[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Notices]
[Pages 71396-71398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28936]
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DEPARTMENT OF AGRICULTURE
Forest Service
Humboldt-Toiyabe National Forest; Nevada and California Greater
Sage Grouse Bi-State Distinct Population Segment Forest Plan Amendment
Environmental Impact Statement (EIS)
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an Environmental Impact Statement.
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SUMMARY: In compliance with the National Environmental Policy Act of
1969, as amended (NEPA), the Federal Land Policy and Management Act of
1976, as amended (FLPMA), and the Resources Planning Act of 1974, as
amended by the National Forest
[[Page 71397]]
Management Act 1976 (NFMA), the Forest Service (FS) intends to prepare
an Environmental Impact Statement (EIS) to amend the Toiyabe National
Forest Land and Resource Management Plan and the Carson City and Battle
Mountain Resource Management Plans. This notice is announcing the
beginning of the scoping process to solicit public comments and
identify issues. The FS is the lead agency on the EIS. The Bureau of
Land Management (BLM) is participating as a cooperating agency to
insure the NEPA can be used to adequately cover their RMP amendment.
This analysis will be the basis of three records of decision.
The development of this EIS will be coordinated across management
units of the Humboldt-Toiyabe National Forest, BLM Carson City
District, and BLM Battle Mountain District and include areas in western
Nevada and eastern California.
These management units include the Bridgeport Ranger District and
Carson Ranger Districts of the Humboldt-Toiyabe National Forest, BLM
Carson City and Battle Mountain Districts. These management units
include areas identified as habitat for the Greater Sage Grouse Bi-
State Distinct Population Segment.
DATES: Comments concerning the scope of the analysis must be received
by January 30, 2013. The EIS is expected June, 2013 and the final EIS
is expected September, 2013.
ADDRESSES: Send written comments to: James Winfrey, Humboldt-Toiyabe
National Forest 1200 Franklin Way, Sparks, NV 89523.
FOR FURTHER INFORMATION CONTACT: For further information and/or to have
your name added to our mailing list, contact James Winfrey, Humboldt-
Toiyabe National Forest, Project Manager, telephone (775) 355-5300;
address 1200 Franklin Way, Sparks, Nevada 88431; email
jwinfrey@fs.fed.us. Persons who use a telecommunications device for the
deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-
(800) 877-8339 to contact the above individual during normal business
hours. The FIRS is available 24 hours a day, 7 days a week, to leave a
message or question with the above individual. You will receive a reply
during normal business hours.
In all correspondence, please include your name, address, and
organization name if you are commenting as a representative of an
organization.
SUPPLEMENTARY INFORMATION: In March of 2010 the U.S. Fish and Wildlife
Service (FWS) published a ``warranted, but precluded'' Endangered
Species Act (ESA) listing petition decision for the Greater Sage grouse
Bi-State Distinct Population Segment (BS DPS). Inadequacy of regulatory
mechanisms was identified as a significant factor in the FWS finding on
the petition to list the BS DPS. The FWS concluded that existing
regulatory mechanism to protect sage grouse in the Bi-State area ``* *
* afford sufficient discretion to the decision makers as to render them
inadequate to ameliorate the threats to the Bi-State DPS''. The major
threat in regards to actions authorized on National Forest System and
Public Lands is habitat modification (Factor A). Habitat modification
on Federal lands includes threats from infrastructure (fences, power
lines, and roads), recreation, mining, energy development, grazing,
fire, invasive species, noxious weeds, pinyon-juniper encroachment, and
climate change.
Purpose and Need for Action
The purpose of the project is to conserve, enhance and/or restore
sagebrush and associated habitats to provide for the long-term
viability of the BS DPS.
The need for action is to address the recent ``warranted, but
precluded'' ESA decision from the FWS by addressing needed changes in
the management and conservation of BS DPS habitats within the Humboldt-
Toiyabe National Forest, BLM Carson City District, and BLM Battle
Mountain District to support sage grouse population management
objectives within the States of Nevada and California.
Proposed Action
The FS is proposing to amend the Toiyabe National Forest Land and
Resource Management Plan (TNF LRMP) and the BLM is proposing to amend
the Tonopah RMP and the Carson City Field Office Consolidated RMP by
adding to or changing some of the regulatory mechanisms that would
reduce, eliminate, or minimize threats to the BS DPS habitat on Federal
lands administered by the FS and the BLM under those plans. A planning
area map is provided in the scoping document (see Scoping Process).
The purpose of the public scoping process is to determine relevant
issues relating to the conservation of the BS DPS and its habitat that
will influence the scope of the environmental analysis, including
alternatives, and guide the process for developing the EIS. Based on
issues identified in the FWS decision on the petition listing for the
BS DPS, the proposed regulatory mechanisms would address the following
resource areas and resource uses on lands administered by the FS and
the BLM:
Recreation Management
Fire and Fuels Management
Rangeland Management
Wild Free Roaming Horses and Burros Management
Rights of Way Management
Specials Uses
Transportation System and Facilities Management
Minerals Management
[cir] Locatable
[cir] Fluid
[cir] Saleable
Habitat Restoration/Vegetation Management; and
Renewable Energy Development
The proposed regulatory mechanisms for these resource areas and
resource uses are identified in the scoping package (see Scoping
Process) and are listed and organized as in the current TNF LRMP with
the exception of Habitat Restoration/Vegetation Management and
Renewable Energy Developments which would be new resource areas.
The LRMP and RMP amendments will recognize valid existing rights.
Lands addressed in the LRMP and RMP amendments will be National Forest
System lands and Public Lands (including surface-estate split estate
lands) managed by the FS and BLM, respectively, in habitats of the BS
DPS. Any decisions in the LRMP and RMP amendments will apply only to
Federal lands administered by either the FS or the BLM. The LRMP and
RMP amendments will be limited to making land use planning decisions
specific to the conservation of habitats of the BS DPS.
As allowed at 36 CFR 219.17(b)(2), ``* * * with respect to plans
approved or revised under a prior planning regulation, including the
transition provisions of the reinstated 2000 rule (36 CFR part 219,
published at 36 CFR parts 200 to 299, revised as of July 1, 2010), plan
amendments may be initiated under the provisions of the prior planning
regulation for 3 years after May 9, 2012, and may be completed and
approved under those provisions * * *.''
As allowed at 36 CFR 219.17(b)(2), the responsible official has
opted to initiate and complete this proposed plan amendment consistent
with transition provisions of the reinstated 2000 rule. Determination
as to whether the amendment is significant or not significant will be
based on Forest Service direction at the time of the decision. Based on
current direction found in Forest Service Manual 1926.52,
[[Page 71398]]
the amendment is expected to be not significant.
Possible Alternatives
Under the No Action Alternative the TNF LRMP and BLM RMPs would not
be amended to incorporate new or change existing regulatory mechanisms.
There are no other alternatives to the proposed action identified at
this time.
Lead and Cooperating Agencies
The FS is the lead agency and the BLM is a cooperating agency. The
Forest has also invited the Walker River Paiute and Yerington Paiute
Tribes and the Bridgeport Indian Colony, Nevada BLM, the U.S. Fish and
Wildlife Service, Nevada Department of Wildlife, and Mono, Lyon,
Douglas, Alpine, Esmeralda, and Mineral Counties to be cooperating
Agencies. Federal, State, and local agencies, along with other
stakeholders that may be interested or affected by the FS's or BLM's
decision on this proposal are invited to participate in the scoping
process and, if eligible, may request or be requested by the FS to
participate as a cooperating agency.
Responsible Official
For the FS the responsible official is the Forest Supervisor,
Humboldt-Toiyabe National Forest 1200 Franklin Way, Spark Nevada 89431.
For the Department of Interior, BLM the responsible officials are:
The District Manager, Carson City District, 5665 Morgan Mill Road,
Carson City, NV 8970, and the District Manager, Battle Mountain
District, 50 Bastian Road, Battle Mountain, NV 89820.
Nature of Decision To Be Made
Based on the analysis conducted and represented in the EIS and
project record the FS responsible official will decide whether to amend
the TNF LRMP as described in the proposed action, as in one of the
alternatives to the proposed action, or by combining elements of the
proposed action and alternatives to create a decision that best meets
the purpose of conserving, enhancing and/or restoring sagebrush and
associated habitats to provide for the long-term viability of the BS
DPS and the need to improve the FS regulatory mechanisms. The FS
decision does not include a decision about the BLM RMPs. The BLM will
make its own decisions based on the EIS.
Scoping Process
Scoping begins upon publication of this notice in the Federal
Register and ends January 30, 2013. The scoping document is posted on
the Humboldt-Toiyabe National Forest public Web site at http://www.fs.usda.gov/projects/htnf/landmanagement/projects. During the
scoping period the Forest will solicit comments from interested parties
and the public. It is important that reviewers provide their comments
at such times and in such manner that they are useful to the agency's
preparation of the environmental impact statement. Therefore, comments
should be provided prior to the close of the comment period and should
clearly articulate the reviewer's concerns and contentions.
Comments received in response to this solicitation, including names
and addresses of those who comment, will be part of the public record
for this proposed action. Comments submitted anonymously will be
accepted and considered; however, anonymous comments will not provide
the FS with the ability to provide the respondent with subsequent
environmental documents. This proposal has been listed on the Humboldt-
Toiyabe National Forest Schedule of Proposed Actions since November
2012.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review
As required under 36 CFR 219.17(b)(2), this proposed plan amendment
is subject to the pre-decisional administrative review process
(``objection procedure'') set forth in 36 CFR 219 Subpart B. Only those
individuals and entities who have submitted substantive formal comments
related to the proposed plan amendment during opportunities for public
comment may file an objection. Objections must be based on previously
submitted substantive formal comments attributed to the objector,
unless the objection concerns an issue that arises after the
opportunities for formal comment (36 CFR 219.53). Comments are
considered substantive when they are within the scope of the proposal,
are specific to the proposal, have a direct relationship to the
proposal, and include supporting reasons for the responsible official
to consider (36 CFR 219.62). Formal comments received from an
authorized representative(s) of an entity are considered those of the
entity only. A member of an individual must submit substantive formal
comments independently to be eligible to file an objection in an
individual capacity (36 CFR 219.53(b)).
Substantive formal comments must be written comments submitted to,
or oral comments recorded by, the reponsible official or his designee
during an opportunity for public participation and attributed to the
individual or entity providing them (36 CFR 219.62). For this proposal,
the opportunities for public participation are the 45 day scoping
comment period announced by this Notice of Intent and the 90 day
comment period that begins when the Environmental Protection Agency
publishes the Notice of Availability of the draft EIS in the Federal
Register.
Dated: November 20, 2012.
William A. Dunkelberger,
Forest Supervisor, Humboldt-Toiyabe National Forest.
[FR Doc. 2012-28936 Filed 11-29-12; 8:45 am]
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