[Federal Register Volume 69, Number 93 (Thursday, May 13, 2004)]
[Notices]
[Pages 26542-26544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10873]


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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. 69, No. 93 / Thursday, May 13, 2004 / 
Notices  

[[Page 26542]]



DEPARTMENT OF AGRICULTURE

Forest Service


Sawtooth National Forest, Idaho; Upper and Lower East Fork 
Allotment Management Plan Analysis

AGENCY: Forest Service, USDA.

ACTION: Record of Decision--Substantial Impairment Determination being 
issued in compliance with appeal remand direction.

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Decision and Reasons for Decision

Background

    The Upper and Lower East Fork Cattle & Horse Allotments are located 
in the White Cloud Mountain range in Custer County, south of Clayton, 
ID and are administered by the Sawtooth National Recreation Area (SNRA) 
of the Sawtooth National Forest. The allotments are located in portions 
of Townships 7, 8, 9, and 10 North and Ranges 15, 16, and 17 East, 
Boise Meridian.
    On August 22, 1972, Congress passed Public Law 92-400 establishing 
the SNRA. The SNRA was established to protect the area's primary values 
of fish and wildlife resources, and the natural, scenic, pastoral, and 
historical values, and recreation attributes. Under Public Law 92-400, 
livestock grazing may be authorized so long as it does not 
substantially impair the purposes for which the SNRA was established.
    A Final Environmental Impact Statement (FEIS) and Record of 
Decision (ROD) for the Upper and Lower East Fork Allotment Management 
Plans were released on September 30, 2003. As stated in the FEIS, one 
of the determinations to be made in the ROD was whether or not the 
decision to allow livestock grazing on the Upper and Lower East Fork 
Allotments would substantially impair SNRA values of the SNRA (see 
attached map).
    The ROD was appealed under the regulations at 36 CFR part 215, 
claiming in part, that the ROD failed to provide for an adequate and 
legally sufficient assessment of whether the wildlife values associated 
with wolves and bighorn sheep on the East Fork Allotments would be 
substantially impaired by authorizing grazing under the conditions set 
forth in the EIS and ROD. Upon review of the project record, the FEIS 
and the ROD for the East Fork Allotments, the Appeal Reviewing Officer 
found that information is presented in the record regarding the effects 
of the decision to allow livestock grazing on wolves and bighorn sheep. 
However, the Appeal Reviewing Officer also found that a conclusion or 
determination relative to the SNRA Organic Act requirement that actions 
not substantially impair the purposes for which area was established 
was not documented in the ROD. In light of this finding, the 
determination concerning substantial impairment of wildlife values 
associated with wolves and bighorn sheep related to livestock grazing 
on the Upper and Lower East Fork Allotment was remanded back to the 
Forest. The Remand included direction to review the information in the 
record and make a determination in accordance with the SNRA Organic Act 
as to whether the authorization of livestock grazing as provided in the 
ROD will substantially impair wildlife values associated with wolf and 
bighorn sheep on the East Fork Allotments.

Decision

    It is my determination that the decision to allow continued use of 
the Upper & Lower East Fork Allotments, as provided in the September 
30, 2003 ROD with required mitigation and management requirements, is 
consistent with the revised Sawtooth FLRMP and Public Law 92-400 and 
will not cause substantial impairment of SNRA wildlife values 
associated with gray wolf or bighorn sheep.

Rationale for Decision

    As described in Appendix I of the revised Sawtooth FLRMP, direction 
for evaluating substantial impairment of the key SNRA values originates 
in 36 CFR part 292: 36 CFR 292.17 (b)(10): ``Substantial impairment 
means that level of disturbance of the values of the SNRA which is 
incompatible with the standards of the General Management Plan.'' The 
General Management Plan is defined as ``the document setting forth the 
land allocation and resource decisions for management of the SNRA.'' 
The direction contained in the revised Sawtooth FLRMP represents the 
General Management Plan as required by Public Law 92-400. The standards 
for management of wildlife on the SNRA can be found in Chapter III and 
Appendix I of the revised Sawtooth FLRMP.
    As described in the FEIS (page IV-57), the East Fork Allotments are 
considered wolf habitat and comprise an estimated 15% of the wolf 
habitat within the SNRA. While depredation of livestock by wolves has 
occurred on private lands within the East Fork Salmon River watershed, 
as described on Appendix C, page C-4, no depredation of cattle by 
wolves has occurred on National Forest System lands within the SNRA, 
including the East Fork Allotments. I do acknowledge that lethal 
control activities have taken place within the allotments. However, 
these activities have been in response to depredations on private lands 
and are not related to livestock use on the East Fork allotments. While 
predator control activities by the federal government is a reasonably 
foreseeable action on the allotments, I believe that the presence of 
cattle in these allotments contributes a low risk for triggering lethal 
control activities given that there is no history of cattle being taken 
by wolves on these allotments. As documented in the Rocky Mountain Wolf 
Recovery annual reports, wolf depredations within the Central Idaho 
Recovery Area occurs predominantly on sheep, with some depredation on 
calves during the spring calving season on private land. Therefore, the 
presence of cattle on the allotments is not likely to have an effect on 
presence of wolves on the SNRA. As described in Appendix C of the FEIS, 
as long as calving and livestock grazing continues on state and private 
lands in the area, the risk of mortality to wolves from predator 
control would exist whether or not livestock grazing continues on 
National Forest System lands within the East Fork Allotments or the 
SNRA.
    The only bighorn sheep winter range on the SNRA occurs within the 
Lower East Fork Allotment. The Lower East Fork winter range provides an 
estimated 22% of the winter range for the Salmon Region Unit 36A herd 
(FEIS III-71).

[[Page 26543]]

Studies by the Idaho Department of Fish and Game (Project W-170-R-27, 
Progress Report for Bighorn Sheep, July 2003) indicate that bighorn 
sheep within the Salmon Region experienced major disease-related young 
and adult mortality beginning in 1990, followed by several years of low 
lamb production. In 1987, thirteen bighorn sheep were taken from Unit 
36A to other parts of Idaho, implying a relatively stable population at 
that time. Current allotments boundaries have been in place since 1979 
for Upper East Fork and 1985 for the Lower East Fork. Therefore, it 
appears that disease has been the key-limiting factor for this herd. 
Recent surveys, documented in the 2003 report, suggest that lamb/ewe 
ratios are improving region-wide in the Salmon Region. The report also 
documents a conclusion that land management practices over the past 25 
years have generally improved bighorn sheep habitat within the Salmon 
Region. Under the September 30, 2003 ROD, the utilization level has 
been reduced from 40% to 30%. As described in the FEIS, the 30% 
utilization standard would further reduce potential for forage 
competition between livestock and bighorn sheep. No bighorn summer 
range would be available for livestock grazing. Any competition for 
forage would be further reduced by standards in the ROD. Given this 
information, I believe that livestock grazing, under the direction of 
the September 30, 2003 ROD, will not substantially impair bighorn 
sheep.

Implementation

Implementation Date

    If no appeals are filed within the 45-day time period, 
implementation of the decision may occur on, but not before, five 
business days from the close of the appeal filing period. When appeals 
are filed, implementation may occur on, but not before, the 15th 
business day following the date of the last appeal disposition.

Administrative Review or Appeal Opportunities

    This decision on the determination of substantial impairment for 
the Upper and Lower East Fork Allotments is subject to appeal pursuant 
to 36 CFR part 215. The appeal must be postmarked or received by the 
Appeal Deciding Officer within 45 days of the publication of this 
notice in the Challis Messenger. The Appeals Deciding Officer is: 
Regional Forester, Intermountain Region, 324 25th Street, Ogden, UT 
84401 (801) 625-5605. The office business hours for those submitting 
hand-delivered appeals are: 8:00-4:30 Monday through Friday, excluding 
holidays. Appeals must meet the content requirements of 36 CFR 215.14, 
as published in the Federal Register on November 4, 1993.
    Appeals, including attachments, must be filed within 45 days from 
the publication date of the notice in the Challis Messenger, the 
newspaper of record for the SNRA. The publication date in the Challis 
Messenger newspaper, is the exclusive means for calculating the time to 
file an appeal. Those wishing to appeal this decision should not rely 
upon dates or timeframe information provided by any other source.
    The 36 part CFR 251 subpart C appeal process for the original East 
Fork ROD has been on hold until the 36 CFR part 215 appeal process was 
completed. Applicants for or holders of a special use authorization who 
originally filed appeals on the East Fork ROD under 36 CFR part 251 do 
not need to file new appeals. However, if they believe this Record of 
Decision adds new information that may change or alter their original 
appeal, they may file an amendment to their appeal. The amendment to 
the appeal, including the reasons for amendment, must be postmarked or 
received by the Appeal Reviewing Officer within 45 days of this 
decision. The notice of the amended appeal should be filed with: Forest 
Supervisor, Sawtooth National Forest, 2647 Kimberly Road East, Twin 
Falls, ID 83301-7976. A copy must be filed simultaneously with: Area 
Ranger, Sawtooth National Recreation Area, HC 64, Box 8291, Ketchum, ID 
83340. Appeals must meet the content requirements of 36 CFR 251.90.
    Appellants with standing under both 36 CFR part 251 and 36 CFR part 
215 may only appeal under one regulation and may not appeal under both.

Contact Person

    For additional information concerning this decision or the Forest 
Service appeal process, contact Sharon LaBrecque, Forest Planning 
Officer, Sawtooth National Forest; 2647 Kimberly Road East; Twin Falls, 
Idaho 83301-7976; (208) 737-3200.

    Dated: May 3, 2004.
Sara E. Baldwin,
Area Ranger--Sawtooth National Recreation Area.
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[FR Doc. 04-10873 Filed 5-12-04; 8:45 am]
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