[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Notices]
[Pages 54099-54100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20228]


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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. 172 / Tuesday, September 7, 2004 / 
Notices  

[[Page 54099]]



DEPARTMENT OF AGRICULTURE

Forest Service


Proposed Porcupine Pass East, Nine Allotment Grazing Analysis 
Caribou-Targhee National Forest, Clark County, ID

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare Environmental Impact Statement.

-----------------------------------------------------------------------

SUMMARY: The USDA Forest Service will prepare an Environmental Impact 
Statement to document the analysis and disclose the environmental 
impacts of proposed actions to graze livestock on grazing allotments of 
east of Porcupine Pass on the Dubois Ranger District of the Caribou-
Targhee National Forest, Clark County, Idaho. The proposed project is 
located on all Sections of Forest System lands within Townships 12, 13, 
and 14 North, Ranges 37, 38, and 39 East, Boise Meridian, Clark County, 
Idaho. The Dubois Ranger District of the Caribou-Targhee National 
Forest proposes to analyze livestock grazing activities on nine 
allotments. The following table shows the current permitted use on each 
allotment:

----------------------------------------------------------------------------------------------------------------
            Allotment                 Permitted use      Season of use             \1\ Grazing system
----------------------------------------------------------------------------------------------------------------
Alex Draw--Threemile C&H.........  220 cow/calves.....       6/16-9/15  4 Unit Deferred Rotation.
Corral-Crab Creek S&G............  1000 ewe/lambs and        6/16-9/15  Deferred Rotation.
                                    2 horses.
Pete-Stump Creek S&G.............  1000 ewe/lambs and         7/1-9/15  Deferred Rotation.
                                    2 horses.
Table Mountain S&G...............  1000 ewe/lambs and         7/6-9/10  Deferred Rotation.
                                    2 horses.
West Camas C&H...................  908 cow/calves.....      6/26-10/15  4 Unit Deferred Rotation.
Rattlesnake S&G..................  761 ewe/lambs and 2       6/16-8/31  Deferred Rotation.
                                    horses.
East Camas C&H...................  71 cow/calf........        7/1-9/30  2 Unit Deferred Rotation.
Cottonwood-East Camas S&G........  1000 ewe/lambs and         7/1-9/25  Deferred Rotation.
                                    2 horses.
Ching Creek S&G..................  750 ewe/lambs and 2        7/1-8/31  Deferred Rotation.
                                    horses.
----------------------------------------------------------------------------------------------------------------
\1\ A deferred rotation grazing system provides deferred grazing in two or more units or pastures on a
  systematic basis.

    The purpose of this project is to comply with Public Law 104-19 
(1995). Section 504 of the law requires that the Forest Service conduct 
an analysis on all allotments where the livestock grazing that is 
authorized has not been analyzed in compliance with the National 
Environmental Policy Act (NEPA) of 1969.
    The need of this proposed action is to continue to provide forage 
for livestock of local livestock producers to meet the Desired Future 
Condition for production of commodity resources as stated in the 
Revised Targhee Forest Plan (RFP) II-3. ``Commodity production, such as 
* * * livestock forage * * * are conducted at sustainable levels and 
maintain the capability of the land to produce an even flow and variety 
of goods and services for present and future generations. Forest 
products are provided to sustain social and economic values and needs 
of the local communities within limits which maintain ecosystem 
health.''
    The RFP designates each of the 9 allotments in this project area as 
open to domestic livestock grazing. The Revised Forest Plan also 
provides specific direction, standards and guidelines for managing 
livestock grazing. These standards and guidelines are currently 
included in the permits to graze livestock on the allotments and will 
continue to be part of each allotments' management.
    The issues identified during scoping and the analysis process will 
determine alternatives to the proposed action. The no action 
alternative will be analyzed.

DATES: Written comments concerning the scope of the analysis described 
in this Notice should be received with 30 days of the date of 
publication of this Notice in the Federal Register. No scoping meetings 
are planned at this time. Information received will be used in 
preparation of the draft EIS and final EIS.

ADDRESSES: Send written comments to Caribou-Targhee National Forest, 
Dubois Ranger District, P.O. Box 46, Dubois, Idaho 83423.

FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed 
action and EIS should be directed to Shane Jacobson, Caribou-Targhee 
National Forest, Dubois Ranger District, 225 West Main Street, P.O. Box 
46, Dubois, Idaho 83423 (Telephone: (208) 374-5422.)

SUPPLEMENTARY INFORMATION: The Forest Service is seeking information 
and comments from Federal, State and local agencies, as well as 
individuals and organizations that may be interested in, or affected by 
the proposed action. The Forest Service invites written comments and 
suggestions on the issues related to the proposal and the area being 
analyzed.
    The responsible official is Robbert G. Mickelsen, District Ranger, 
Caribou-Targhee National Forest, P.O. Box 46, Dubois, Idaho 83423.
    The decision to be made is to decide whether to continue the 
present course of action (the no action alternative) or to implement 
the proposed action with applicable mitigation measures, or to 
implement an alternative to the

[[Page 54100]]

proposed action with its applicable mitigation measures.
    The tentative date for filing the Draft EIS is 31 December 2004. 
The tentative date for filing the final EIS is 1 April 2005. The 
comment period on the draft environmental impact statement will be open 
for 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 viewers 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 alert an agency to the reviewer's position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
(1978). Also, environmental objections that could be raised at the 
draft impact statement stage but 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 F2d 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 of the Draft Environmental Impact 
statement 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. Agency representatives and other interested people are 
invited to visit with Forest Service officials at any time during the 
EIS process.
    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. 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 in response 
to this solicitation, including names and addresses of those who 
comment, will be considered part of the public record on this proposed 
action and will be available for public inspection. Comments submitted 
anonymously will be accepted and considered; however, those who submit 
anonymous comments will not have standing to appeal the subsequent 
decision under 36 CFR 215 or 217. Additionally, pursuant to 7 CFR 
1.27(d), any person may request the agency to withhold a submission 
from the public record by showing how the Freedom of Information Act 
(FOIA) permits such confidentiality. Persons requesting such 
confidentially should be aware that, under the FOIA, confidentially may 
be granted in only limited circumstances, such as to protect trade 
secrets. The Forest Service will inform the requester of the agency's 
decision regarding the request for confidentially, and if the request 
is denied; the agency will return the submission and notify the 
requester that the comments may be resubmitted with or without name and 
address within 10 days.

    Dated: August 23, 2004.
Robbert G. Mickelsen,
District Ranger, Dubois Ranger District, Caribou-Targhee National 
Forest, Intermountain Region, USDA Forest.
[FR Doc. 04-20228 Filed 9-3-04; 8:45 am]
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