[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Notices]
[Pages 33444-33445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11335]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Upper Strawberry Grazing Allotments Environmental Impact 
Statement

AGENCY: Forest Service, USDA.

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

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

SUMMARY: Pursuant to Section 102(2)(c) of the National Environmental 
Policy Act of 1969 (NEPA), 40 Code of Federal Regulations 1500-1508 
Council on Environmental Quality Regulations, and, the Heber Ranger 
District of the Uinta National Forest will be preparing an 
Environmental Impact Statement (EIS) to analyze authorization of 
livestock grazing by updating allotment management plans (AMPs) on 
National Forest System lands on three grazing allotments.

DATES: To ensure full consideration, comments on the scope of the EIS 
must be post-marked or otherwise delivered within 30 days beginning the 
day following publication of this Notice of Intent.

ADDRESSES: Please submit your written issues or concerns to the 
Responsible Official: Julie King, District Ranger, Heber Ranger 
District, P.O. Box 190, Heber City, Utah 84032. Comments may be faxed 
to (801) 654-5772 or hand delivered to the Heber Ranger district 
located at 2460 South Highway 40 during normal business hours from 8 am 
to 5 pm, Monday through Friday. Comments may also be submitted to the 
following e-mail address: [email protected].

FOR FURTHER INFORMATION CONTACT: Jim Percy, at (435) 654-0470.

SUPPLEMENTARY INFORMATION: As part of the 1995 Rescission Act and its 
implementing regulations (Public Law 104-19 Section 504(a)), Congress 
directed the Forest Service to issue term grazing permits where 
existing permits were due for expiration and provide management 
direction for the permits in compliance with NEPA, Forest Plan 
direction, and other relevant laws and regulations. In accordance with 
the Rescission Act, the Forest Service prioritized those allotments 
that needed Allotment Management Plans.

Purpose and Need for Action

    The purpose and need for this project is to analyze issuance of 
grazing permits and to maintain or improve rangeland conditions 
affected by domestic grazing. Grazing is a suitable use of Forest 
Service Land is permissible through the Multiple Use Act. The Uinta 
National Forest 2003 Land and Resource Management Plan (Forest Plan) 
identified some of the land within these allotments in the project area 
as suitable for domestic livestock grazing.
    The need of this proposed action is to continue to provide forage 
for livestock at sustainable levels. The proposal would also help to 
meet desired resource conditions including: increased composition and 
density of desired plant species within riparian areas; an increased 
density and composition desired grass and forb species on upland range; 
improved water quality in affected streams within project area; and 
meeting the State of Utah's Total Maximum Daily Load (TMDL) standards. 
Proposed management directions have been designed to comply and 
implement relevant direction for grazing management in the Forest Plan 
and other applicable laws, regulations and policies.

Proposed Action

    The proposed action is to authorize continued livestock grazing, 
update allotment management plans (AMPs), and allow permitted livestock 
grazing that meets or moves existing resource conditions toward desired 
conditions on three national forest grazing allotments while complying 
with applicable statutes. Adaptive management, which allows flexibility 
during the implementation of the grazing strategy, would allow managers 
to make adjustments and corrections to management based on monitoring. 
A portion of the Twin Peaks and all of the Strawberry Allotment 
allotments are proposed to be converted from sheep to cattle 
allotments.

Decisions Framework

    Based on the environmental analysis in the EIS, the District Range 
will decide whether to authorize continued livestock grazing on the 
project area's suitable rangelands under updated management direction, 
and if so, what changes need to be made to the respective AMPs in 
accordance with Forest Plan goal, objectives and desired future 
conditions.

Alternatives

    In addition to the Proposed Action, The No Grazing Alternative and 
the Current Management will also be analyzed.

Lead and Cooperating Agencies

    The Forest Service is the lead agency in accordance with 40 CFR 
Sec.  1501.5(b), and is responsible for preparation of the EIS. There 
are no cooperating agencies at this time.

Nature of Decision To Be Made

    Based on the environmental analysis in this EIS, the District 
Ranger will decide whether to authorize continued livestock grazing on 
the project area's suitable rangelands under updated management 
direction, and if so, what changes need to be made to the respective 
allotment management plans in accordance with Forest Plan and desired 
conditions.

Scoping Process

    Public participation will be especially important at several points 
during the analysis. The Forest Service will be seeking information, 
comments, and assistance from Federal, State, local agencies, Native 
American Tribes and other individuals and organizations who may be 
interested in or affected by the proposal. This input will be used in 
preparation of the Draft EIS. The scoping process includes:
     Identifying major issues to be analyzed in depth.
     Identifying potential environmental effects of the 
alternatives identified to date.
     Identifying potential alternatives that meet the Purpose 
and Need of the project.
     Notifying interested members of the public of 
opportunities to participate and keeping the public informed.

[[Page 33445]]

Preliminary Issues

     Water Quality: Erosion, streambank stability, phosphorous, 
meeting State of Utah's Total Maximum Daily Load (TMDL) standards.
     Improve vegetation composition (both riparian & upland).

Comment Requested

    This notice of intent initiates the scoping process, which 
guidesdevelopment of the EIS. The Forest Service is seeking public and 
agency comment on the proposed action to identify major issues to be 
analyzed in depth and assistance in identifying potential alternatives 
to be evaluated. Comments received to this notice, including the 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 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 
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. Where the request is denied, the agency 
will return the submission and notify the requester that the comments 
may be resubmitted, without name and address, within a specified number 
of days.
    A Draft EIS will be prepared for comment. Copies will be 
distributed to interested and affected agencies, organizations, and 
members of the public for their review and 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 Draft EIS is expected to be 
filed in September 2005. The Final EIS is expected to be filed in 
February 2006.
    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 
the 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 
procedural provisions of the National Environmental Policy Act at 40 
CFR 1503.3 in addressing these points. In the Final EIS, the Forest 
Service is required to respond to comments received during the comment 
period. The Forest Supervisor for the Uinta National Forest will be the 
responsible official for the EIS and its Record of Decision. The Record 
of Decision will be subject to Forest Service appeal regulations (36 
CFR part 215).

Julie K. King,
District Ranger.
[FR Doc. 05-11335 Filed 6-7-05; 8:45 am]
BILLING CODE 3410-11-P