. Forest Service, Beaver Ranger District, 575 South 
Main, P.O. Box E, Beaver, UT, 84713.

FOR FURTHER INFORMATION CONTACT: Dave Grider, Interdisciplinary Team 
Leader, Dixie National Forest, 1789 N. Wedgewood Lane, Cedar City, UT 
84720, (435) 865-3731. A Scoping Document has been prepared to provide 
project information and request public review and comment. This Scoping 
Document can be accessed electronically at http://www.fs.fed.us/r4/fishlake/projects/index.shtml.

SUPPLEMENTARY INFORMATION: These eight allotments comprise 173,000 
acres (two-thirds) of the 260,000-acre District on the eastern edge of 
the Basin and Range province. Elevations range from 5,200' in Sevier 
Valley to over 12,000' on Mount Belknap in the Tushar Range. Vegetation 
types range from sagebrush-grass and pinion-juniper in the valley 
floors to mountain brush, aspen, mixed conifer, and alpine-forb 
communities. Riparian ecosystems occur within many of these 
communities. Alpine riparian areas occur on Lake Peak and in the heads 
of North Creek. The major river drainage is Beaver River, which flows 
into the closed Great Basin. The South Beaver and North-Indian Creek 
Allotments include water bodies that are impaired or are tributary to 
streams that are impaired, but they do not exceed the State standard 
for total maximum daily load (TMDL) of pollutants, so the streams and 
lakes on these allotments are not included on the State's 303(d) list 
of waters not meeting water quality standards. The Circleville 
Allotment includes streams that flow to a segment of the Sevier River 
that is water quality limited, but no 303(d) streams are located in the 
Circleville Allotment.
    Proposed Action: Reissuing 10-year term grazing permits to continue 
authorizing cattle grazing, on eight allotments on the Tushar Mountain 
Range within the Beaver Ranger District, is proposed. Implementation of 
existing Allotment Management Plans (AMPs) would prescribe the manner 
and extent to which livestock operations would be conducted and would: 
(1) Develop allotment specific objectives which would direct livestock 
management to either maintain desired conditions or improve rangelands 
to desired conditions, (2) authorize management of livestock and 
construction or maintenance of improvements which would result in 
meeting objectives, (3) develop action plans to meet resource goals, 
objectives, and management requirements for a wide array of rangeland 
resources and uses concurrent with livestock grazing, (4) incorporate 
Land and Resource Management Plan (Forest Plan) standards and 
guidelines (as amended) for forage utilization and riparian area 
management, and (5) develop a monitoring plan that describes a 
measurable means of determining whether goals and objectives are being 
met. This proposed action does not intend to address livestock capacity 
and stocking rates. The number and class of livestock, season of use, 
and grazing system required to meet desired conditions is a permit 
administration decision, not a NEPA decision. Changes in numbers and 
seasons would not be adressed by the proposed action or alternative(s). 
The proposal does not intend to change the grazing systems currently in 
use. None of the project allotments require new structural range 
improvements (fences or water developments) for cattle management. The 
proposed action does include provision for maintenance of existing 
structural and non-structural range improvements. Vegetation type-
conversions (sagebrush and pinion-juniper to grass/forb types) would be 
subject to periodic maintenance on the North-Indian Creek, Marysvale,

[[Page 11590]]

Circleville, Ten Mile, Cottonwood, South Beaver, and Pine Creek/
Sulphurdale Allotments. Maintenance of existing structural range 
improvements would include 113 miles of fences, 27 cattle guards, 48 
developed springs, 48 stock ponds, 29 miles of pipeline, and 60 
watering troughs. Noxious weed infestations would require treatment on 
all of the allotments except Ten Mile, Junction, and Cottonwood.
    Purpose and Need for Action: The purpose of the proposed action is 
to authorize and conduct cattle grazing, on allotments included in this 
analysis, according to direction and objectives of the Forest Plan and 
in compliance with applicable laws, regulations, and policies. Term 
grazing permits and associated AMPs currently authorize cattle grazing 
on the Beaver Ranger District. The proposed action is needed to address 
significant grazing issues, relate existing conditions to desired 
conditions, and to conduct analysis in accordance with Section 504 of 
Pub. L. 104-19 (Rescission Bill, Signed 7/27/95) which directed the 
Forest Service to complete NEPA analysis on all grazing allotments. The 
Forest Plan provides the overall guidance for management activities in 
the potentially affected area through its goals, objectives, standards 
and guidelines, and management area direction.
    Nature of Decision To Be Made: The decision to be made is ``should 
10-year term grazing permits be reissued to authorize continued cattle 
grazing on the eight allotments within the Tushar Mountain Range on the 
Beaver Ranger District.'' If the decision is to reissue term grazing 
permits to continue cattle grazing, then management prescriptions, 
detailed in AMPs, will be implemented to outline how livestock will be 
grazed and to ensure compliance with Forest Plan direction.
    Possible Alternatives: The Forest Service will consider a range of 
alternatives. One of these will be the ``no grazing'' alternative, in 
which no grazing by domestic livestock would be allowed and all 
structural range improvements currently in place for control or 
management of livestock would be removed. New term grazing permits 
would not be issued as current permits expire. In ten years, this area 
would not provide any grazing for domestic livestock. Additional 
grazing alternatives will be considered in response to issues and other 
resource values. The EIS will analyze the direct, indirect, and 
cumulative environmental effects of the alternatives. Past, present, 
and projected activities on both private and National Forest lands will 
be considered. The EIS will disclose the analysis of site-specific 
mitigation measures and their effectiveness.
    Scoping Process: Public participation is an important part of the 
analysis, commencing with the initial scoping process (40 CFR 1501.7), 
which began in February 1998. At that time, an Interdisciplinary Team 
of Forest Service resource specialists conducted an in-depth analysis 
of 36 cattle allotments (including the 8 allotments in this proposed 
action) and 6 sheep allotments in a Forest-wide multi-allotment level 
environmental assessment. A final decision was made, which was 
subsequently appealed, pursuant to 36 CFR 215.17, and Fishlake National 
Forest Supervisor Rob Mwroka withdrew the decision in June 2000. Based 
on the complexities of the original EA, the Forest Supervisor decided 
to complete an environmental analysis that only addressed forage 
utilization criteria, and to incorporate new use criteria through an 
amendment to the Forest Plan. This EA was completed during 2001 and the 
Decision Notice was signed in February 2002 directing incorporation of 
the revised criteria into Part 3 of the Term Grazing Permits. 
Concurrently, and upon review of the environmental analysis process and 
varying public interests, the Forest Supervisor decided that separate 
Environmental Impact Statements (EISs), for each group of allotments on 
each of the Forest's four mountain ranges and respective ranger 
districts, would be prepared to assess the effects of authorizing and 
permitting livestock grazing. Public comments received during the 
completion of the original multi-allotment Forest-wide EA referenced 
above will be incorporated into this EIS analysis process. A disclosure 
of the effects of livestock grazing on the following resources and 
activities will be provided: riparian areas, endangered and sensitive 
plant and wildlife species habitats, soil and water quality within the 
allotments, forage competition between elk and livestock, conflicts 
with recreational activities, potential spread of noxious weeds, effect 
of livestock and their management on cultural resources, and economic 
stability of the local and regional agricultural communities. This list 
will be verified, expanded, refined, or modified based on public 
scoping for this proposal.
    Comments Requested: In addition to this scoping, the public may 
visit Forest Service officials at any time during the analysis and 
prior to the decision. The Forest Service is seeking information, 
comments, and assistance from Federal, State, and local agencies and 
other individuals or organizations that may be interested in or 
affected by the proposed action. No public meetings are scheduled at 
this time. Comments will be used to identify any additional issues that 
should be addressed in the environmental impact statement. The analysis 
is being conducted in compliance with the National Environmental Policy 
Act (NEPA) and is designed to inform the Responsible Official of the 
potential environmental consequences of continued livestock grazing on 
these eight allotments and to identify any changes in grazing practices 
that should be considered. The Draft EIS is expected to be filed with 
the Environmental Protection Agency (EPA) and available for public 
review by or prior to June of 2004. At that time, the EPA will publish 
a Notice of Availability of the Draft EIS in the Federal Register. The 
comment period on the Draft EIS will be 45 days from the date the EPA's 
notice of availability appears in the Federal Register. It is very 
important that those interested in management of the eight project 
allotments on the Beaver Ranger District participate at that time. To 
be most helpful, comments on the Draft EIS should be as site-specific 
as possible. The Final EIS is scheduled to be completed by September 
2004.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A draft environmental impact statement (DEIS) 
will be prepared for comment. The comment period on the DEIS 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

[[Page 11591]]

action participate by the close of the 30-day scoping comment period 
(April 1, 2004) 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 on the proposed action, comments 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.

    Dated: March 1, 2004.
Mary Erickson,
Forest Supervisor, Fishlake National Forest.
[FR Doc. 04-5463 Filed 3-10-04; 8:45 am]
BILLING CODE 3410-11-P