[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47140-47141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19758]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / 
Notices  

[[Page 47140]]



DEPARTMENT OF AGRICULTURE

Forest Service


Stanislaus National Forest, CA; Notice of Intent To Prepare an 
Environmental Impact Statement for BEH Rangeland Allotments

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to Prepare an Environmental Impact Statement.

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SUMMARY: The Stanislaus National Forest proposes to reauthorize 
livestock grazing on the Bell Meadow (B), Eagle Meadow (E) and Herring 
Creek (H) allotments on the Summit Ranger District. The area affected 
by this proposal includes approximately 57,250 acres in the Sierra 
Nevada, located in Tuolumne County, California. The purpose of this 
proposal is to ensure compliance with all applicable Public Laws and 
standards and guidelines described in the Forest Plan.

DATES: Comments on the proposed action should be submitted within 45 
days of the date of publication of this Notice of Intent. Completion of 
the draft environmental impact statement is expected in January 2012 
and the final environmental impact statement is expected in August 
2012.

ADDRESSES: Send written comments to: Stanislaus National Forest, Attn: 
BEH Range; 19777 Greenley Road; Sonora, CA 95370. Electronic comments, 
in acceptable plain text (.txt), portable document format (.pdf), rich 
text (.rtf), or Word (.doc) formats, may be submitted to [email protected] with Subject: BEH Range.

FOR FURTHER INFORMATION CONTACT: Crispin Holland, Stanislaus National 
Forest, 19777 Greenley Road; Sonora, CA 95370; phone: (209) 532-3671 
ext. 274; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

General Background

    Domestic livestock grazing occurred in the area encompassed by 
these allotments since the 1850s. The livestock industry in this area 
peaked around the turn of the century, during the same time period as 
the creation of the Forest Reserves (later to become the National 
Forests). Regulation of livestock grazing began with the establishment 
of the Stanislaus National Forest and more seriously with the passage 
of the Taylor Grazing Act of 1934. The requirement that ranchers obtain 
grazing permits to graze National Forest land was intended to prevent 
long-term resource damage. Permitted livestock numbers on these 
allotments and across the National Forests in California are at least 
50% below that allowed in the 1950s. Over time, allotment boundaries 
changed and portions of the National Forest are no longer grazed by 
commercial livestock.
    Several Congressional Acts passed in the 1960s and 1970s, mainly 
the National Environmental Policy Act of 1969 (NEPA), required the 
Forest Service to conduct thorough analysis in planning and decision 
making for activities that affect the environment. The Rescissions Act 
of 1995 (Pub. L. 104-19, Sec 504(a)) requires the Forest Service to 
establish a schedule for completion of NEPA analysis on grazing 
allotments in order to update Allotment Management Plans (AMPs) and 
continue to authorize livestock grazing. The Code of Federal 
Regulations (36 CFR 222), the Forest Service Manual (FSM 2200) and the 
Forest Service Handbook (FSH 2209) contain direction and policy for 
Range Management (livestock use on National Forest lands).
    The Bell Meadow, Eagle Meadow and Herring Creek AMPs were last 
updated in 1989, 1990 and 1980, respectively. The Forest Plan, as 
amended, now includes emphasis on specific resources and that along 
with changes to resources on the ground results in a need to update the 
AMPs and issue revised Term Grazing Permits.

Purpose and Need for Action

    The purpose of this initiative is to reauthorize livestock grazing 
in the project area and to ensure compliance with the following 
regulations and agency policy:
     Public Law 104-19 Section 504 of the 1995 Rescissions Act, 
as amended, require each National Forest to establish and adhere to a 
schedule for completing NEPA analysis and updating Allotment Management 
Plans for all rangeland allotments on National Forest System lands.
     Congressional intent allows grazing on suitable lands 
where it is consistent with other multiple use goals and objectives as 
authorized through several Congressional Acts (Organic Administration 
Act of 1897, Multiple Use Sustained Yield Act of 1960, Wilderness Act 
of 1964, Forest and Rangeland Renewable Resources Planning Act of 1974, 
Federal Land Policy and Management Act of 1976, National Forest 
Management Act of 1976, and the Public Rangelands Improvement Act of 
1978);
     Code of Federal Regulations (CFR) directs the Forest 
Service to meet multiple-use objectives, including managing for 
livestock grazing on forage-producing National Forest System lands (36 
CFR 222.2 (c));
     It is Forest Service policy to make forage available to 
qualified livestock operators from lands suitable for grazing 
consistent with land management plans (Forest Service Manual (FSM) 
2203.1); and,
     It is Forest Service policy to continue contributions to 
the economic and social well being of people by providing opportunities 
for economic diversity and by promoting stability for communities that 
depend on range resources for their livelihood (FSM 2202.1)
    This action is needed because:
     There is public demand from qualified livestock operators 
for continued livestock grazing on these allotments. Livestock grazing 
on Forest Service land is an important source of meat and fiber 
production, encourages the retention of private lands (ranches) as open 
space, contributes to the economic stability of rural populations, and 
provides Forest visitors with opportunities to experience a traditional 
and culturally important use of public lands.
     Recent assessments indicate that specific locations within 
the project area may not be meeting or moving toward desired conditions 
in a manner that is timely and consistent with Forest Plan objectives, 
standards and guidelines. Gaps between existing resource conditions and 
desired conditions

[[Page 47141]]

indicate a need to change grazing management by updating AMPs.
     There is a need to design and implement an adaptive 
management system that will continue to move resource conditions toward 
desired conditions in a manner that is timely and consistent with 
Forest Plan goals and objectives.

Proposed Action

    In response to the purpose and need, the Forest Service proposes to 
continue to authorize livestock grazing in the Bell Meadow, Eagle 
Meadow, and Herring Creek allotments, making forage available to 
qualified livestock operators in a manner that is sustainable and 
consistent with management direction. The Proposed Action would adjust 
livestock management, update Allotment Management Plans and implement 
an adaptive management strategy that would provide for healthy 
ecosystems in a manner that is consistent with the Forest Plan. The 
Proposed Action would move existing conditions toward desired 
conditions while continuing to allow livestock grazing on these 
allotments with the following management actions.

    (1) Authorize continued grazing on the Bell Meadow, Eagle Meadow, 
and Herring Creek allotments in a manner that provides for healthy 
ecosystems and is consistent with Forest Plan direction.

Modify allotment boundaries, create subunits, and update Allotment 
Management Plans to incorporate resource conservation measures and 
adaptive management options. Implement design criteria in order to 
better achieve desired conditions through systematic monitoring and 
adjustment of grazing activities, while allowing for flexibility in 
management decisions.
    For more details about the proposed action, including a scoping 
package and maps, visit the project Web site at:  http://fs.usda.gov/goto/stanislaus/projects.

Responsible Official

    Susan Skalski, Forest Supervisor, Stanislaus National Forest, 
Supervisor's Office, 19777 Greenley Road, Sonora, CA 95370.

Nature of Decision To Be Made

    The project area includes all land encompassed in the Bell Meadow, 
Eagle Meadow, and Herring Creek allotments, and areas proposed as 
additions to these allotments. The responsible official will decide 
whether to adopt and implement the proposed action, an alternative to 
the proposed action, or take no action to reauthorize grazing in the 
Bell Meadow, Eagle Meadow, and Herring Creek allotments.

Scoping Process

    Public participation is important at numerous points during the 
analysis. The Forest Service seeks information, comments, and 
assistance from the federal, state, and local agencies and individuals 
and organizations that may be interested in or affected by the proposed 
action.
    Comments on the proposed action should be submitted within 45 days 
of the date of publication of this Notice of Intent. The draft EIS is 
expected to be filed with the Environmental Protection Agency (EPA) and 
to be available for public review by approximately January 2012. EPA 
will publish a notice of availability of the draft EIS in the Federal 
Register. At that time, copies of the draft EIS will be distributed to 
all interested and affected agencies, organizations, and members of the 
public for their review and comment. It is very important that those 
interested in the management of the Stanislaus National Forest 
participate at that time.
    The final EIS is scheduled to be completed in August 2012. In the 
final EIS, the Forest Service is required to respond to substantive 
comments received during the comment period that pertain to the 
environmental consequences discussed in the draft EIS and applicable 
laws, regulations, and policies considered in making the decision. 
Substantive comments are defined as ``comments within the scope of the 
proposed action, specific to the proposed action, and have a direct 
relationship to the proposed action, and include supporting reasons for 
the responsible official to consider'' (36 CFR 215.2). Only those who 
submit comments during the comment period on the draft EIS are eligible 
to appeal the subsequent decision under the 36 CFR part 215 
regulations.

Comment Requested

    This notice of intent initiates the scoping proces which guides the 
development of the environmental impact statement. 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.
    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, 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. 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 environmental impact statement.
    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 statement. 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, 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: July 29, 2011.
Susan Skalski,
Forest Supervisor.
[FR Doc. 2011-19758 Filed 8-3-11; 8:45 am]
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