[Federal Register Volume 72, Number 57 (Monday, March 26, 2007)]
[Notices]
[Pages 14073-14074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1431]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Battle Park/Mistymoon Allotment Management Plan on the Powder 
River Ranger District, Bighorn National Forest, Big Horn County, WY

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

-----------------------------------------------------------------------

SUMMARY: The USDA, Forest Service, will prepare an environmental impact 
statement (EIS) to update range management planning on the Battle Park 
Cattle and Horse allotment and the Mistymoon Sheep and Goat livestock 
grazing allotment, which will result in development of new allotment 
management plans (AMPs). The agency gives notice of the full 
environmental analysis and decision-making process that will occur on 
the proposal so that interested and affected people may become aware of 
how they may participate in the process and contribute to the final 
decision.

DATES: Comments and input regarding the proposal were requested from 
the public, other groups and agencies via direct mailing on August 16, 
2004. Additional comments may be made at the addresses below, and would 
be most helpful if submitted within thirty days of the publication of 
this notice. Based on the comments received and preliminary analysis, 
the Responsible Official has determined that an environmental impact 
statement will be prepared for this project. The draft environmental 
impact statement is expected in May 2007 and the final environmental 
impact statement is expected September 2007.

ADDRESSES: Send written comments and suggestions concerning this 
proposal to Mark Booth, District Ranger, Powder River Ranger District, 
Bighorn National Forest, 1415 Fort Street, Buffalo, Wyoming 82834.

FOR FURTHER INFORMATION CONTACT: Direct questions to Bernie Bornong, 
Interdisciplinary Team Leader, Bighorn National Forest, 2013 Eastside 
2nd Street, phone (307) 674-2600.

SUPPLEMENTARY INFORMATION: The allotments are located approximately 50 
miles, by road, northeast of Worland, Wyoming in the Bighorn River 
drainage. National Forest System land within the Bighorn National 
Forest will be considered in the proposal. The purpose of the analysis 
is to determine if livestock grazing will continue on the analysis 
area. If the decision is to continue livestock grazing, then updated 
management strategies

[[Page 14074]]

outlining how livestock will be grazed will be developed to assure 
implementation of Forest Plan management direction. The analysis will 
consider actions that continue to improve trends in vegetation, 
watershed conditions, and ecological sustainability relative to 
livestock grazing within the allotments. Management actions are 
proposed to be implemented beginning in the year 2008.
    The Bighorn National Forest Land and Resource Management Plan 
(Forest Plan) identifies livestock grazing as an appropriate use and 
makes initial determinations for lands capable and suitable for grazing 
by domestic livestock.
    Purpose and Need for Action: The purpose of this project is to 
determine if livestock grazing will continue to be authorized on the 
Battle Park and Mistymoon allotments, and if it is to continue, how to 
best utilize adaptive management strategies to maintain or achieve 
desired conditions and meet forest plan objectives. Livestock grazing 
is currently occurring on the Battle Park allotment under the existing 
allotment management plan (AMP) and through direction provided in the 
Annual Operating Instructions. The Mistymoon allotment is currently 
vacant. Continuation of livestock grazing will require reviewing 
existing management strategies and, if necessary, updating them to 
implement forest plan direction and meet Section 504 of Public Law 104-
19 (Rescission Bill, signed 7/27/95). The results of this analysis may 
require modifying term grazing permits and AMPs. Modifications will be 
documented in updated AMPs for the allotments.
    Existing conditions in the analysis area present opportunities for 
additional activities. An additional purpose of this project is to 
maintain or move toward desired conditions for sagebrush/grassland 
communities; specifically, to maintain a mosaic of vegetation 
composition and structure that emulates, or moves toward, natural 
processes. The need to provide a mosaic of sagebrush cover densities 
has been identified in the project area.
    Proposed Action: The proposed action is to continue livestock 
grazing using adaptive management strategies to meet or move toward 
Forest Plan and allotment-specific desired conditions. This includes 
changing livestock management strategies, constructing additional 
improvements (fences and water developments), and treating sagebrush. 
The Mistymoon allotment is currently vacant, and the proposed action is 
to combine the portion of this allotment that is determined to be 
suitable for cattle grazing with the Battle Park allotment.
    Possible Alternatives: Two additional alternatives have been 
identified to date: (a) Remove livestock grazing from these allotments, 
and (b) Continue current management strategies.
    Responsible Official: Mark Booth, District Ranger, Powder River 
Ranger District, Bighorn National Forest, 1415 Fort Street, Buffalo, 
Wyoming 82834.
    Nature of Decision to be Made: The Responsible Official will 
consider the results of the analysis and its findings and then document 
the final decision in a Record of Decision (ROD). The decision will 
determine whether or not to authorize livestock grazing on all, part, 
or none of the allotments, 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 in the defined timeframe.
    Scoping Process: Formal scoping for this project occurred in August 
2004. Since then, there has been correspondence and several meetings 
with individuals, permittees, State Agencies, environmental groups, and 
other interested people.
    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: March 14, 2007.
Mark Booth,
Powder River District Ranger.
[FR Doc. 07-1431 Filed 3-23-07; 8:45 am]
BILLING CODE 3410-11-M