Dakota Prairie Grasslands; North Dakota; Dakota Prairie Grasslands Land and Resource Plan Amendment and Site Specific Projects for the Elkhorn Ranchlands, 58927-58929 [E8-23812]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices
Public Meeting
We are advising the public that we are
hosting a public meeting on
implementation of the amendments to
the Lacey Act on October 14, 2008, from
10 a.m. to 12 p.m. The meeting will be
held in the Jefferson Auditorium, South
Agriculture Building, U.S. Department
of Agriculture, 1400 Independence
Avenue, SW., Washington, DC.
Participants should enter the South
Agriculture Building through the 7th
wing entrance of the building located at
Independence Avenue and 14th Street.
Valid photo identification is required
for clearance by building security
personnel. Please arrive 30 minutes
prior to the scheduled start of the
meeting. The purpose of the meeting is
to provide the public with information
on the declaration requirements and
declaration enforcement phase-in plan,
enforcement of provisions that are
already in effect, scope, and other
related issues, as well as to provide the
public with an opportunity to ask
questions of the agencies involved in
the implementation of the declaration
requirements and enforcement of the
Act.
If you require special
accommodations, such as a sign
language interpreter, please contact the
person listed under FOR FURTHER
INFORMATION CONTACT.
Additional meetings are likely to be
held this winter near key port locations
in the United States. We will announce
the locations and dates of those
meetings in the Federal Register.
jlentini on PROD1PC65 with NOTICES
Additional Information
APHIS will provide the latest
information regarding the Lacey Act on
our Web site, https://
www.aphis.usda.gov. The Web site
currently contains the Lacey Act, as
amended; a Microsoft PowerPoint
presentation covering background and
context, new requirements,
commodities and products covered,
information on prohibitions, and the
current status of implementation of the
declaration requirements of the Lacey
Act; frequently asked questions; and the
phase-in implementation plan. The Web
site will be updated as new materials
become available. Persons interested in
receiving timely updates on APHIS’
Lacey Act efforts should register for our
stakeholder registry at https://
web01.aphis.usda.gov/
PPQStakeWeb2.nsf and select ’’Lacey
Act Declaration’’ as a topic of interest.
VerDate Aug<31>2005
18:10 Oct 07, 2008
Jkt 217001
Done in Washington, DC, this 3rd day of
October 2008.
Cindy J. Smith,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. E8–23984 Filed 10–7–08; 8:45 am]
BILLING CODE 3410–34–P
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
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
ACTION:
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: https://www.fs.fed.us/r1/
dakotaprairie/ and https://www.fs.fed.us/
ngp.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
58927
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 sitespecific 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-dakotaprairie@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
E:\FR\FM\08OCN1.SGM
08OCN1
58928
Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices
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.
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: https://www.fs.fed.us/r1/
dakotaprairie/.
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.
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
DPG Plan Amendment Proposal
Responsible Official
David M. Pieper, Grasslands
Supervisor, Dakota Prairie Grasslands,
240 W. Century Avenue, Bismarck,
North Dakota 58503.
jlentini on PROD1PC65 with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
18:10 Oct 07, 2008
Jkt 217001
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
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
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.
Nature of Decision To Be Made
The Forest Service will decide what
the management direction will be for
E:\FR\FM\08OCN1.SGM
08OCN1
Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices
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 sitespecific project proposals for the project
area.
jlentini on PROD1PC65 with NOTICES
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 sitespecific 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.
VerDate Aug<31>2005
18:10 Oct 07, 2008
Jkt 217001
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 90day 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 submitted anonymously will
be accepted and considered; however,
those who submit anonymous
comments will not have standing to
appeal the subsequent decisions under
36 CFR parts 215 (site specific
decisions) or 217 (LRMP amendment
decisions).
Additionally, pursuant to 7 CR 1.27
(d), any person may request the agency
to withhold a submission from the
public record by showing how the FOIA
(Freedom of Information Act) permits
such confidentiality. Confidentiality
may be granted in only very limited
circumstances, such as to protect trade
secrets.
The Forest Service will inform the
requester of the agency’s decision
regarding the request for confidentiality
and where the request is denied; the
agency will return the submission and
notify the requester that the comments
may be resubmitted with or without
name and address within 90 days.
Authority: 40 CFR 1501.7 and 1508.22;
Forest Service Handbook 1909.15, Section
21.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
58929
Dated: October 2, 2008.
David M. Pieper,
Grasslands Supervisor.
[FR Doc. E8–23812 Filed 10–7–08; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
National Urban and Community
Forestry Advisory Council
Forest Service, USDA.
Preannouncement of 2009
Urban and Community Forestry Grant
Process.
AGENCY:
ACTION:
SUMMARY: The National Urban and
Community Foresty Advisory Council,
(NUCFAC), is charged, by law, to
provide recommendations to the
Secretary of Agriculture on urban
forestry related issues and
opportunities. Part of the Council’s role
is to recommend the criteria for the U.S.
Forest Service’s Urban and Community
Forestry, (U&CF) Challenge Cost Share
Grant Program.
NUCFAC is revising their criteria for
the U.S. Forest Service’s U&CF
Challenge Cost Share Grant Program for
2009. The new U&CF Challenge Cost
Share Grant Program is designed to
reflect this change, and implement new
procedures that reduce the paperwork
burden on potential grantees. Grants for
2009 will be solicited in two categories:
Innovation Grants
NUCFAC anticipates recommending a
small number of significant grants
intended to address, on a national or
regional level, the highest priority issues
confronting the UC&F community.
NUCFAC will seek proposals from
organizations and partnerships that
demonstrate the reach, resources and
expertise needed to deliver meaningful,
replicable results. As much as $500,000
would be available in 2009 for one or
more Innovation Grants.
NUCFAC is in the process of
identifying priority issues that might be
addressed through Innovation Grants in
2009. Please forward any suggestions to
Nancy Stremple, nstremple@fs.fed.us by
close of business, (C.O.B.), October 30,
2008.
2009 Best Practices Grants
Smaller grants up to $50,000 for
organizations that can implement,
demonstrate, and disseminate replicable
approaches to:
• Recruit advocates for urban forestry;
• Make best practices/latest science
in urban forestry accessible to
practitioners;
E:\FR\FM\08OCN1.SGM
08OCN1
]]>Agencies
[Federal Register Volume 73, Number 196 (Wednesday, October 8, 2008)]
[Notices]
[Pages 58927-58929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23812]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://www.fs.fed.us/r1/dakotaprairie/ and
https://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
[[Page 58928]]
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:
https://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
[[Page 58929]]
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 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 submitted
anonymously will be accepted and considered; however, those who submit
anonymous comments will not have standing to appeal the subsequent
decisions under 36 CFR parts 215 (site specific decisions) or 217 (LRMP
amendment decisions).
Additionally, pursuant to 7 CR 1.27 (d), any person may request the
agency to withhold a submission from the public record by showing how
the FOIA (Freedom of Information Act) permits such confidentiality.
Confidentiality may be granted in only very limited circumstances, such
as to protect trade secrets.
The Forest Service will inform the requester of the agency's
decision regarding the request for confidentiality and where the
request is denied; the agency will return the submission and notify the
requester that the comments may be resubmitted with or without name and
address within 90 days.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21.
Dated: October 2, 2008.
David M. Pieper,
Grasslands Supervisor.
[FR Doc. E8-23812 Filed 10-7-08; 8:45 am]
BILLING CODE 3410-11-P
