[Federal Register Volume 69, Number 248 (Tuesday, December 28, 2004)]
[Notices]
[Pages 77709-77711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28344]


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DEPARTMENT OF AGRICULTURE

Forest Service


Deep Lake Allotment, Coconino National Forest; Coconino County, 
AZ

AGENCY: Forest Services, 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 reauthorizing 
cattle grazing on the Deep Lake Allotment.

DATES: Comments concerning the scope of the analysis should be received 
within 30 days of the date of publication of this Notice of Intent in 
the Federal Register. The draft EIS is expected in May 2005 and the 
final EIS is expected September 2005.

ADDRESSES: Send written comments to Terri Marceron, Mormon Lake 
District Ranger, 4373 South Lake Mary Road, Flagstaff, Arizona 86001, 
Fax: (928) 214-2460, E-mail: comments-

[[Page 77710]]

[email protected].

FOR FURTHER INFORMATION CONTACT: Katherine S[aacute]nchez Meador, Range 
Specialist, Peaks Ranger District, 5075 N Highway 89, Flagstaff, 
Arizona 86004, (928) 526-0866.

SUPPLEMENTARY INFORMATION: The Deep Lake Allotment is a small grazing 
allotment located approximately nine miles southeast of Flagstaff, 
Arizona and along the northeastern edge of Anderson Mesa. The allotment 
consists of approximately 11,010 acres, most of which are in one main 
pasture. The current allotment permit is for 105 cattle from May 1 to 
October 31.
    Primary vegetation on the Deep Lake Allotment consists of pinyon-
juniper woodland that extends above and below the Anderson Mesa Rim. 
Deep Lake is the only semi-permanent wetland within the allotment. A 
band of ponderosa pine is found along the Anderson Mesa Rim and Mormon 
Canyon. Pronghorn habitat is limited and of poor quality because it 
consists of only small, isolated meadows within the northern portion of 
the allotment.
    The Deep Lake Allotment is scheduled for environmental analysis of 
grazing use on the Coconino National Forest, as required by the Burns 
Amendment (1995). This project is being completed in order to ensure 
cattle grazing on the Deep Lake Allotment is consistent with goals, 
objectives, and the standards and guidelines of the Coconino National 
Forest Plan (1987, as amended).

Purpose and Need for Action

    The purpose of this project is to analyze the effects of 
reauthorizing cattle grazing on the Deep Lake Allotment and to ensure 
the allotment is managed in a manner that moves the area toward Forest 
Plan objectives and desired conditions. The analysis will help 
determine whether or not to reauthorize cattle grazing and set grazing 
levels within the carrying capacity for the allotment. (Carrying 
capacity refers to the average number of cattle and/or wildlife that 
may be sustained on a management unit, i.e. an allotment, compatible 
with management objectives for the unit.)
    There is a need to continue maintaining and improving rangeland 
conditions on the Deep Lake Allotment. Recent monitoring indicates 
current cattle grazing management is maintaining or improving rangeland 
conditions where cattle grazing occurs. New fencing is also needed 
around stock tanks for better distribution of cattle.

Proposed Action

    The Mormon Lake Ranger District of the Coconino National Forest 
proposes to reauthorize cattle grazing for up to 105 cattle on the Deep 
Lake Allotment from May 1 through October 31. The authorization would 
be through a term grazing permit.
    Five waterlots would be built around five stock tanks. These 
waterlots would be designed so water is accessible to wildlife, which 
would include a smooth bottom wire, 18 inches high, as well as wildlife 
jumps on all side. The waterlots would allow the permittee to control 
access to water for cattle at these stock tanks. By closing or opening 
up these stock tanks for cattle, the permittee can improve management 
of when and where cattle graze in the main pasture. The waterlots would 
allow the permittee the ability to control access to water for cattle 
and improve management of when and where cattle graze. Rangeland 
conditions on the allotment would improve with better cattle 
distribution.
    The emergent vegetation and the surrounding upland buffer at Deep 
Lake will be excluded from cattle grazing by fencing approximately 29 
acres of emergent vegetation and 54 acres of upland buffer. There will 
be a lane for cattle to access the stock tank water at Deep Lake which 
will have approximately two acres of emergent vegetation and six acres 
of upland buffer. The lane would maintain the permittee's current 
(livestock) water claim at Deep Lake. The bulrush plant community in 
Deep Lake should improve when cattle are excluded.
    Utilization standards would be set for up to 35% by cattle and/or 
elk during the cattle grazing season. When allotment use approaches 35% 
by cattle and/or elk, cattle would be moved to another portion of the 
allotment. Once this use standard is met across the allotment, by 
cattle and/or elk, cattle would be moved off the allotment.
    The Proposed Action includes adaptive management, which provides 
more flexibility for managing cattle. This would be accomplished 
through changes in timing and duration of grazing, movement of cattle 
within the allotment, and cattle numbers. If adjustments are needed, 
they are implemented through the Annual Operating Instructions which 
would adjust numbers so cattle use is consistent with current 
productivity. This allows plant, soil, and watershed conditions to be 
maintained or improved while range improvements are implemented over 
time. An example of a situation that could call for adaptive management 
adjustments is continued drought conditions.
    Future monitoring will evaluate rangeland condition. Monitoring and 
the timing for this monitoring over the next ten years would include: 
Permittee compliance, allotment inspections, range readiness, forage 
production, and rangeland utilization (annually); condition and trend 
(every five to ten years); soil and riparian condition including 
wetlands, threatened, endangered, and sensitive species habitat 
(annually); archeological site condition (as needed); frequency and 
canopy cover plots and a soil condition rating would be continued or 
established at long-term monitoring sites, in areas of concern or in 
areas where changes in trend are expected or needed throughout the 
allotment.

Possible Alternatives

    In addition to the Proposed Action, two other alternatives will 
initially be analyzed. One alternative (Current Management) will 
consider the effects of continuing the current cattle grazing 
management system on the allotment. Another alternative (No Action/No 
Grazing) will consider the effects of temporarily closing the Deep Lake 
Allotment to cattle grazing for a ten-year period. The development of 
any other alternatives will be completed following public response to 
scoping and published in the draft EIS.

Responsible Official

    The responsible official for this project is the Mormon Lake 
District Ranger.

Nature of Decision To Be Made

    The Mormon Lake District Ranger will decide whether or not to 
reauthorize cattle grazing and in what manner as described in the 
proposed action, alternatives to the proposed action, or current cattle 
management. The reauthorization of cattle grazing would be for a 
minimum of ten years. However, future NEPA for additional projects 
within the Deep Lake Allotment area, changing rangeland condition, or 
violations of the term grazing permit could change the length of this 
decision.

Scoping Process

    Public questions and comments regarding this proposal are an 
integral part of this environmental analysis process. Comments will be 
used to identify issues and develop alternatives to the proposed 
action. To assist the Forest Service in identifying and considering 
issues and concerns on the proposed action, comments should be as 
specific as possible. A copy of this

[[Page 77711]]

Notice of Intent will be mailed to landowners within and immediately 
adjacent to the allotment area, as well as those people and 
organizations on the Coconino National Forest's mailing list that have 
indicated a specific interest in the Deep Lake Allotment area or 
grazing management in general. The public will be notified of any 
meetings regarding this proposal by mailings and press releases sent to 
the local newspaper and media. There are no meetings planned at this 
time.

Comments Requested

    This Notice of Intent initiates the scoping process under NEPA, 
which will guide development of the EIS. Comments concerning the scope 
of this project should be received within 30 days of the date of 
publication of this Notice of Intent. Our desire is to receive 
substantive comments on the merits of the Proposed Action, as well as 
comments that address errors, misinformation, or information that has 
been omitted. Substantive comments are defined as comments within the 
scope of the proposal have a direct relationship to the proposal, and 
that include supporting reasons for the Responsible Official's 
consideration.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft EIS will be prepared for comment. The comment period on the 
draft EIS 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 
a draft EIS 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 EIS stage but that are not raised 
until after completion of the final EIS 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 EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS 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 EIS 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. 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 part 215. 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 confidentiality should be aware that, under 
the FOIA, confidentiality may be granted in only very limited 
circumstances, such as to protect trade secrets. The Forest Service 
will inform the requester of the agency's decision regarding the 
request for confidentiality, 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 a specified 
number of days.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21.)

    Dated: December 14, 2004.
Nora B. Rasure,
Forest Supervisor, Coconino National Forest.
[FR Doc. 04-28344 Filed 12-27-04; 8:45 am]
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