[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Pages 33989-33990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16473]


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DEPARTMENT OF AGRICULTURE

Forest Service


Norbeck Wildlife Project; Hell Canyon Ranger District; Black 
Hills National Forest Custer, SD

AGENCY: Forest Service, USDA.

ACTION: Revised notice of intent to prepare an Environmental Impact 
Statement (EIS).

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SUMMARY: The Hell Canyon Ranger District of the Black Hills National 
Forest (BHNF) is preparing an Environmental Impact Statement (EIS) for 
a proposal to implement multiple resource management actions within the 
Norbeck Wildlife Preserve (Norbeck) project area as directed by the 
Norbeck Organic Act and the Black Hills National Forest Land and 
Resource Management Plan. Since the original NOl was published, the 
proposed action has been modified to no longer include prescribed 
burning within the Black Elk Wilderness, and two additional action 
alternatives have been developed. The No Action alternative, which is 
also being considered, would not authorize habitat improvements of any 
type within the project area. This revised Notice of Intent is being 
issued to provide updated information on this project, including the 
proposal, timing, and contact information.

DATES: The original NOI for the Norbeck project was published July 31, 
2007 (72 FR 41703). The dates of expected availability of environmental 
documents have changed since that Notice. The draft environmental 
impact statement is now expected to be available in September 2009 and 
the final environmental impact statement is expected to be completed by 
December 2009.

FOR FURTHER INFORMATION CONTACT: Kelly Honors, Project Leader, Black 
Hills National Forest, Hell Canyon Ranger District, 330 Mount Rushmore 
Road, Custer, South Dakota 57730 or by phone at (605) 673-4853.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The purpose for action in the Norbeck project area has not changed, 
and is to benefit ``game animals and birds'' by improving habitat 
conditions within the Norbeck Wildlife Preserve, and to reduce the 
risks and consequences of a wildfire escaping from the wilderness. The 
EIS will describe current conditions and analyze environmental 
consequences of proposed actions. This information will assist the 
decision-maker in selecting management and monitoring strategies to 
meet desired conditions, such as the goals and objectives outlined for 
Management Area 5.4A, Norbeck Wildlife Preserve, Management Area 4.2B, 
Peter Norbeck Scenci Byway and Management Area 1.1A, Black Elk 
Wilderness.
    The Forest Service seeks to provide high quality habitat for ``game 
animals and birds'' in accordance with the Norbeck Organic Act of June 
5, 1920 and the Black Hills National Forest (BHNF) Land and Resource 
Management Plan (LRMP). A Focus Species List was prepared through 
coordination between USDA Forest Service personnel and South Dakota

[[Page 33990]]

Game, Fish and Parks personnel (Griebel, Bums, Deisch, 2007), and is 
now an amendment to the BHNF LRMP. The following species are included 
on this list, and were used to guide habitat management objectives for 
the Norbeck project: mountain goat, bighorn sheep, elk, white-tailed 
deer, Merriam's turkey, mountain bluebird, golden-crowned kinglet, 
brown creeper, ruffed grouse, song sparrow, northern goshawk and black-
backed woodpecker.

Proposed Action

    The Norbeck project proposed action includes the following 
management actions:
    Managing vegetation on approximately 6,000 acres mechanically and 
by prescribed burning to improve habitat for game animals and birds 
within the Norbeck Wildlife Preserve.

Information on Issues and Additional Alternatives

    Issues associated with the Norbeck project, as identified through 
scoping, include: wilderness values, wildlife and wildlife habitat, 
large trees, mountain pine beetle effects on wildlife habitat and 
potential for escaped fire. The two additional action alternatives 
include vegetation treatments to improve wildlife habitat, and also 
include prescribed burning within the Black Elk Wilderness.

Responsible Official

    Mr. Lynn D. Kolund, Hell Canyon District Ranger, Black Hills 
National Forest, 330 Mount Rushmore Road, Custer, SD 57730.

Nature of Decision To Be Made

    After reviewing the environmental analysis and considering public 
comment, the District Ranger will reach a decision that is in accord 
with the purpose and need for the project. The decision will include, 
but not be limited to:
    (I) Whether or not to undertake vegetation treatments to improve 
habitat conditions within Norbeck Wildlife Preserve for game animals 
and birds, and
    (2) What actions are appropriate, and under what conditions would 
actions take place.
    Early Notice about Importance of Public Participation in Subsequent 
Environmental Review: A draft environmental impact statement is 
expected to be available for public review in September 2009. 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 that 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 comments 
and objections are made available to the Forest Service at a time when 
they 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, comments on the draft 
environmental impact statement should be as specific as possible. 
Please 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 6, 2009.
David Thom,
Acting Deputy Forest Supervisor Black Hills National Forest.
 [FR Doc. E9-16473 Filed 7-13-09; 8:45 am]
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