[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Notices]
[Pages 33239-33241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13979]


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DEPARTMENT OF AGRICULTURE

Forest Service


Rangeland Allotment Management Planning on the Fall River West 
and Oglala Geographic Areas, Fall River and Pine Ridge Ranger 
Districts, Nebraska National Forest

AGENCY: Forest Service, USDA.

ACTION: Second revised 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) analyzing the management of rangeland vegetation 
resources, which includes livestock grazing, on the National Forest 
System (NFS) lands within the Oglala Geographic Area (OGA) of the 
Oglala National Grassland on the Pine Ridge Ranger District and the 
West Geographic Area (WGA) of the Buffalo Gap National Grassland on the 
Fall River Ranger District of the Nebraska National Forest (Analysis 
Area) areas as mapped by the 2001 Nebraska National Forest Revised Land 
and Resource Management Plan (Forest Plan). A Notice of Intent (NOI) 
for this project was published February 22, 2008 (73 No. 36 FR 9760-
9762). More than six months have elapsed since the projected draft 
environmental impact statement (DEIS) date in that original NOI. This 
revised NOI is being issued to update the project schedule. There will 
be a record of decision (ROD) for each geographic area.
    Proposed management actions would be implemented beginning in the 
year 2012. The agency gives notice of the full environmental analysis 
and decision-making process that will occur on the proposal so 
interested and affected people may become aware of how they may 
participate in the process and contribute to the final decision.

DATES: Comments concerning the scope of the analysis must be received 
within 30 days after publication in the Federal Register. The draft 
environmental impact statement is expected February 12, 2011 and the 
final environmental impact statement is expected September 1, 2011.

ADDRESSES: Send written comments pertaining to this project to Carla 
Loop, Oglala and Fall River West Geographic Area RAMP, 125 North Main, 
Chadron, NE 69337. Comments may also be submitted electronically at 
[email protected]. Please enter ``RAMP'' in the subject line.

FOR FURTHER INFORMATION CONTACT: For further information about the 
Oglala Geographic Area on the Oglala National Grassland call Lora 
O'Rourke, Co-Interdisciplinary Team Leader, at 308-432-0300. For 
further information about the West Geographic Area on the Buffalo Gap 
National Grassland, call Robert Novotny, Co-Interdisciplinary Team 
Leader at 605745-4107.

SUPPLEMENTARY INFORMATION: Vegetation resources on approximately 94,174 
acres of NFS lands lying within the Oglala National Grassland in Sioux 
and Dawes Counties of northwest Nebraska, and approximately 117,548 
acres of NFS lands lying within the Buffalo Gap National Grassland in 
Fall River County of southwest South Dakota, are being analyzed to 
determine if and how existing conditions differ from desired conditions 
outlined in the 2001 Nebraska National Forest Land and Resource 
Management Plan (Forest Plan).
    Vegetation in the Analysis Area is characteristic of mixed-grass 
prairie and lesser amounts of ponderosa pine/juniper habitats. Short-
grass species include blue grama, buffalograss, and upland sedges. Mid-
grass species include western wheatgrass, green needlegrass, and to a 
lesser extent sideoats grama. Shrubs include Wyoming big sagebrush, 
greasewood, and yucca glauca. Some creeks transverse the area and 
support plains cottonwood, green ash, and willow.
    A large portion of the Analysis Area evolved under a history of 
homesteading in the early twentieth century, and a prolonged drought 
period combined with the economic depression of the late 1920's and 
early 1930's caused many of these homesteads to fail. Starting in 
1930's, land was purchased through the northwestern Nebraska and 
southwestern South Dakota under the Land Utilization Project initiated 
by the Agricultural Adjustment Administration. This continued with the 
Bankhead Jones Farm Tenant Act of 1937, which was designed to develop a 
program of land conservation. Administration of these lands was turned 
over to the Soil Conservation Service the following year and 
transferred to the United States Forest Service in 1954.
    Today the Oglala and Buffalo Gap National Grasslands support and 
provide a variety of multiple resource uses and values. Livestock 
ranching operations in the area depend on National Grassland acreage to 
create logical and efficient management units. Cattle and sheep, in 
accordance with 10-year term and/or annual temporary livestock grazing 
permits, are currently authorized to graze the allotments within the 
Analysis Area. In order to determine how existing resource conditions 
compare to desired conditions, data from monitoring and analysis 
(historical and present) will be used. During the past 5-7 years, 
drought conditions have impacted plant vigor, canopy, and litter cover 
in most parts of the Analysis Area.
    Purpose and Need for Action: The purpose of this project is to 
determine if livestock grazing will continue to be authorized on all, 
none, or portions, of the 41 allotments in the Fall River West GA and 
the 35 allotments in the Oglala GA. And if livestock grazing is to 
continue, how to best maintain or achieve desired conditions and meet 
forest plan objectives, standards and guidelines.
    The action is needed to ensure that the project areas are meeting 
forest plan desired conditions for plant species composition, 
vegetation structure, and habitat for sharp-tailed grouse, sage grouse, 
and black-tailed prairie dog (management indicator species) and swift 
fox (r2 sensitive species).
    There is also a need to review existing livestock management 
strategies and, if necessary, update them to implement 2001 Forest Plan 
direction and meet the requirements of section 504 of Public Law 104-19 
(Rescissions Act, signed 7/27/95). The 2001 Forest Plan states that 
livestock grazing may occur as one of the multiple uses on the Nebraska 
National Forest, consistent with standards and guidelines. Livestock 
grazing is currently occurring in the analysis area under the direction 
of existing Allotment Management Plans (AMPs) and through direction 
provided in annual operating instructions (AOIs). The results of this 
analysis may require issuing or modifying grazing permits and AMPs 
including reductions of permitted livestock numbers and/or 
modifications of the grazing season.

[[Page 33240]]

Modifications would be documented in updated term grazing permits and/
or grazing agreements and associated AMPs for the allotments.
    The Forest Plan identifies lands within the OGA and FRWGA as 
containing lands that are capable and suitable for grazing by domestic 
livestock. These lands are to be monitored to evaluate both 
implementation and effectiveness of management actions.
    In all cases, vegetation management tools will be used that meet 
Forest Plan objectives, standards, and guidelines and that will 
maintain or move existing resource conditions toward desired conditions 
for that geographic area. If monitoring indicates that practices are 
being properly implemented and that resource trends are moving toward 
meeting desired conditions in a timely manner, management may continue 
unchanged. If monitoring indicates that there is a need to modify 
management practices, adaptive options as analyzed in the EIS will be 
selected and implemented.
    Consultation with the U.S. Fish and Wildlife Service, as required 
by the Endangered Species Act (ESA), will be completed on all proposed 
activities.
    An interdisciplinary team has been selected to do the environmental 
analysis, as well as prepare and accomplish scoping and public 
involvement activities.
    Possible Alternatives: Potential alternatives include:
    1. No action, No change from authorized grazing use or current 
situation.
    2. No Grazing.
    3. Livestock grazing incorporating adaptive management to meet the 
Forest Plan goals, objectives, standards, and guidelines.
    Responsible Officials: Charlie R. Marsh, District Ranger at the 
Pine Ridge Ranger District, 125 North Main Street, Chadron, Nebraska 
69337; and Michael E. McNeill, District Ranger at the Fall River Ranger 
District, 1801 Highway 18 Truck Bypass, Hot Springs, South Dakota 
57747-0732 are the Responsible Officials for making the decision on 
this action. They will document their decision and rationale in a 
Record of Decision.
    The Responsible Officials will consider the results of the analysis 
and its findings and then document their decisions in two separate 
Records of Decision (ROD), one for the OGA and one for the FRWGA. The 
decisions will determine whether or not to authorize livestock grazing 
on all, part, or none of the Analysis Area, and if so, what adaptive 
management design criteria, adaptive options, and monitoring will be 
implemented so as to meet or move toward the desired conditions as 
specified in the Forest Plan.
    Nature of Decision To Be Made: The EIS is not a decision document. 
The purpose of the EIS document is to disclose the direct, indirect, 
and cumulative effects of the proposed action and other alternatives 
that are analyzed. After providing the public an opportunity to comment 
on the specific activities described in the alternatives, the 
Responsible Officials will review all alternatives and the anticipated 
environmental consequences of each in order to make the following 
decisions:
     Whether or not to authorize livestock grazing within the 
Analysis Area in whole or in part.
     If grazing is to be Authorized, (a) What grazing systems 
and prescribed livestock use would be implemented; (b) what structural 
and non-structural range improvements would be necessary; and (c) what 
type of monitoring program would be proposed.
     If necessary identify any ``mitigation measure(s)'' needed 
to implement the decision. Individual Allotment Management Plans (AMPs) 
would then be developed to incorporate conditions outlined in the 
Record of Decision. These AMPs will become part of each associated term 
permit and/or grazing agreement issued.
    Public Scoping Process: Comments and input regarding this proposal 
were requested from the public, other groups and agencies via direct 
mailing on March 10, 2008. Comments received during this first scoping 
process have been made part of the project record and will be addressed 
in the analysis process. With this revised NOI, additional comments 
will be accepted 30 days from the publication date of the notice in the 
Federal Register. Anyone who has or will provide comments to the draft 
EIS or expresses interest during the comment period will have standing 
in the process.
    Public involvement will be especially important at several points 
during the analysis, beginning with the scoping process. The Forest 
Service will seek information, comments, and assistance from Federal, 
State, local agencies, tribes, and other individuals or organizations 
that may be interested in, or affected by, the proposal. The scoping 
activities will include: (1) Engaging potentially affected or 
interested parties by written correspondence, (2) contacting those on 
our Forest media list, and (3) hosting public information meeting(s).
    Preliminary Issues: Preliminary issues include:
    Effects of proposed management strategies on natural ecosystems. 
This includes elements such as native and desirable nonnative plant and 
animal communities, black-tailed prairie dog management, riparian 
areas, upland grasslands, wooded draws, ponderosa pine forested areas, 
areas of hazardous fuels, and threatened, endangered, sensitive, and 
management indicator species.
    Social-economic effects (positive or negative) on livestock grazing 
permittees and the local economy from changes in livestock management.
    Effects of proposed livestock grazing strategies on recreational 
activities and/or experiences. Comment Requested: This notice of intent 
initiates the formal scoping process that guides the development of the 
environmental impact statement.
    Early Notice of Importance for Public Participation in Subsequent 
Environmental Review: A draft environmental impact statement (DEIS) 
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. Hams, 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

[[Page 33241]]

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 document. 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: June 2, 2010.
Charles R. Marsh,
District Ranger, Pine Ridge Ranger District.
    Dated: June 2, 2010.
Michael E. McNeill,
District Ranger, Fall River Ranger District.
[FR Doc. 2010-13979 Filed 6-10-10; 8:45 am]
BILLING CODE 3410-11-M