[Federal Register Volume 69, Number 153 (Tuesday, August 10, 2004)]
[Notices]
[Pages 48451-48452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18218]


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DEPARTMENT OF AGRICULTURE

Forest Service


Dakota Prairie Grasslands, McKenzie Ranger District; North 
Dakota; NE McKenzie Allotment Management Plan Revisions

AGENCY: Forest Service, USDA.

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

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SUMMARY: The McKenzie Ranger District, Dakota Prairie Grasslands, 
proposes to authorize grazing on 28 allotments in Pastures 12, 13, and 
14 in a manner consistent with direction set forth in the Dakota 
Prairie Grasslands Land and Resource Management Plan and applicable 
laws. The EIS will lay the groundwork for revising the Allotment 
Management Plans (AMPs). Site-specific resource objectives, allowable 
grazing strategies, and adaptive management tools will be set forth in 
the EIS in order to allow managers flexibility to meet objectives.

DATES: Comments concerning the scope of the analysis must be received 
within 14 days of publication of this notice in the Federal Register. 
The draft environmental impact statement is expected by January 2005 
and the final environmental impact statement is expected by April 2005.

ADDRESSES: Send written comments to Frank Guzman, District Ranger, 
McKenzie Ranger District, 1901 South Main Street, Watford City, ND 
58854 or e-mail your comments to [email protected].

FOR FURTHER INFORMATION CONTACT: Libby Knotts, Project Leader, McKenzie 
Ranger District, USDA Forest Service at the above address or call (701) 
842-2393.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The Forest Service needs to revise existing allotment management 
plans to be consistent with direction of the recently developed Dakota 
Prairie Grasslands Land and Resource Management Plan, referred to as 
the Grasslands Plan. A Record of Decision was signed for the Grasslands 
Plan on July 31, 2002. As required by its Record of Decision, a 
scientific review team is analyzing 64 sample allotment management 
plans to determine whether the Grasslands Plan can be implemented with 
effects similar to those anticipated by the Forest Service. Planning 
efforts, such as this project, may occur during the scientific review, 
but final decisions will not be made on allotment management plans 
until the review process is complete. If the review process requires 
changes in the Grasslands Plan, the changes will be incorporated into 
this project as appropriate.

Proposed Action

    The Forest Service proposes to authorize grazing on 28 allotments 
in Pastures 12, 13, and 14 of the McKenzie Ranger District in a manner 
consistent with direction in the Grasslands Plan and applicable laws. 
The proposal takes an adaptive management approach to allow flexibility 
for both the Forest Service and the livestock operators to manage 
properly under changing conditions.
    The Forest Service has developed allotment-specific desired 
conditions, needs, and adaptive management proposals designed to meet 
the overall purpose and need for the project area. Stocking rates will 
be determined annually based on progress toward desired conditions, 
weather conditions and considering needs of the livestock operators.
    Affected resources will be monitored to determine whether they are 
moving toward or meeting desired conditions. If desired conditions are 
not being met, or measurable progress is not being made toward them, 
then adaptive management practices will be employed.

Possible Alternatives

    A No-Action alternative, which would continue grazing, as currently 
authorized, will be considered. A No-Grazing alternative, which would 
exclude all domestic livestock grazing, will also be considered. Other 
alternatives may be developed in response to comments.

Responsible Official

    Frank Guzman, McKenzie District Ranger, is the responsible 
official. See address under the ADDRESSES section above.

Nature of Decision To Be Made

    The District Ranger will decide whether to authorize grazing, 
whether to implement specific changes in grazing management to meet 
desired conditions, what optional grazing strategies may be used to 
meet desired conditions, what monitoring items need to be included, and 
whether any amendments to the Grasslands Plan are required.

Scoping Process

    The Forest Service mailed scoping packages on the proposed action 
to 115 potentially interested or affected individuals, organizations, 
local and state governments, and local, state and federal agencies on 
April 9, 2004, with a request for responses by May 14, 2004. In the 
cover letter, it was stated that the Forest Service's intent was to 
prepare an environmental assessment for the project, but that if 
scoping results or further analysis indicated that the project might 
have significant environmental impacts, an environmental impact 
statement would be prepared. A public open house was held in Watford 
City, ND on April 29, 2004. The Forest Service has decided to prepare 
an environmental impact statement. This notice of intent invites 
additional public comment on the proposal and initiates the preparation 
of the environmental impact statement. Due to the extensive scoping 
effort already conducted, no further scoping meetings or mailings are 
planned. The public is encouraged to take part in the planning process 
and to visit with Forest Service officials any time during the analysis 
and prior to the decision. While public participation in this analysis 
is welcome at any time, comments received within 14 days of the 
publication of this notice will be especially useful in the preparation 
of the draft environmental impact statement.

Preliminary Issues

    Issues identified through preliminary work and previous scoping of 
similar projects include effects of implementing the proposed action on 
individual livestock grazing operators and the local economy, effects 
of livestock grazing on habitat for the management indicator species 
sharp-tailed grouse, effects of livestock grazing on riparian areas, 
effects of livestock grazing on sensitive species, and effects of the 
drought strategy on livestock operations, wildlife and plants.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the

[[Page 48452]]

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: August 3, 2004.
Frank V. Guzman,
District Ranger.
[FR Doc. 04-18218 Filed 8-9-04; 8:45 am]
BILLING CODE 3410-11-M