[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Notices]
[Pages 35116-35117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13964]


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DEPARTMENT OF AGRICULTURE

Forest Service


Nebraska National Forest, Nebraska & South Dakota; Black-Tailed 
Prairie Dog (Cynomys ludovicianus) Management on the Nebraska National 
Forest and Associated Units

AGENCY: Forest Service, USDA.

ACTION: Second revised notice of intent to prepare an environmental 
impact statement.

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SUMMARY: This project would amend current management direction in the 
Nebraska National Forest Land and Resource Management Plan (LRMP) for 
black-tailed prairie dog (Cynomys ludovicianus) management on the 
Nebraska National Forest and associated units (NNF). The proposed LRMP 
amendment is to meet various multiple use objectives by: (1) Specifing 
the desired range of acres of prairie dog colonies that would be 
provided on the Nebraska National Forest and associated units; and (2) 
allowing the use of rodenticides if the acreage exceeds the desired 
range and for multiple use objectives. A Notice of Intent (NOI) to 
supplement the 2002 LRMP environmental impact statement (EIS) for this 
project was published September 29, 2006 (71 FR 57460-57462). On 
February 28, 2007 (72 FR 8962) a revised NOI was published indicating 
that the Agency would not be preparing a supplement to the 2002 LRMP 
EIS but would be preparing a separate environmental impact statement 
for black-tailed prairie dog (Cynomys ludovicianus) management on the 
Nebraska National Forest and associated units. This EIS would tier to 
2002 LRMP. More than six months have elapsed since the projected FEIS 
date in that original NOI. Also, the responsible official has changed 
to Jane Darnell, Forest Supervisor (no change in title). This revised 
NOI is being issued to update the project schedule and responsible 
official.

DATES: The Notice of Availability of the draft environmental impact 
statement was published in the Federal Register on June 8, 2007 (72 FR 
31822). The final environmental impact statement is expected in July, 
2008. No further formal public comment opportunities will be offered on 
this project.

FOR FURTHER INFORMATION CONTACT: Mike McNeill, Team Leader, USDA Forest 
Service, at 1801 Hwy 18 Truck Bypass PO Box 732, Hot Springs, South 
Dakota 57747, or call (605) 745-4107.

SUPPLEMENTARY INFORMATION:
    Purpose and Need for Action: We conducted an interdiscinplinary 
review of new information and changed circumstances from the original 
LRMP FEIS including prolonged drought conditions, changes in praire dog 
numbers and distribution, and related concerns about resulting 
vegetation and soil conditions. The environmental impact statement will 
disclose the environmental effects of the proposed action while still 
providing: (1) Sufficient habitat to support a self-sustaining 
population of black-footed ferrets that contributes to the overall 
recovery of the species; and (2) sufficient habitat to maintain a well-
distributed population of black-tailed prairie dogs and other 
associated species across the national grasslands.
    Proposed Action: The proposed action is to amend current management 
direction in the LRMP to meet various multiple use objectives by: (1) 
Specifying the desired range of acres of prairie dog colonies that will 
be provided on the NNF; and (2) allowing use of rodenticide if the 
acreage exceeds the desired range and for multiple use objectives. This 
includes amending Chapter 1, Section H, Standard 1 which 
identifies a limited use of rodenticides.
    Issues: Key issues include effects on black-tailed prairie dogs; 
effects on recovery of the endangered black-footed ferret; effects on 
other wildlife species associated with prairie dogs; effects on 
livestock grazing permittees; effects on vegetation cover, topsoil, and 
undesirable plant species; and costs and effectiveness of management 
strategies.

Responsible Official

    The Responsible Official is Jane D. Darnell, Forest Supervisor, 
USDA Forest Service, 125 North Main Street, Chadron, Nebraska 69337.

Nature of Decision To Be Made

    The Forest Service will decide whether or not to amend current 
management direction in the LRMP to meet various multiple use 
objectives by: (1) specifying the desired range of acres of prairie dog 
colonies that will be

[[Page 35117]]

provided on the NNF; and (2) allowing use of rodenticides if the 
acreage exceeds the desired range and for multiple use objectives.

Public Comment

    Comments and input regarding the proposal were requested from the 
public, other groups and agencies via direct mailing on October 6, 
2006. Additional comments were solicited during September 2006 and 
February 2007 via public notices and an additional direct mailing. The 
Draft EIS was issued for a 45-day public comment in June 2007. No 
further formal public comment opportunities will be offered on this 
project.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: 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, the 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 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 EIS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft EIS. 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 regarding the specificity of comments.
    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: June 13, 2008.
Jane D. Darnell,
Forest Supervisor, Nebraska National Forest.
[FR Doc. E8-13964 Filed 6-19-08; 8:45 am]
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