[Federal Register: October 8, 2008 (Volume 73, Number 196)]
[Notices]
[Page 58927-58929]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc08-35]
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DEPARTMENT OF AGRICULTURE
Forest Service
Dakota Prairie Grasslands; North Dakota; Dakota Prairie
Grasslands Land and Resource Plan Amendment and Site Specific Projects
for the Elkhorn Ranchlands
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The purpose of this notice is to inform the public that the
Forest Service intends to prepare an environmental impact statement for
amending the Dakota Prairie Grasslands Land and Resource Management
Plan (DPG Plan) pursuant to 16 U.S.C. 1604(f)(5) and 36 CFR 219.12.
This includes approving certain site specific projects associated with
the same lands.
The National Environmental Policy Act (NEPA), the Forest and
Rangeland Renewable Resources Planning Act (RPA) and the National
Forest Management Act (NFMA) are among the laws that set forth the
requirements for Forest Service planning. This DPG Plan amendment will
determine management direction including land-use determinations,
management area prescriptions, and standards and guidelines.
The need for the DPG Plan amendment results from the recent
acquisition of 5,200 acres of private land, the majority of which lie
in a solid block east of the Little Missouri River in Billings County,
North Dakota. Site specific project proposals relate to: (1) Restoring
ecological functions and wildlife habitat, (2) improving livestock
grazing opportunities, (3) enhancing heritage and recreation
opportunities, and 4) promoting conservation activities.
Respondents are encouraged to review grassland planning documents
and the final response to the Scientific Review Team Report for more
information on woody and riparian communities' restoration, prescribed
burning, grazing management issues, and drought management strategies.
Documents are available at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us/r1/dakotaprairie/ and
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us/ngp.
The Forest Service will be soliciting comments from individuals,
state and local governments, American Indians, federal agencies, and
organizations on the scope of the analysis specific to this DPG Plan
amendment and the site-specific projects proposed.
DATES: Comments concerning the scope of the analysis must be received
within 45 days of the scoping letter. The draft environmental impact
statement is expected in late May 2009 and the final environmental
impact statement is expected November 2009.
ADDRESSES: Submit written comments to: Sherri Schwenke, DPG Plan
Amendment Interdisciplinary Team Leader, Dakota Prairie Grasslands, 240
W. Century Avenue, Bismarck, North Dakota 58503 or by e-mail to:
comments-northern-dakota-prairie@fs.fed.us. When commenting by e-mail,
please be sure to list LRMP Amendment in the subject line and provide a
U.S. Postal Service address so that we may add you to our mailing list.
FOR FURTHER INFORMATION CONTACT: Sherri Schwenke, DPG Plan Amendment
Interdisciplinary Team Leader, Dakota Prairie Grasslands, 240 W.
Century Avenue, Bismarck, North Dakota 58503.
Background Information
The USDA Forest Service manages over 190 million acres of public
land in the United States of America. These public lands are managed in
accordance with numerous laws enacted by Congress including the
Bankhead-Jones Farm Tenant Act (BJFTA), the National Forest Management
Act (NFMA), 16 U.S.C. 1604 et seq. and the Multiple-Use Sustained Yield
Act (MUSYA) 16 U.S.C. 528 et seq. which directs the agency to provide
for the multiple use and sustained yield of the National Forest System
lands. In addition, Congress has instructed the agency to develop land
and resource management plans for the public land it manages (NFMA, 16
U.S.C. 1604(a)), which includes the involvement of the American public
in the planning process (NFMA, 16 U.S.C. 1604(d)). Of the public land
managed by the Forest Service, approximately 4 million of those acres
are National Grasslands. The National Grasslands lie primarily within
the Great Plains states, with roughly 1.1 million of those acres
occurring in North Dakota. The Little Missouri National Grassland in
western North Dakota comprises over 1 million of those and is managed
under BJFTA, NFMA and other authorities of the Forest Service. The
National Grasslands in North Dakota are managed by the Forest Service
as part of the Dakota
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Prairie Grasslands unit. The Dakota Prairie Grasslands (DPG) went
through the land and resource management planning process as part of
the Northern Great Plains planning process which resulted in a signed
Record of Decision in July, 2002 adopting the Dakota Prairie Grasslands
Land and Resource Management Plan (DPG Plan). Furthermore, a livestock
grazing specific Record of Decision adopting the grazing portion of the
DPG Plan was signed in September, 2006 after an independent Scientific
Review Team evaluated the findings in the DPG Plan and Final
Environmental Impact Statement.
The Elkhorn Ranchlands acquisition was completed in April of 2007.
As this acquisition occurred after the Records of Decision for the DPG
Plan, the Forest Service must undertake a plan amendment process in
order to manage the newly acquired lands in accordance with law.
The proposed DPG Plan amendment process also recognizes Pub. L.
110-161, the Consolidated Appropriations Act of 2008, Division F--
Department of the Interior, Environment, and related agencies
appropriations act, 2008, Title IV, General Provisions, Sec. 424 which
sets forth provisions for land sales to offset the acquired Elkhorn
Ranch lands. Section 424(g) of the act provides that federal land
grazing use of the Elkhorn Ranch shall be managed through the grazing
agreement between the Medora Grazing Association and the Forest
Service, and that the animal unit months (AUMs) for both federal and
private lands encompassing the Elkhorn Ranch shall become part of the
grazing agreement held by the Medora Grazing Association to be
reallocated to its members in accordance with their rules in effect as
of the date of the enactment of the act.
The Forest Service recognizes the Medora Grazing Association as the
permittee for the grazing use as determined during the planning process
for the Elkhorn Ranch lands which includes both this amendment to the
DPG Plan and subsequent allotment management plan (AMP) development.
The current Grazing Agreement with the Medora Grazing Association will
be the instrument used to permit the grazing use.
SUPPLEMENTARY INFORMATION: This section provides more information
regarding the purpose and need for the amendment as well as the
proposed action for the management prescriptions, et al. On April 25,
2007, the USDA Forest Service completed the acquisition of the Elkhorn
Ranchlands located in the Badlands of western North Dakota from the
Eberts family. The acquired lands are strongly associated with the 26th
President of the United States, Theodore Roosevelt. He operated a ranch
on the lands in the mid-1880s. The acquisition was widely supported by
over 50 conservation groups, The Friends of the Elkhorn, public
officials, and private citizens.
As discussed above, with regard to the acquisition of the Elkhorn
Ranch lands, Section 424 of Pub. L. 110-161 sets forth provisions for
land sales to offset the acquired Elkhorn Ranch lands. This legislation
also provided that ``[t]he multiple uses of the acquired Elkhorn Ranch
shall continue.'' Pub. L. 110-161, Sec. 424(h). The Forest Service's
approach to the acquisition includes maintaining traditional uses such
as livestock grazing, hunting, and oil and gas activities. Further,
consistent with section 424(h), the Forest Service is committed to its
legislatively mandated multiple-use mission and has stated that it
intends to embark on a public planning process to bring these lands
under the management direction of the Dakota Prairie Grasslands Land
and Resource Management Plan (DPG Plan).
In August 2007, the Forest Service initiated a resource assessment,
which is the first step in determining how the agency would include
these lands under DPG Plan management direction.
The assessment was conducted by a Dakota Prairie Grasslands
interdisciplinary team (IDT). Open houses were held in Dickinson,
Medora, and Bismarck, North Dakota, during September 2007. The results
of the resource assessment and the public input during that process
contributed to the purpose and need and proposed action for the DPG
Plan amendment and the site-specific project proposals. Common themes
included: (1) use the land for grazing but as a forage reserve or
``grassbank'', restore native vegetation on the ranchlands, protect the
``viewshed'' from the historic ranch home site, limit impacts from
development, and provide primitive recreation opportunities that
involve limited structural development. The complete resource
assessment can be found on the Dakota Prairie Grasslands Web site:
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us/r1/dakotaprairie/.
DPG Plan Amendment Proposal
Purpose and Need for Action
The Forest Service proposes to amend the 2002 DPG Plan to establish
management direction for the 5,200-acre Elkhorn Ranchlands and to
adjust the management direction assigned to the associated national
grassland range allotments (18,000 acres). More specifically the
purposes of the amendment are as follows:
Determine suitability of acquired lands for grazing (36
CFR 219.12).
Include the associated range allotments in the management
area designation for the Elkhorn Ranchlands.
Establish Grassland Plan management direction for the
Elkhorn Ranchlands.
Preserve historical values.
Conserve ecological values.
Restore the land and improve watershed health.
Restore the viewshed as seen from Theodore Roosevelt's
Elkhorn Ranch site to native plant communities that blend into the
other undeveloped portions of the viewshed.
Proposed Action
The Forest Service proposes to amend the DPG Plan to establish
management direction on 5,200 acres of National Forest System lands
acquired in 2006 and 2007, and assign compatible management direction
to the associated range allotments (18,000 acres). This includes
applying the grasslands wide direction from Chapter 1 of the DPG Plan
and allocating the lands to appropriate MA designations (DPG Plan,
Chapter 3).
Site-Specific Project Proposals
Purpose and Need for Site-Specific Projects
The site-specific projects related to the recently acquired 5200
acres and the adjoining 18,000 acres are intended to:
Preserve historical values
Restore the land and improve watershed health
Determine what will be done with the buildings, center
pivot, and other facilities on the site
Determine the level of recreation development and what
associated facilities would be built on site
Restore the historic viewshed
The need for the projects is based upon the condition of the lands
as well as DPG Plan direction for infrastructure and recreation in the
badlands setting.
Site-Specific Projects Proposed Action
Several projects are to be proposed to address the on-the-ground
conditions and DPG plan direction.
Responsible Official
David M. Pieper, Grasslands Supervisor, Dakota Prairie Grasslands,
240 W. Century Avenue, Bismarck, North Dakota 58503.
Nature of Decision To Be Made
The Forest Service will decide what the management direction will
be for
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the acquired lands and whether or not to adjust the management
direction assigned to the associated national grassland range
allotments, as well as whether or not to implement site-specific
project proposals for the project area.
Scoping Process
A scoping letter will be issued concurrent with the publication of
this notice of intent. The specifics of the proposed action(s) will be
laid out in the letter and also will be posted on the Dakota Prairie
Grasslands Web site for review. Comments to scoping should be received
within 45 days from the date on the letter.
Comment Requested
The Forest Service will be soliciting comments from individuals;
Federal, State, and local governments; American Indians, and
organizations on the scope of the analysis to be included in the draft
environmental impact statement for the DPG Plan amendment and from
those that may be interested in or affected by the proposed action to:
Identify potential issues.
Identify issues to be analyzed in depth.
Eliminate insignificant issues or those which have been
covered by a relevant previous environmental analysis.
Identify potential environmental effects of the proposed
action.
Identify and explore alternatives to the proposed action.
Comments received will be considered in preparation of the draft
environmental impact statement. A range of alternatives will be
considered after public comments are received and analyzed. One of
those considered will be a ``No Action'' alternative for the site-
specific projects proposed.
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 90 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 90-day comment period so that
substantive comm