[Federal Register Volume 69, Number 153 (Tuesday, August 10, 2004)]
[Notices]
[Pages 48451-48452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18218]
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DEPARTMENT OF AGRICULTURE
Forest Service
Dakota Prairie Grasslands, McKenzie Ranger District; North
Dakota; NE McKenzie Allotment Management Plan Revisions
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The McKenzie Ranger District, Dakota Prairie Grasslands,
proposes to authorize grazing on 28 allotments in Pastures 12, 13, and
14 in a manner consistent with direction set forth in the Dakota
Prairie Grasslands Land and Resource Management Plan and applicable
laws. The EIS will lay the groundwork for revising the Allotment
Management Plans (AMPs). Site-specific resource objectives, allowable
grazing strategies, and adaptive management tools will be set forth in
the EIS in order to allow managers flexibility to meet objectives.
DATES: Comments concerning the scope of the analysis must be received
within 14 days of publication of this notice in the Federal Register.
The draft environmental impact statement is expected by January 2005
and the final environmental impact statement is expected by April 2005.
ADDRESSES: Send written comments to Frank Guzman, District Ranger,
McKenzie Ranger District, 1901 South Main Street, Watford City, ND
58854 or e-mail your comments to [email protected].
FOR FURTHER INFORMATION CONTACT: Libby Knotts, Project Leader, McKenzie
Ranger District, USDA Forest Service at the above address or call (701)
842-2393.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The Forest Service needs to revise existing allotment management
plans to be consistent with direction of the recently developed Dakota
Prairie Grasslands Land and Resource Management Plan, referred to as
the Grasslands Plan. A Record of Decision was signed for the Grasslands
Plan on July 31, 2002. As required by its Record of Decision, a
scientific review team is analyzing 64 sample allotment management
plans to determine whether the Grasslands Plan can be implemented with
effects similar to those anticipated by the Forest Service. Planning
efforts, such as this project, may occur during the scientific review,
but final decisions will not be made on allotment management plans
until the review process is complete. If the review process requires
changes in the Grasslands Plan, the changes will be incorporated into
this project as appropriate.
Proposed Action
The Forest Service proposes to authorize grazing on 28 allotments
in Pastures 12, 13, and 14 of the McKenzie Ranger District in a manner
consistent with direction in the Grasslands Plan and applicable laws.
The proposal takes an adaptive management approach to allow flexibility
for both the Forest Service and the livestock operators to manage
properly under changing conditions.
The Forest Service has developed allotment-specific desired
conditions, needs, and adaptive management proposals designed to meet
the overall purpose and need for the project area. Stocking rates will
be determined annually based on progress toward desired conditions,
weather conditions and considering needs of the livestock operators.
Affected resources will be monitored to determine whether they are
moving toward or meeting desired conditions. If desired conditions are
not being met, or measurable progress is not being made toward them,
then adaptive management practices will be employed.
Possible Alternatives
A No-Action alternative, which would continue grazing, as currently
authorized, will be considered. A No-Grazing alternative, which would
exclude all domestic livestock grazing, will also be considered. Other
alternatives may be developed in response to comments.
Responsible Official
Frank Guzman, McKenzie District Ranger, is the responsible
official. See address under the ADDRESSES section above.
Nature of Decision To Be Made
The District Ranger will decide whether to authorize grazing,
whether to implement specific changes in grazing management to meet
desired conditions, what optional grazing strategies may be used to
meet desired conditions, what monitoring items need to be included, and
whether any amendments to the Grasslands Plan are required.
Scoping Process
The Forest Service mailed scoping packages on the proposed action
to 115 potentially interested or affected individuals, organizations,
local and state governments, and local, state and federal agencies on
April 9, 2004, with a request for responses by May 14, 2004. In the
cover letter, it was stated that the Forest Service's intent was to
prepare an environmental assessment for the project, but that if
scoping results or further analysis indicated that the project might
have significant environmental impacts, an environmental impact
statement would be prepared. A public open house was held in Watford
City, ND on April 29, 2004. The Forest Service has decided to prepare
an environmental impact statement. This notice of intent invites
additional public comment on the proposal and initiates the preparation
of the environmental impact statement. Due to the extensive scoping
effort already conducted, no further scoping meetings or mailings are
planned. The public is encouraged to take part in the planning process
and to visit with Forest Service officials any time during the analysis
and prior to the decision. While public participation in this analysis
is welcome at any time, comments received within 14 days of the
publication of this notice will be especially useful in the preparation
of the draft environmental impact statement.
Preliminary Issues
Issues identified through preliminary work and previous scoping of
similar projects include effects of implementing the proposed action on
individual livestock grazing operators and the local economy, effects
of livestock grazing on habitat for the management indicator species
sharp-tailed grouse, effects of livestock grazing on riparian areas,
effects of livestock grazing on sensitive species, and effects of the
drought strategy on livestock operations, wildlife and plants.
Comment Requested
This notice of intent initiates the scoping process which guides
the
[[Page 48452]]
development of the environmental impact statement.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: A draft environmental impact statement 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. 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: August 3, 2004.
Frank V. Guzman,
District Ranger.
[FR Doc. 04-18218 Filed 8-9-04; 8:45 am]
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