FINAL ENVIRONMENTAL IMPACT STATEMENT AND LAND AND RESOURCE MANAGEMENT PLAN Record of Decision NEBRASKA AND SAMUEL R. MCKELVIE NATIONAL FORESTS, OGLALA, BUFFALO GAP, AND FORT PIERRE NATIONAL GRASSLANDS July 31, 2002 Lead Agency: U.S. Department of Agriculture Forest Service Rocky Mountain Region Responsible Official: Rick D. Cables Regional Forester Rocky Mountain Region Recommending Official: Donald J. Bright Forest Supervisor Nebraska and Samuel R. McKelvie National Forests Oglala, Buffalo Gap, and Fort Pierre National Grasslands Located within Dawes, Sioux, Blaine, Cherry, Thomas Counties, Nebraska And Custer, Fall River, Jackson, Pennington, Shannon, Hughes, Jones, Lyman, Stanley Counties, South Dakota This document presents the decision regarding the selection of a Revised Land and Resource Management Plan for the Nebraska and Samuel R. McKelvie National Forests, Oglala, Buffalo Gap, and Fort Pierre National Grasslands. It summarizes the reasons for choosing the Selected Alternative as the basis for the Revised Forest and Grassland Plan, which will be followed for the next 10 to 15 years. The long-term environmental consequences contained in the Final Environmental Impact Statement are considered in this decision. The United States Department of Agriculture (USDA) Forest Service prohibits discrimination in its programs on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, and marital or familial status (not all prohibited bases apply to all programs). Persons with disabilities who require alternative means of 1 communication of program information (Braille, large print, audiotape, etc.) should contact the USDA office of Communications at (202) 720-2791. To file a complaint, write the Secretary of Agriculture, U.S. Department of Agriculture, Washington, D.C., 202509410, or call 1-800245-6340 or (202) 720-5964. USDA is an equal opportunity employer. Explanation of Acreages and Data Sources The information in the tables, figures, and maps in the following document were generated from a variety of sources, including several different Geographical Information System (GIS) software platforms, tabular databases, and data from a variety of models used in the planning analysis. The acreage figures from the various sources do not match exactly in all cases. However, when added, acres of the National Forest System lands (regardless of the source) are within acceptable margins of error. 2 Table of Contents SUMMARY OF THE DECISION ..............................................................................................................................4 My Decision .......................................................................................................................................................4 Technical Review Committee..........................................................................................................................5 Rationale for My Decision ...............................................................................................................................5 Additional Reasons for the Selection of Alternative 3 Final .....................................................................11 BEST AVAILABLE SCIENCE .................................................................................................................................12 CHANGES BETWEEN DRAFT EIS AND FINAL EIS ........................................................................................13 Planning Direction ..........................................................................................................................................13 Travel Management........................................................................................................................................14 Roadless Area Conservation Rule ................................................................................................................14 Transportation Rule and Policy ....................................................................................................................16 Oil and Gas Stipulations ................................................................................................................................17 Vegetative Composition and Structure........................................................................................................17 Additional Management Direction and Additional Standards and Guidelines for Species at Risk...17 Indian Creek Management Area Allocation Changed from Special Interest Area to Recommended for Wilderness Area ........................................................................................................................................18 CHANGES BETWEEN FINAL EIS AND ROD ....................................................................................................18 COMPONENTS OF THE DECISION ....................................................................................................................19 Component 1. Establishment of Forest and Grassland-wide Multiple-Use Goals and Objectives. ...20 Component 2. Establishment of Forest and Grassland-wide Standards and Guidelines....................21 Component 3. Establishment of Management Area Direction (Management Area Direction and Associated Standards and Guidelines) for 15 Management Areas..........................................................22 Component 4. Determination of Lands Suitable for Livestock Grazing and Browsing and Habitat for Management Indicator Species. Identification of Lands Available for Oil and Gas Leasing. Provision for a Broad Spectrum of Rangeland Related Outdoor Recreation Opportunities. ..............28 Component 5. Establishment of Requirements for Monitoring and Evaluating the Implementation of the Revised Plan to Meet the Requirements of 36 CFR 219.11(d)........................................................29 Component 6. Recommendations Regarding Additions to the Wilderness Preservation System, and Other Special Designations............................................................................................................................30 PUBLIC INVOLVEMENT .......................................................................................................................................31 COMMENTS SUBMITTED BY THE PUBLIC ......................................................................................................32 Prairie Dogs .....................................................................................................................................................32 Motorized Access for Administrative Purposes.........................................................................................32 Travel Management........................................................................................................................................33 Economic Impacts and Changes ...................................................................................................................33 ALTERNATIVES CONSIDERED ...........................................................................................................................33 General Description and Comparison of the Alternatives........................................................................34 Alternatives Considered but Eliminated from Detailed Study ................................................................38 IDENTIFICATION OF THE ENVIRONMENTALLY PREFERRED ALTERNATIVE....................................39 FINDINGS REQUIRED BY OTHER LAWS ..........................................................................................................40 IMPLEMENTATION................................................................................................................................................41 POTENTIAL FOR AMENDMENTS TO THE REVISED PLAN.........................................................................43 APPEAL OPPORTUNITIES ....................................................................................................................................44 CONCLUSION..........................................................................................................................................................45 3 SUMMARY OF THE DECISION My Decision I have selected Alternative 3 Final as described in the Final Environmental Impact Statement (FEIS), but with modifications as described in the addendum and errata for the following units administered by the Nebraska National Forest: the Nebraska and Samuel R. McKelvie National Forests and the Oglala, Buffalo Gap, and Fort Pierre National Grasslands. By selecting Alternative 3 Final, I am approving the Revised Land and Resource Management Plan (Revised Plan) but with modifications as described in the addendum and errata, that describes in detail the goals and objectives, standards and guidelines, management area direction, monitoring, and recommendations for wilderness and other special areas for Alternative 3 Final. My decision provides programmatic direction for sustaining healthy forest and grassland conditions. Goals and objectives are based on the 2000 Forest Service Government Performance Results Act (GPRA) Strategic Plan. Standards and guidelines ensure that resources are managed in a sustainable manner. I am recommending two wilderness areas, Indian Creek and Red Shirt, located on the Buffalo Gap National Grassland to Congress. These two areas are 38,710 acres. The existing Soldier Creek Wilderness is 7,810 acres. Besides areas recommended for wilderness, I am allocating an additional 20,400 acres as backcountry non-motorized recreation areas. I am allocating 30,280 acres as Special Interest Areas and 6,740 acres as Research Natural Areas. I have decided to make 187,390 acres of the Oglala and Buffalo Gap National Grassland administratively available for oil and gas leasing. Immediately after this decision, the Forest Supervisor will make the leasing decision for specific lands [36 CFR 228.102(e)] and authorize the Bureau of Land Management (BLM) to offer these lands for lease. I have determined that 969,860 acres are suitable for livestock grazing. The effective management of grazing allotments will occur through the development of individual allotment management plans. The largest management area is 6.1 Rangeland and Broad Resource Emphasis, a total of 698,350 acres. Forestwide direction provides for species viability and protection of special areas and habitats. In addition, I am allocating 104,030 acres to MA 3.63 Black-footed Ferret Reintroduction Habitat, 104,785 acres to MA 3.64 Special Plant and Wildlife Habitats and 5,650 acres to MA 3.51 Bighorn Sheep Habitat. This Revised Plan and FEIS are programmatic and represent a management strategy for the Nebraska and Samuel R. McKelvie National Forests and the Oglala, Buffalo Gap, and Fort Pierre National Grasslands. The Revised Plan does not include site-specific 4 decisions. Rather, it provides overall systematic guidance and establishes management direction to govern future actions. As provided in 36 CFR 219.10(g), this decision will remain in effect until the Plan is again amended or revised according to applicable NFMA regulations. The flexibility and adaptability of this Plan to changing conditions is an important element of my decision. We will amend this plan as circumstances warrant. Technical Review Committee Through this planning process the Forest Service has estimated the effects of implementing the Revised Plan. There has been much discussion and disagreement among groups, individuals and agencies related to the perceived uncertainty of effects from implementing the revised standards and guidelines. In an attempt to remedy this situation, I will develop a Memorandum of Understanding immediately upon signing of this Record of Decision with the State of South Dakota, and, if requested, with the State of Nebraska, to establish an independent, scientific technical review committee. I will appoint the members of the committee in consultation with the Governors of each state and in accordance with all applicable federal law, including the Federal Advisory Committee Act. This Committee will be composed of one (1) person representing each of the following agencies: 1) a Natural Resource Conservation Service representative or a local Conservation District representative from each state, 2) a State Department of Agriculture representative from each state, 3) South Dakota Department of Game, Fish and Parks, 4) Nebraska Game and Parks Commission, and 5) U.S. Forest Service. The purpose of this committee is to monitor and evaluate the implementation of the standards and guidelines in the Revised Plan. Each member of the committee shall provide their totally independent, scientific view and conclusions in determining if the actual effects from the implementation of the standards and guidelines are similar to those projected in the FEIS. Following a period of two years after the date of implementation of the Revised Plan, the committee will issue an initial report of their independent findings. This information will be used, along with other internal and external information to properly modify the plan if necessary through amendment procedures as provided for by regulation. The goal for this monitoring and evaluation during the first two-year to four-year period of implementation is to provide an adaptive management approach by acquiring appropriate data to make changes and/or evaluate the effectiveness of changes made to the Plan. These steps will be taken in addition to the annual evaluation process. Rationale for My Decision I selected Alternative 3 Final because the strategic guidance it establishes best matches the direction I believe needs to be implemented on these public lands. The revision topics represent the significant issues examined in this management plan revision. Revision topics are: 5 1. 2. 3. 4. 5. 6. 7. Community and lifestyle relationships Livestock grazing Oil and gas leasing Plant and animal damage control Rangeland and forest health Recreation and travel management Special area designations Each alternative evaluated in the FEIS addresses these revision topics in a different way. From these revision topics, I developed five priorities or decision criteria to aid in making my decision. The priorities emerged from the revision topics with which we began the planning process on the Nebraska National Forest. These priorities are: 1. Ensuring the long-term health of grasslands and forests 2. Maintaining and enhancing the viability of native plant and animal species and contributing to the recovery of threatened and endangered species 3. Contributing to the economic diversity of neighboring communities by implementing a variety of natural resource programs that provide a sustainable output of multiple uses 4. Protecting special areas and unique resources 5. Diversifying grassland and forest recreation opportunities Following is how I considered each of the criteria in my decision. Ensuring The Long-Term Health Of Grasslands And Forests This priority encompasses all of the revision topics, but in particular, rangeland and forest health. It entails protecting soil, air, and water resources while maintaining the diversity and productivity of forest and grassland vegetation. It includes maintaining the sustainability of ecosystem characteristics and the quality of watershed functions and conditions. Control and management of noxious weeds and non-native invasive plants are also part of this priority, as is the management of the forested areas on the Nebraska and Samuel R. McKelvie National Forest. Without healthy ecosystems, we cannot sustain the values currently offered by these public lands. I looked at the standard and guidelines in the revised Plan, the mix of management area direction, and the environmental consequences disclosed in the FEIS to see how each alternative responded to issues such as forest and grassland health, biological diversity, wildlife habitat suitability, species at risk, noxious weeds and invasive species, RNA’s, and riparian and watershed health. I conclude that ensuring long-term health of the land requires a balance between active management of ecosystems through livestock grazing and prescribed burning, and a more passive approach where natural processes have more influence on ecosystems and their functions. I believe that Alternative 3 Final provides that balance. This is compared to Alternative 2 that is commodity oriented and emphasizes goods and services, Alternative 4 that accentuates restoration of impaired 6 ecosystems and places more of an emphasis on naturally functioning processes, and Alternative 5 that places an emphasis on non-commodity uses. Maintaining And Enhancing The Viability Of Native Plant And Animal Species and Contributing to the Recovery of Threatened and Endangered Species This priority encompasses revision topics 2, 4, 5, and 7. Biological diversity is defined as the full variety of life in an area, including the ecosystems, plant and animal communities, species and genes, and the processes through which individual organisms interact with one another and with their environments. People are asking that the national grasslands and forests play an increasing role in conserving biodiversity on the Great Plains. Maintaining biological diversity and providing for the viability of species requires management direction that protects habitats for threatened, endangered, sensitive, and management indicator species, as well as provides habitats for other fish, wildlife, and rare plants. An assumption must also be made that there is a presence of threatened and endangered species in potential and suitable habitat. Species protected under the Endangered Species Act that occur on these lands include bald eagle (threatened) and American burying beetle (endangered). In addition, whooping cranes (endangered) are occasionally observed during migration on or near these lands, and two additional species, blowout penstemon (endangered) and the black-footed ferret (endangered) have been reintroduced to suitable habitats on these areas. The blacktailed prairie dog is now listed as a candidate for protection under the Endangered Species Act, and recent surveys indicate approximately 15,000 acres of active prairie dog colonies on these public lands. An additional 26 species that are currently classified as sensitive in Region 2 of the Forest Service are known to occur on these areas. Providing for the viability of these species requires management direction that ensures the protection of habitats and populations on these public lands. It is imperative to me that my decision addresses this. Forest Service biologists and botanists evaluated the effects of land and resource management direction prescribed in Alternative 3 Final on plant and animal species determined as sensitive by Region 2 of the Forest Service. They determined implementation of this alternative may adversely impact individuals, but is not likely to result in a loss of viability on the planning area, nor cause a trend to federal listing or a loss of species viability. In fact, these public lands can and do play a beneficial role in conserving these species and their habitats. The U.S. Fish and Wildlife Service concurred with the determinations made by Forest Service biologists and botanists that land and resource management prescribed in Alternative 3 Final is not likely to adversely affect any threatened and endangered plant or animal species and is not likely to jeopardize the continued existence or adversely modify proposed critical habitat on any species proposed for listing under the Endangered Species Act. There is currently a shortage of quality sites to help meet the recovery objectives outlined in the National Recovery Plan for the endangered black-footed ferret. Under Alternative 3 Final, the Conata Basin Management Area 3.63 (black-footed ferret 7 reintroduction habitat) is expanded to approximately 78,720 acres, and a new 25,310-acre area on the Buffalo Gap National Grassland is allocated as Management Area 3.63 habitat for future reintroductions. Alternative 2 would only allocate 61,510 acres in a Management Area 3.63 and Alternative 5 would only allocate 86,780 acres in a Management Area 3.63. Direction is also included in Alternative 3 Final to establish new populations of the endangered blowout penstemon on the Nebraska and Samuel R. McKelvie National Forests to assist in meeting recovery objectives identified in the National Recovery Plan. The black-tailed prairie dog is also a species that has been determined by the Fish and Wildlife Service to be “warranted, but precluded” from listing as a threatened species. Plan direction in Chapters 1 and 2 provide for expansion of prairie dog habitat and restrictions on poisoning and other activities to enhance the expansion of prairie dog colony complexes. Furthermore, land exchanges in intermingled landownership areas will be pursued where prairie dog expansion is desired and where we want to reduce conflicts with private landowners. The Biological Assessment and Biological Evaluation recommended conservation measures for many additional species at risk. These conservation measures were brought forward in Plan objectives, standards, and guidelines in Chapters 1, 2, and 3. In addition, Chapter 4 addresses monitoring needed to ensure the implementation and effectiveness of Plan direction regarding these species. We recognize the progress that has already been made on the national forests and grasslands, with the assistance and partnership of many cooperators and permittees, to conserve biodiversity; but we also recognize the increasing role these lands play in meeting local, regional, and national conservation goals and objectives. I chose Alternative 3 Final because the overall intent of the management direction it embodies is to enhance the vegetative diversity of grasslands and forests and to maintain diverse habitats using a wide array of vegetation management tools, such as grazing, prescribed fire, and rest from grazing. Vegetation and habitat management direction within the Revised Plan is intended to provide ecological conditions that contribute to the continued viability of all species, including threatened, endangered, sensitive and management indicator species. Contributing To The Economic Diversity Of Neighboring Communities By Implementing A Variety Of Natural Resource Programs That Provide A Sustainable Output Of Multiple Uses This priority encompasses revision topics 1, 2, 3, and 6. To have sustainable communities, we must ensure a sustainable flow of resources and services. By sustainable, I mean providing outputs of renewable resources and high quality experiences in perpetuity without impairing the productivity of the land. People value these public lands for many different reasons. Some depend upon them for their livelihood; others value the recreational opportunities and scenery and solitude they provide. Some specific uses that people expect from these public lands include livestock grazing, mineral development, wilderness, wildlife habitats, special uses, water, and a 8 variety of recreational opportunities. I choose to focus on the concept of balance among the various uses. The Forest Service has an interdependent relationship with local communities. Many individuals who live in and near the Forests and Grasslands rely on them for economic opportunities and for other values, such as scenery, solitude, and recreational opportunities, that contributes to a cherished way of life. Alternative 3 Final identifies 969,860 acres suitable for livestock grazing, identifies 187,390 acres as available for oil and gas leasing, identifies 39,800 acres suitable for timber harvest, and, provides opportunities for a wide range of recreational pursuits. Alternative 2 emphasizes resource production within the limits of ecosystem sustainability, but the goals for biological diversity would be achieved at a slower rate than the other alternatives. The goals for biological diversity associated with natural processes in Alternative 4 are emphasized over goals and objectives oriented toward economic values. Alternative 5 emphasizes recreation opportunities, with more intensive management in areas that have been actively managed in the past with little emphasis on commodity products. Being a good neighbor to local communities means being mindful of these values and relationships in making this decision and when implementing this plan. As part of being a good neighbor, we will implement management practices such as livestock grazing, land exchange and prescribe fire that will likely contribute to the increase of prairie dog populations and to reduce conflicts with adjacent landowners. So as to not place a disproportionate share of prairie dogs on national forest system lands, I will work with the states of Nebraska and South Dakota in the preparation of the State-wide prairie dog conservation plans, pursuant to 36 CFR 219.7. I intend to implement the State-wide conservation plans for Nebraska and South Dakota to the extent allowable by law and policy in providing direction for the control of unwanted colonization of the prairie dog onto private lands. Should the State-wide conservation plans conflict with provisions of this plan, I will propose an amendment to make the plan consistent with those plans. Thus the Nebraska National Forest will continue to provide the goods and services needed by our society from which local businesses can continue to prosper. I selected Alternative 3 Final because it provides outputs of renewable resources and high quality experiences without impairing productivity of the land. Because this alternative focuses on sustaining the health and productivity of grasslands and forests, it ensures that we will continue to provide sustainable outputs and sustainable multiple uses. And for the first time, we will have formal management direction focused on the unique needs of people living in the wildland-urban interface. Protecting Special Areas And Unique Resources This priority relates to revision topic 7. These public lands offer many scenic landscapes, historic and cultural properties, geologically and paleontologically significant areas, roadless areas that provide opportunities for solitude, and special plant and wildlife habitats. Management area designations and direction for wilderness areas, backcountry non-motorized areas, special interest areas, and research natural areas will 9 protect the characteristics and resources that make these areas “special” for future, as well as current, generations. I chose Alternative 3 Final because it offers greater protection of scenic landscapes, historic and cultural properties, geologically and paleontologically significant areas, roadless areas that provide opportunities for solitude, and special plant and wildlife habitats than we have had before. Management direction such as the two recommended wilderness areas, two backcountry recreation non-motorized areas, 13 Special Interest Areas, 5 Research Natural Areas, 5,600 acres of Bighorn Sheep Habitat and 104,780 acres of Special Plant and Wildlife Habitat will protect these special areas to ensure their continued use and enjoyment by future as well as existing generations. Additionally, providing for no new road construction on Steer Creek West (McKelvie National Forest) and Toadstool Geologic Park SIA (Oglala National Grassland) protects the unique character of these two areas. Alternatives 2 and 4 allocate less acres as Special Interest Areas, Research Natural Areas Special Plant and Wildlife Habitat than Alternative 3 Final. Alternative 5 allocates less acres as Research Natural Areas and Special Plant and Wildlife Habitat than Alternative 3 Final. Diversifying Grassland And Forest Recreation Opportunities This priority relates to revision topic 6. The demand for recreational opportunities on public lands in the prairie ecosystem is increasing dramatically. While these public lands already provide a myriad of dispersed recreation opportunities, both developed and dispersed recreation opportunities are below their potential. People are seeking a diversity of recreation experiences in motorized and non-motorized settings. Alternative 3 Final provides a wide range of recreational settings and opportunities for people. The broad range of management direction provides for a myriad of dispersed recreation opportunities. This was a key factor in my decision. Alternative 3 Final provides for vegetation, watershed, and woody draw management that will enhance habitat for huntable and watchable populations of wildlife and aquatic habitats for fish populations and waterfowl production. Geographic Area recreation objectives found in Plan Chapter 2 explain our desires to provide for more quality recreation facilities such as picnic areas, campgrounds, trailheads, trails, wildlife viewing facilities, and for improved interpretation. Alternative 3 Final Management direction provide for a variety of recreational settings: wilderness, recommended wilderness, and backcountry recreation non-motorized areas that provide for solitude and spectacular natural-appearing scenery in a non-motorized environment; special interest areas that provide for educational and interpretive opportunities concerning our natural and cultural history; rangelands with broad resource emphasis that provide for a wide range of developed and dispersed recreation 10 opportunities in a motorized setting; and Dispersed Recreation; High Use areas such as Merritt Reservoir on the Samuel R. McKelvie National Forests and Railroad Buttes ORV area on the Buffalo Gap National Grassland. Alternative 2 provides for no Recommended for Wilderness areas where Alternative 4 provides the most areas. Alternative 5 provides the most acres allocated as Backcountry Recreation Nonmotorized, and Alternative 4 provides for the fewest acres. Additional Reasons for the Selection of Alternative 3 Final This Plan Revision evolved around the recognition that management of prairie ecosystems to produce goods and services requires awareness and consideration of the interrelationships among humans, animals, soil, water, air, vegetation and other environmental factors within the ecosystems. The alternatives were developed and analyzed based on the interaction between the revision topics and the information in the FEIS. I chose Alternative 3 Final because of the balance it provides while ensuring that the Nebraska National Forest maintains its contributions to the prairie ecosystems of the northern Great Plains, and while honoring the interdependence between the Forest Service, other agencies, local governments, and local, regional, and national economies. The goals, objectives, standards and guidelines, geographic area direction, and management area direction contained in the selected alternative reflect this relative balance by safeguarding the integrity of ecological processes while providing for multiple uses and benefits. Alternative 3 Final will best address the revision topics and the five priorities I developed using them. It is responsive to both the needs and desires of those who live in or near these forests and grasslands and the wishes of those who live elsewhere. Alternatives 3 Draft, 3 Final, 4 and comply with law, regulation and policy. (Alternatives 1 and 2 had a “likely to adverse affect” determination for black-footed ferret.) I did not pick an alternative that maximized or minimized any particular element because I think it is important to strike a relative balance between these priorities. However, the most important part of my decision was ensuring the long-term health of the land for the enjoyment of present and future generations. I selected Alternative 3 Final in part because of the manner in which it will achieve the Forest and Grassland goals and objectives. Alternative 3 Final strikes a realistic balance between protecting and maintaining ecosystem integrity through natural processes and offering uses, goods, and services through active management. This is something the Nebraska National Forest has long been known for. One of my priorities in making this decision is to continue this balance. Forest and Grassland goals and objectives are listed in Chapter 1-3 of the Revised Plan in accordance with the planning regulations at 36 CFR 219.11(b). Many comments were received throughout the planning process and during the comment period. Alternative 3 Final reflects consideration of these comments and other less formal interactions with the public and other government and tribal spokespeople. Therefore, it is a logical outgrowth of our analysis and public involvement efforts. I 11 know that selecting Alternative 3 Final is not likely to completely satisfy every group or individual. However, I feel that Alternative 3 Final sets a reasonable course that gives most people some satisfaction while providing future opportunities to participate in plan implementation. The selection of Alternative 3 Final meets all statutory and legal requirements and adheres to applicable policies and Manual and Handbook direction governing plan development and the management of National Forests and Grasslands. Adherence to these laws, policies, and direction ensures protection of the basic resources (air, soil, and water). Issues, concerns and comments on the DEIS and proposed Revised Plan received particular consideration in the decision-making process. The environmental consequences of the Revised Plan and the other alternatives have been studied thoroughly. Alternatives are described and compared in Chapter 2 of the FEIS. Environmental Consequences are discussed in Chapter 3. Economic analysis was also performed on each alternative. This analysis showed that Alternative 3 Final does not have the highest Present Net Value (PNV). However, I am confident that Alternative 3 Final ranks highest in terms of net public benefits. As explained in the FEIS, net public benefits are more than just PNV. There are many outputs and effects (biological diversity, visual amenities, watershed health, etc.) that are difficult to quantify. These other factors must be taken into consideration in selecting the alternative with the highest net public benefits. Alternative 3 Final does the best job at balancing the trade-offs for competing uses, values, costs, and outputs, and therefore produces the highest net public benefits. BEST AVAILABLE SCIENCE The application of science is a factor in my decision. There are many facets to consider. One is the use of biological science as it applies to the management of National Forests and Grasslands. Another is the application of social science, since people are an integral part of ecosystems. Science does not always provide clear answers to complex resource management topics, but it does give insight into the effects of management decisions and actions. These scientific findings are displayed in the FEIS. In integrating the biological and social sciences, I considered the following: • • • • • 12 The role of the Nebraska National Forest in the greater ecological province and sections. The role of fire, insects, and disease in ecosystem dynamics. Access to the Forests and Grasslands and to the facilities available to the public. The plans, goals, and policies of other government agencies (local, state, and national) and Indian Tribes. The role the Nebraska National Forest plays in local, regional, and national economies. • • The scientific literature and its application in the analysis of the alternatives. The inter-dependent relationship between the Forest Service and other agencies and landowners. The scientific community played a large role in facilitating an accurate and appropriate interpretation of data and research information. Our planning team and specialists consulted with scientists within the Research Branch of the Forest Service, with U.S. Fish and Wildlife Service, the Bureau of land Management, state universities in Nebraska, North Dakota, South Dakota, Montana, and Wyoming, as well as other universities, the Environmental Protection Agency, the Biological Resources Division - USGS, and others. Numerous cooperative broadscale ecosystem assessments were conducted by several federal agencies in the Northern Great Plains to be sure that the information we used for this Plan was the most up-to-date available and that it was properly interpreted. CHANGES BETWEEN DRAFT EIS AND FINAL EIS Alternative 3 Final, as described in the FEIS, is a modification of the Alternative 3 described in the DEIS. The differences between Alternative FEIS 3 and Alternative 3 in the DEIS resulted in changes to the environmental consequences disclosed in the DEIS. This modified alternative (Alternative 3 Final) is well within the range of alternatives the Forest Service considered in the DEIS. Most of the modifications stem from the input we received on the DEIS during the comment period. We received nearly 110,000 comments from 26,000 commentors. Planning Direction Over the course of the Northern Great Plains planning process, several events have occurred that have influenced how these goals and objectives were developed. When the plan revision effort began, the agency was using direction established in 1982. These regulations implemented a framework of national planning (the Resources Planning Act Program), regional planning (the Regional Guides), and unit planning (Forest or Grassland Land and Resource Management Plans). In 1993, the Government Performance and Results Act (GPRA) was passed. This legislation, applicable to all federal agencies, requires the preparation of periodic strategic plans and annual performance plans, both of which are focused on outcomes and results. The Forest Service’s first GPRA Strategic plan, issued in 1997, replaced the RPA Program as the agency’s national strategic plan. In 2000, the Forest Service issued an updated version of the Strategic Plan. Also in 2000, the Forest Service issued new regulations implementing the National Forest Management Act. One provision of these regulations directed the agency to withdraw the Regional Guides within one year. That withdrawal was accomplished in early 2002, and relevant direction is being moved to agency directives and technical guides.1 1 Another provision of the 2000 planning rule allowed the Responsible Official to elect to complete the plan revision process under the 1982 regulations, provided that the process had 13 As a result, the goals and objectives in the revised Forest and Grassland plan are based on the updated GPRA Strategic Plan. The four GPRA strategic goals are: 1. Ecosystem health 2. Multiple benefits to people 3. Science and technical assistance and 4. Effective public service. The goal statements in the revised Forest and Grassland plan have changed slightly from the draft version in order to remain consistent with the most recent Forest Service Strategic Plan. Changes and additions to the objectives and implementing strategies were based on public comment and new information in the 2000 Forest Service GPRA Strategic Plan. Travel Management I am making a decision that until a transportation management plan and Roads Analysis has been completed, which includes full public involvement, existing travel management will remain in effect. Authorized uses to cooperators and permittees will still occur for purposes such as grazing permit administration, fencing, salting, approved mineral exploration and development, fire control, wildfire surveys, and emergency needs. This decision does not restrict motorized vehicle use on existing roads until a decision is made designating non-motorized areas and travelways, unless specifically prohibited in management area direction or existing orders. Motorized use is allowed to continue on existing travel routes until site-specific analysis with public involvement has been accomplished for the purpose of designating the permanent transportation facilities. This decision in no way designates or accepts user-created existing travel routes on a permanent basis. As site-specific road and trail analyses are conducted and decisions are made, some of the existing user-created routes may be designated and some of the other routes, both user-created (unclassified) and classified, may be decommissioned and the areas restored. The process to site specifically designate motorized routes could not be completed within the timeframe of this planning process because of the lack of complete road inventories and the need for extensive public involvement. Future site-specific travel management analysis will take place within the next five years to designate which roads, trails, and areas will be available for motorized use. Roadless Area Conservation Rule On January 12, 2001, the Special Areas; Roadless Area Conservation Final Rule, 66 FR 3244, (Roadless Rule) was signed by former Secretary of the U. S. Department of Agriculture Dan Glickman. The Roadless Rule, codified at 36 CFR 294 Subpart B (2001), prohibited new road construction and timber harvest in inventoried roadless areas subject to exceptions. Specific exemptions allow for roads in conjunction with the continuation, extension or renewal of a mineral lease [36 CFR 294.12(b)(7)] and for roads begun prior to issuance of the new rule. That choice was made by the Responsible Officials for the Northern Great Plains planning effort. 14 pursuant to reserved or outstanding rights [36 CFR 294.12(b)(3)]. Exceptions are also allowed for roads needed to protect public health and safety (law enforcement, fire suppression etc.) and to conduct a CERLA action, needed to prevent irreparable resource damage, needed for road safety, and determined to be in the public interest. In addition, the rule specifically does not affect a State’s or private landowner’s right of access to their land. [36 CFR 294.12(b)(3) and 294.14 (a) and preamble at 66 FR 3251, 3253, 3256, 3259.] Subsequently, eight lawsuits involving seven states in six judicial districts of four federal circuits have been filed against the January 12, 2001 rule. On May 10, 2001, the Idaho District Court granted the preliminary injunction requested in Kootenai Tribe of Idaho v. Veneman and State of Idaho v. U.S. Forest Service enjoining the Forest Service from implementing “all aspects of the Roadless Area Conservation Rule.” The Idaho District Court’s decision to grant a preliminary injunction has been appealed and is now pending before the Ninth Circuit Court of Appeals. The Roadless Rule currently remains enjoined. On June 7, 2001, the Chief of the Forest Service issued a letter concerning interim protection of inventoried roadless areas stating that “the Forest Service is committed to protecting and managing roadless areas as an important component of the National Forest System. The best way to achieve this objective is to ensure that we protect and sustain roadless values until they can be appropriately considered through forest planning.” As part of that letter, the Chief indicated he would be issuing interim direction regarding timber harvest and road construction in inventoried roadless areas until a forest [grassland] plan amendment or revision considers the long-term protection and management of unroaded portions of inventoried roadless areas. This interim direction was issued on December 20, 2001 (66 FR 65789). The Northern Great Plains revision process was begun in 1996 prior to the adoption of the Roadless Rule, and the Northern Great Plains FEIS was issued in July 2001 after the May 2001 decision that enjoined the Roadless Rule. As a part of the Northern Great Plains EIS process an inventory of areas essentially roadless in character was completed for each planning unit including the Nebraska National Forest. For each area the FEIS contains a description of the affected environment along with a capability analysis, availability analysis and an evidence of need for wilderness analysis. See FEIS 3-359 to 3-378 and FEIS Appendix C. In addition, roadless areas were allocated to various management areas by alternatives. Roadless areas were considered for management areas that varied from Management Area 1.2 Recommended for Wilderness to Management Area 6.1 Rangeland with Broad Resource Emphasis. See FEIS 3-369. In so doing, this Plan Revision process fully met the intent and direction of the Chief to consider the protection and management of roadless areas appropriately through forest [grassland] planning. Until final rule, regulations and direction are promulgated for inventoried roadless areas management, the Forest Service will manage inventoried roadless areas in compliance with Interim Directives 1920-2001-1 and 7710-2001-3 and the direction in the Revised Plan. 15 The Revised Plan addresses the protection of undeveloped natural characteristics in 75,210 acres of roadless areas in Management Areas 1.1-Wilderness, 1.2-Recommended for Wilderness, 1.31-Non-motorized Backcountry Recreation, 1.31a-Backcountry Recreation Non-motorized (Pine Ridge National Recreation Area), 2.1-Special Interest Areas, and 2.2-Research Natural Areas. The remaining 143,370 acres of roadless are assigned to Management Areas 3.63-Black-footed Ferret Reintroduction Habitat, 3.64Special Plant and Wildlife Habitat, and 6.1-Rangeland with Broad Resource Emphasis where development is possible. Transportation Rule and Policy The Administration of the Forest Development Transportation System; Prohibitions; Use of Motor Vehicles Off Forest Service Roads, Final Rule, 66 FR 3206 (Transportation Rule), and Forest Service Transportation, Final Administrative Policy, 66 FR 3219, (Transportation Policy) were signed on January 12, 2001 by former Chief of the Forest Service Mike Dombeck. The Transportation Rule and Policy provides only guidance for transportation analysis – it did not dictate or adopt land management decisions. The Transportation Rule, codified at 36 CFR 212.5 (2001), requires the Forest Service to determine a minimum road system – determining those roads that are needed (classified) and those unneeded (unclassified). Decisions on needed and unneeded roads will be accomplished through area/project planning with NEPA analysis and public participation. The Nebraska National Forest Revised Plan does not make these decisions. These decisions will only be made through subsequent NEPA analysis. The Nebraska National Forest Revised Plan provides as a Goal 4. a. #1 under Grasslandwide Direction “Within 5 years, identify travel opportunities and restrictions; including designating motorized travel-ways and areas, to meet land management objectives.” See Plan at page 1-8. The Transportation Policy, Forest Service Manual 7700 et seq., requires a roads analysis process to inform road management decisions. A roads analysis process (watershed or project area scale) must be prepared prior to most road management decisions to inform those decisions to construct or reconstruct roads throughout National Forest System lands beginning on January 12, 2002. The roads analysis process, itself, does not make decisions – and any road management decisions are made through NEPA analysis and public participation. The interim direction for Transportation Systems (ID-7710-2001-3) provides direction for Roads Analysis and the interim direction for Land and Resource Management Planning (ID-1920-2001-1) describes Chief and Regional Forester responsibilities for road construction and reconstruction and timber harvest until Forest (or grassland) Plans are revised. The Nebraska National Forest has not completed a forest or grassland scale roads analysis. Forest Service Manual (FSM) 1925.03 – Management of Inventoried Roadless Areas (Policy) states that until a forest (grassland)scale roads analysis (FSM 7712.13b) is completed and incorporated into a forest (grassland) plan, inventoried roadless areas shall, as a rule be managed to preserve their roadless characteristics. Therefore, until a grassland-scale roads analysis is completed 16 and incorporated into the Revised Nebraska National Forest plan, inventoried roadless areas shall, as a rule, be managed to preserve their roadless characteristics subject to valid existing mineral rights. Since the Plan revision was substantially completed by January 12, 2002, I have extended the deadline for completing the Roads Analysis to January, 2003. The Nebraska National Forest is conducting the road analysis, where required, as a routine part of project analysis. See Guideline #4 in Grassland-wide Direction under Q in the Plan. Infrastructure Use and Management (section Q on page 1-29 in the Plan) is consistent with the Transportation Policy stating: “Perform site-specific Roads Analysis, including public involvement, prior to making any decisions on road construction, reconstruction, and decommissioning.” Oil and Gas Stipulations Stipulations (provisions for oil and gas leases) for oil and gas development were changed between the draft and final EIS to respond to legal and biological requirements associated with the Endangered Species Act, National Forest Management Act, and to be consistent with Forest Service Manual policy for sensitive species. New research has furthered knowledge about wildlife requirements, such as habitat needs for species survival (see the Biological Assessment and Evaluation for Revised Land and Resource Management Plans, December 2000). As a result, Timing Limitation (TL) stipulations for many wildlife species in the Revised Management Plans are different from those contained in the draft EIS and previous oil and gas leasing analyses. More areas of no surface occupancy, areas with timing limitations, and areas with controlled surface use are included in this decision. Some who commented on the DEIS expressed concern that some of the Controlled Surface Use (CSU) stipulations effectively prohibited surface occupancy. We acknowledge that some CSU stipulations in the DEIS effectively prohibited surface occupancy. In the Revised Management Plans we changed those stipulations; some management activities which were protected by CSU stipulations in the DEIS are now protected with No Surface Occupancy stipulations in the FEIS. Vegetative Composition and Structure As a result of comments on the Draft EIS, more analysis was done in describing desired vegetative composition and structure for geographic areas on the Nebraska National Forest to attain goals and objectives of the revised plan. This process is described in Appendix B of the FEIS. Additional Management Direction and Additional Standards and Guidelines for Species at Risk Additional management direction and standards and guidelines were added between Draft and Final EIS for species of viability concern. A draft Biological Evaluation (BE) and a draft Biological Assessment (BA) were completed for the DEIS. However, between draft and final EIS the BE and BA were finalized (the latter with informal 17 consultation with the USFWS), and final changes in direction, standards, and guidelines were incorporated to make sure the revised plan was consistent with laws and regulations for threatened, endangered, proposed, and management indicator species, and with USFS policy for sensitive species. Some modifications were made to the black-tailed prairie dog management direction to be compliant with a July 2000, memorandum from the Forest Service’s Washington Office. This memorandum further restricts rodenticide use for controlling prairie dog populations on national grasslands and forests. It needs to be pointed out that the U.S. Fish and Wildlife Service has recently dropped the status of the swift fox and sturgeon chub as candidate species for protection under the Endangered Species Act. However, the swift fox remains classified as a sensitive species in Region 2 of the Forest Service. Management direction for both species was not changed under Alternative 3 Final because of the change in candidate status. Indian Creek Management Area Allocation Changed from Special Interest Area to Recommended for Wilderness Area Indian Creek area (23,890 acres) was identified as a Special Interest Area (2.1) in the preferred alternative of the DEIS. It was changed from Management Area 2.1, Special Interest Area, to Management Area 1.2, Recommended for Wilderness. CHANGES BETWEEN FINAL EIS AND ROD National Energy Policy The National Energy Policy and its direction did not come down to Federal agencies until after the release of the FEIS. In May 2001, the President’s National Energy Policy Development Group issued recommendations for developing and implementing a comprehensive long-term strategy to promote dependable affordable, and environmentally sound energy for the future. At the same time the President issued Executive Order 13212, “Actions to Expedite Energy-Related Projects”, in which agencies are ordered to expedite their review of permits or take other actions as necessary to accelerate the completion of such projects, while maintaining safety, public health, and environmental protections.” In August 2001, the Forest Service developed a plan to implement the Executive order and Energy Policy Development Group recommendations that fall within the agency’s jurisdiction and authority. In following the applicable recommendations of the Energy Policy Development Group and Executive Order 13212, this plan purposely allows for development of gas and oil resources. It allows for whatever actions might be necessary, to the extent permitted by law and regulation and where appropriate, to expedite review of permits and accelerate completion of energy development and transmission (i.e., pipelines) projects while maintaining safety, public health, and environmental protection. 18 This plan also provides for increased support for development of renewable energy resources and combined heat and power units. This is specifically associated with increased biomass utilization related to small diameter and under utilized wood on a fair, equitable and sustainable basis. Under the Forest Service Energy Implementation Plan, we have examined land status and lease stipulation impediments to federal oil and gas leasing. We have reviewed and modified those where opportunities exist (consistent with law, good environmental practices, and balanced use of other resources). We have reviewed public land withdrawals and lease stipulations with full public consultation, especially with people in the region, to consider modifications where appropriate. We believe that with respect to the development of gas, oil and biomass resources, we have addressed the goals of the National Energy Policy Development Group and the Forest Service Energy Implementation Plan to the extent appropriate in the land management plan. National Fire Plan National Fire Plan direction came to the Forest Service in 2001. The key points of the Plan are: 1. Firefighting: Maintain a cost effective level of preparedness in firefighting and prevention, 2. Rehabilitation and Restoration: Rehabilitate fire damaged wildlands and restore high-risk ecosystems, 3. Hazardous fuels reduction: Invest in projects to reduce fire risk with focused effort in wildland urban interface areas, 4. Community Assistance: Work with communities to reduce the risks of catastrophic fires, 5. Accountability: Establish and maintain a high level of accountability including oversight reviews, progress tracking and performance monitoring. Concerns over wildfire have grown over the past several years. Analysis regarding fuels treatment and prescribed fire were examined, similar to all other activities in the FEIS, using historic budget levels. I recognize the importance and the value of the National Fire Plan and expect to implement activities associated with it in coordination and cooperation with Federal, State, local agencies and landowners during the duration of the Forest Plan. This is outlined in Section G of the Plan to reduce the threat of wildfire to public and private developments and to participate in the “Firewise” community programs. COMPONENTS OF THE DECISION There are six fundamental components of the decision made in the Plan Revision: 19 1. Establishment of forest and grassland-wide multiple-use goals and objectives, 36 CRF 219.11(b). 2. Establishment of forest and grassland-wide management requirements (Standards and Guidelines), 36 CRF 219.13 to 219.27. 3. Establishment of management area direction (Management Area Direction and associated Standards and Guidelines for 15 management areas), 36 CFR 219.11 (c ). 4. Determination of lands suitable for livestock grazing and browsing and habitat for management indicator species. Identification of lands available for oil and gas leasing and subject to constraints (lease stipulations) [36 CFR 228.102 (c) and (d)]. Provision for a broad spectrum of forest and outdoor recreation opportunities. 36 CFR 219.14, 219.15, 219.16, 219.20, 219.21 and 219.25. 5. Establishment of requirements for monitoring and evaluating the implementation of the Revised Plan to meet the requirements of 36 CFR 219.11(d). 6. Recommendations Regarding Additions to the Wilderness Preservation System and other Special Designations (36 CFR 219.17 and 219.18). Alternative 3 Final was selected based on the manner in which it addresses the six decisions listed above, which combine to respond both to the revision topics and to the priorities upon which I based my decision. The following sections discuss the components of the decision in more detail. Component 1. Establishment of Forest and Grassland-wide Multiple-Use Goals and Objectives. The goals and objectives are listed and described in Chapter 1, of the Revised Forest Plan. They are based on the four goals identified in the 2000 Forest Service Government Performance Results Act (GPRA) Strategic Plan. The goals and objectives apply to all of the alternatives; however, each alternative achieves them in different ways and to different degrees, depending on its emphasis. I selected Alternative 3 Final in part because of the manner in which it will achieve the forest and grassland goals and objectives. I refer the reader to the comparison of alternatives in Chapter 2 of the FEIS. With regard to the goals and objectives, the alternatives compare as follows: Alternative 1 is the no action alternative and is an expression of management philosophy at the time the original plan was developed. This alternative focuses more on outputs and traditional uses than ecosystem health. It provides direction for achieving and maintaining biological diversity, but clearly emphasizes the goals and objectives relating to economic values. Biological diversity goals would be achieved at a rate slower than all other alternatives. Alternative 2 emphasizes resource production, within the limits of ecosystem sustainability. This alternative is more focused on achieving goals and objectives 20 based on economic values. The components of biological diversity associated with more managed landscapes are emphasized. The goals for biological diversity would be achieved at a rate sooner than alternative 1 but slower than all other alternatives. Alternative 3 Draft emphasizes sustainable resource production and a broader array of management direction for species viability and protection of special areas and habitats. It provides an array of dispersed recreation opportunities and contributing to economic viability. Goals for biodiversity would be achieved at a faster rate than alternatives 1,2, and 5 but slower than Alternative 3 Final or 4. Alternative 3 Final effectively integrates protecting ecosystem integrity through natural processes and offering uses, goods, and services through active management. Goals for biodiversity would be achieved at a rate faster than Alternatives 1, 2, 3 Draft and 5 but slower than Alternative 4. Alternative 4 leans heavily toward the function of natural processes with little or no human intervention. The components of biological diversity associated with natural processes are emphasized over goals and objectives oriented toward economic values. Biological diversity goals would be achieved earlier than they would be for any of the other alternatives provided that natural disturbance processes were allowed to happen. In Alternative 5, natural processes are provided for, as are the economic benefits associated with a more managed landscape. This alternative emphasizes recreation opportunities, with more intense management in areas that have been actively managed in the past. Goals for biological diversity will be achieved sooner with this alternative than they would be for Alternatives 1 and 2. However, these goals would be achieved slower than Alternatives 3 Draft, 3 Final and 4. Our focus for the future is on sustainable conditions and their outcomes that should provide for sustainable uses and products for people. We will take responsibility for what is produced, and we will also accept responsibility for the condition of the land when projects are completed. Like many of you, I am concerned about forest and rangeland health. As many of you know, we cannot meet the needs of the people if we do not first secure the health of the land. We will define rangeland health through management objectives. What might be viewed as healthy in a roadless area would probably not be appropriate in an urban/wildland interface area. Component 2. Establishment of Forest and Grassland-wide Standards and Guidelines. The standards and guidelines ensure that resources are managed in a sustainable manner. They represent design criteria to ensure that projects implementing the 21 Revised Plan move the Nebraska National Forest toward the desired outcomes expressed in the goals and objectives. The standards and guidelines allow those who work for the Forest Service and with the public to design and administer projects that accomplish Nebraska National Forest objectives. During plan implementation, the standards and guidelines will be monitored to ensure they are helping us meet the stated goals, objectives, and desired conditions. Forest and Grassland-wide Standards and Guidelines listed in Chapter 1 of the Revised Plan did not vary between the action alternatives. However, in Chapter 2 of the Revised Plan, standards and guidelines vary by geographic area2. These standards and guidelines are too general for management areas and too specific for the entire grassland. In Chapter 3 of the Revised Plan, standards and guidelines vary by management area. For the Nebraska National Forest Plan, there are fifteen different management areas where direction and specific standards and guidelines apply. I am confident that the package of standards and guidelines in Alternative 3 Final provides needed protection for resources while allowing managers to exercise their professional judgment when implementing activities. In addition to the standards and guidelines adopted in this plan, various laws, policies, and manual and handbook direction apply to Forest Service actions, and they supplement the Revised Plan direction. I direct you to Appendix K and L of the plan for a list of them. Component 3. Establishment of Management Area Direction (Management Area Direction and Associated Standards and Guidelines) for 15 Management Areas. From a list of 24 management areas, I chose the unique mix of the fifteen management areas in Alternative 3 Final to implement the Revised Plan. This direction will guide future management activities within each specific management area and is required by 36 CFR 219.11 (c). Chapter 3 of the Revised Plan contains a complete description of the management area direction and is shown on maps that are part of the Revised Plan. The application of the management area direction is where the alternatives vary the most and are compared in Chapter 2 of the FEIS. The mix of direction and their application are key factors in my decision. This is displayed in Table 1, General Description and Comparison of the Alternatives Section of this Record of Decision. Relationship Between Alternative 3 Final and Management Area Direction Management area direction is grouped into categories of similar management intensities. Categories range from minimal to substantial human influence. In each alternative, land is allocated to direction in the various categories depending on the emphasis of the alternative. The following section briefly describes the management 2 For the Nebraska National Forest units, eleven different geographic areas have been delineated to distinguish areas where the vegetative types, productivity, and physical character are fairly distinct. 22 categories, lists key management area direction in each, and discusses the application of the direction under Alternative 3 Final. Category 1 Category 1 includes Wilderness Areas and the various direction used within them, and the backcountry recreation settings. Ecological processes, such as fire, insects, and disease, are essentially allowed to operate relatively free from the influence of humans. Management Area 1.1 Existing Wilderness– 7,810 acres Soldier Creek Wilderness will be managed to perpetuate natural conditions, including native plant and animal species and communities. Livestock grazing strategies and intensities, along with prescribed fire, will be used to meet desired vegetation composition and structure. Section 4(d)(4)(2) of the Wilderness Act states, “the grazing of livestock, where established prior to the effective date of this Act, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary of Agriculture”. Congressional Grazing Guidelines for Grazing in National Forest Wilderness Areas (HR-96-1126) will be followed. There will continue to be evidence of past human activity, but evidence of present human activity will be limited to that necessary to protect Wilderness resources, or is a result of prior existing rights. The existing trail system will be maintained. Management Area 1.2 Recommended for Wilderness- 38,710 acres My decision is to recommend to Congress two areas on the Buffalo Gap National Grassland for inclusion in the Wilderness System, the Red Shirt and Indian Creek Areas. These areas are managed to protect wilderness characteristics until Congressional action is taken. No new road construction will be allowed. These areas will be available for oil and gas leasing with No Surface Occupancy (NSO) stipulations on future leases. Livestock grazing would continue. Section 4(d)(4)(2) of the Wilderness Act states, “the grazing of livestock, where established prior to the effective date of this Act, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary of Agriculture”. Congressional Grazing Guidelines for Grazing in National Forest Wilderness Areas will be followed. I chose this direction to ensure protection of these remarkable scenic grassland areas and their roadless character. Management Area 1.31 – Backcountry Recreation Non-Motorized- 13,860 acres My decision is to allocate two areas totaling 13,860 acres to this management area; one area is on the Nebraska National Forest adjacent to the Soldier Creek Wilderness and the other area is on the Buffalo Gap National Grassland on the eastern edge of Badlands National Park (Rake Creek Area). 23 This direction allows management of these areas to provide recreation opportunities in natural-appearing landscapes. These areas will be available for oil and gas leasing with No Surface Occupancy (NSO) stipulations on future leases. Livestock grazing would continue. I chose this option to protect the roadless character of these areas and to provide for a variety of non-motorized recreation opportunities. Management Area 1.31A Backcountry Recreation Nonmotorized - 6,540 acres Pine Ridge National Recreation Area will be managed to provide a variety of uncrowded, year-round, non-motorized recreation in a naturally appearing setting. Facilities such as trailheads, trails, signs, fences, and water developments will be present but there will be no net gain in those facilities designed to support livestock grazing. Large pastures, and developments that blend with the landscape will promote a natural-appearing landscape. Natural processes and livestock grazing will be the primary methods of managing vegetation composition and structure. These areas will be available for oil and gas leasing with No Surface Occupancy (NSO) stipulations on future leases. Timber cutting may be used to reduce fire hazard or the imminent threat of epidemic insect attack, or to enhance wildlife habitat diversity or scenic views, but there will be no new road construction in this area. Category 2 Category 2 areas are intended to conserve representative (or particularly rare and narrowly distributed) ecological settings or components. They help protect ecosystems or ecosystem components that may have important functions, ensuring the overall sustainability or larger landscapes. These areas also play an important role in adaptive management by serving as a “natural” reference for areas that are intensively managed for a particular objective. Some of these areas are allocated Research Natural Areas (RNA’s). Management Area 2.1 – Special Interest Areas (SIA’s) – 30,280 acres These areas are managed to protect paleontological, cultural, historical, botanical, geological or ecological resources. There are thirteen SIA’s: Bessey Tree Plantations (21,980 acres – Bessey unit); McKelvie Tree Plantations (3,200 acres – McKelvie National Forest); Mallard Exclosure (680 acres – McKelvie National Forest); Edgemont Shark Locality (940 acres - Buffalo Gap National Grassland) and Marietta South Geologic Area (260 acres - Buffalo Gap National Grassland); One-Mile Hill Geologic Area (630 acres - Buffalo Gap National Grassland); Wallace Ranch Localities (420 acres - Buffalo Gap National Grassland); Burr Oak Enclosure (3 acres – Pine Ridge unit, Nebraska National Forest); Hudson-Meng Bison Bonebed (40 acres - Oglala National Grassland); Mountain Mahogany Stand (90 acres - Nebraska National Forest); Quaking Aspen Stand ( 8 acres - Oglala National Grassland); Toadstool Park (2000 acres Oglala National Grassland); and Warbonnet/Yellow Hair Monument (30 acres Oglala National Grassland). 24 These SIA’s represent important vestiges of past life, habitation and natural character of the area. Also, they ensure our consideration and protection of the special and diverse places on the Nebraska National Forest. Motorized travel will be restricted in these areas. Geologic, paleontologic, and archeological areas will have surface use restrictions for oil and gas leasing. Livestock grazing would continue. Management Area 2.2 – Research Natural Areas (RNA’s) – 6,740 acres These are areas managed to protect or enhance natural ecosystems established for non-manipulative research, education, and maintenance of biological diversity. There are five RNA’s: Steer Creek (2,500 acres - McKelvie National Forest); Tree Farm (120 acres – McKelvie National Forest); Signal Hill (500 acres Nebraska National Forest – Bessey); South Pasture (1,560 acres - Buffalo Gap National Grassland); West Wall (1,030 acres - Buffalo Gap National Grassland); and Mallard South (1,030 acres - Fort Pierre National Grassland). These RNA’s represent a range of vegetation types and topographic features that have not been heavily influenced by humans. These RNA’s, combined with other RNA’s in the Region and Northern Great Plains, ensure that research and education opportunities will be available in the future across a wide range of ecosystems. The fences and manageability of each with its surrounding direction category and/or different ownerships determine the acreages of these RNA’s. The management direction, including objectives, standards and guidelines for management of these areas are described in Chapter 3 of the LRMP. The establishment records along with the order to administratively effect this decision for these RNA’s will be completed within six months. These areas will be available for oil and gas leasing with No Surface Occupancy (NSO) stipulations on future leases. Once established as RNA’s, these areas will be withdrawn from mineral entry if necessary to protect the values for which they were allocated. Category 3 Ecological values in Category 3 areas are in balance with human occupancy, and consideration is given to both. Resource management activities may occur, but natural ecological processes and resulting patterns normally predominate. Some evidence of human activities is present. Management Area 3.51 Bighorn Sheep Habitat – 5,650 acres These areas are managed to provide adequate amounts of quality forage, cover, escape terrain, and solitude for re-introduced bighorn sheep and other species. The integrity of lambing, breeding, and escape cover will be maintained. Livestock grazing would continue. It is my decision to allocate two areas on the Pine Ridge of the Nebraska National Forest to this management area: an area immediately east of the Ponderosa Wildlife Management Area and an area south 25 of Chadron. These areas will be available for oil and gas leasing with No Surface Occupancy (NSO) stipulations on future leases. Management Area 3.63 – Black-footed Ferret Reintroduction Habitat- 104,030 acres These areas are managed to maintain prairie dog colony complexes and compatible land uses to establish and/or maintain areas for black-footed ferret reintroduction. Prairie dog populations are maintained or increased through limitations on poisoning, vegetation management and/or relocation of prairie dogs to suitable habitat. Prairie dog shooting is prohibited in this area. Because of the low vegetative structure in these areas, they are often the key habitat for burrowing owls and other species that require low structure habitats. Livestock grazing would continue. My decision prescribes approximately 104,030 acres under this management area and expands the Conata Basin/Badlands reintroduction habitat area and establishes new reintroduction habitat areas on the Buffalo Gap National Grassland near Smithwick, South Dakota. These areas will have surface use restrictions for oil and gas leasing (see Appendix D in the Plan). Management Area 3.64 – Special Plant and Wildlife Habitat- 104,785 acres These areas are managed to maintain and enhance specific plant and wildlife communities and species at risk. My decision prescribes 104,780 acres in 23 areas: 400 acres on the Bessey unit; 4,470 acres on the McKelvie National Forest; 97,860 acres on the west half of the Buffalo Gap National Grassland; 1,160 acres on the east half of the Buffalo Gap National Grassland and 895 acres on the Fort Pierre National Grassland. These areas will have surface use restrictions for oil and gas leasing (see Appendix D in the Plan). Livestock grazing would continue. My decision is to manage these habitats to maintain or enhance specific plant and wildlife species, guilds, and communities, including wetlands, waterfowl production areas, sage grouse, sharp-tailed grouse, swift fox and other special habitats. Category 4 The ecological values in Category 4 areas are managed to be compatible with recreation use, but are maintained well within the levels necessary to maintain overall ecological systems. Resource use for other values is not emphasized and has little impact on ecological structure, function, or composition. Sights and sounds of people are expected, and may even be desired. Motorized transportation is common. My decision to select Alternative 3 Final is based on the inclusion of these areas and the role they play in the realization of recreation objectives and desired conditions for the grassland. Management Area 4.32 – Dispersed Recreation: High Use- 6,520 acres These areas are managed for visitors to recreate in a relatively natural environment, while pursuing a variety of unstructured recreational activities, 26 such as camping, picnicking, fishing, and off-highway vehicle use. All resource uses are compatible with recreational resources and opportunities. These areas will have surface use restrictions for oil and gas leasing (see Appendix D in the Plan). Areas allocated to the 4.32 management area include National Forest System lands adjacent to Merritt Reservoir on the Samuel R. McKelvie National Forest and the Railroad Buttes Off-Road-Vehicle use area on the Buffalo Gap National Grassland. Category 5 Category 5 areas are forested areas managed for a mix of forest products, forage, and wildlife habitat, while protecting scenery and offering recreation opportunities. Ecological sustainability is protected, while selected biological structures and compositions that consider the range of natural variability are emphasized. These lands often display high levels of investment, use, and activity; density of facilities; and evidence of vegetative treatment. Management Area 5.12 – General Forest and Rangelands – Range Vegetation Emphasis- 27,940 acres One of the key features of this management area is that the Ponderosa pine forest will be managed for resource production while ensuring high levels of effective wildlife habitat. These areas will have surface use restrictions for oil and gas leasing (see Appendix D in the Plan). Management emphasis is toward a balance of resource uses and opportunities. Category 6 Category 6 areas are primarily non-forested ecosystems that are managed to meet a variety of ecological and human needs. Ecological conditions will be maintained while emphasizing selected biological (grasses and other vegetation) structures and compositions that consider the range of natural variability. These lands often display high levels of investment, use, and activity; density of facilities; and evidence of vegetative manipulation. Management Area 6.1 – Rangeland with Broad Resource Emphasis- 698,350 acres This area is managed for diversity of native plants and animals and ecological functions and processes while providing livestock forage and a mix of other rangeland values and uses. This category has a smaller number of acres than all alternatives except 3 Draft, not because a broad resource emphasis isn’t important, but because inclusion of more acres of other management areas such as for big game, dispersed recreation, special interest areas, areas with a diverse natural appearing landscape, and others were increased to achieve a diverse balance of management emphasis. A majority of the acreage of each unit is in this multiple use direction. These areas will have surface use restrictions for oil and gas leasing (see Appendix D in the Plan). 27 Category 7 Category 7 areas are public lands intermingled with private land to such an extent that ecosystem management objectives for National Forest System lands must be tempered by other landowners’ uses and objectives. Private land use is often residential. Resource uses are not planned on a sustainable basis, but many occur in concert with surrounding private land values. Management Area 7.1 Residential/Forest Intermix- 2,610 acres It is my decision to allocate 2,610 acres of the Nebraska National Forest along the Highway 385 corridor south of Chadron, Nebraska to this management area. Intermingled private, state, and National Forest lands are managed to build and maintain cooperative relationships between landowners and other governments. State and local governments and fire protection districts are consulted in developing fire-hazard reduction plans and ordinances. Timber harvests, livestock grazing, and prescribed fire may be used to attain a natural-appearing landscape and minimize the risks of catastrophic fires and epidemic levels of insects and diseases. These areas will have surface use restrictions for oil and gas leasing (see Appendix D in the Plan). Category 8 Ecological conditions and processes within Category 8 areas are likely to be permanently altered by human activities, beyond the level needed to maintain natural-appearing landscapes and ecological processes. These areas are generally small. Ecological values are protected where they affect the health and welfare of humans. Human activities are generally commercial in nature, directly or indirectly providing jobs and income. Motorized transportation is common. Management Area 8.5 Charles E. Bessey Nursery -70 acres These areas will be available for oil and gas leasing with No Surface Occupancy (NSO) stipulations on future leases. Management Area 8.6 Administrative sites on the Nebraska National Forest 230 acres. These areas will be available for oil and gas leasing with No Surface Occupancy (NSO) stipulations on future leases. Component 4. Determination of Lands Suitable for Livestock Grazing and Browsing and Habitat for Management Indicator Species. Identification of Lands Available for Oil and Gas Leasing. Provision for a Broad Spectrum of Rangeland Related Outdoor Recreation Opportunities. Livestock grazing will continue on the Nebraska National Forest. Alternative 3 Final determined 969,860 acres as suitable for livestock grazing. We are emphasizing effective management of grazing allotments through the development of individual allotment Management Plans. 28 Management Indicator Species (MIS) were selected to serve as a barometer for species diversity and viability at the national grassland and forest level. By monitoring population trends and determining habitat relationships of MIS will help determine if objectives are being met. Objectives for the maintenance and improvement of habitat for these species were also developed along with habitat suitability and potential capability. In Alternative 3 Final, 187,390 acres of the Oglala and Buffalo Gap National Grassland will be administratively available for oil and gas leasing (36 CFR 228.102(d)). All of these acres have additional stipulations, including No Surface Occupancy, timing limitations, and Controlled Surface Use, beyond those found in the standard lease terms. For more information on lease terms and resource protection stipulations see Appendix D of the Plan. Immediately after this decision, the Forest Supervisor will make the leasing decision for specific lands [36 CFR 228.102(e)] and authorize the Bureau of Land Management (BLM) to offer these lands for lease. With management responsibility and authority for the federal mineral estate, the Bureau of Land Management (BLM) also plays a role in management of oil and gas resources underlying NFS lands. The BLM is a cooperating agency in this analysis in accordance with the 1991 Interagency Agreement for Oil and Gas Leasing between the Forest Service and BLM. The oil and gas analysis addresses all federal minerals including those under non-federal surface (split estate) lands within the boundaries of the NFS units to which the analysis applies. Based on the oil and gas analysis the BLM will make decisions for leasing federal mineral estate under Forest Service administered surface and under non-federal surface (split estate lands) within Forest Service units, as appropriate. The BLM Wyoming Office will make a separate decision on 750 acres of split estate lands on the Oglala National Grassland. The Bureau of Land Management, Montana Office will make a separate decision on the 58,720 acres of split estate lands on the Buffalo Gap National Grassland. Alternative 3 Final provides for a broad spectrum of outdoor recreation opportunities. Wilderness and backcountry direction emphasize the more primitive end of the spectrum, while developed roads and trails and water improvements emphasize the less primitive aspects of recreation. Component 5. Establishment of Requirements for Monitoring and Evaluating the Implementation of the Revised Plan to Meet the Requirements of 36 CFR 219.11(d). A key feature of all alternatives is the monitoring plan (Chapter 4, Revised Plan). Monitoring and adaptive management principles are a cornerstone of ecosystem management. They allow us to be responsive to changing circumstances and changes in the available science and technology. Nebraska National Forest staff has developed monitoring questions to help ensure that this Revised Plan is working. A detailed 29 annual Monitoring Plan of Operations will be prepared each year, identifying how the broad monitoring questions will be addressed. From the Monitoring Plan of Operations, a Monitoring and Evaluation Report will be prepared. The frequency of reporting is outlined in the Monitoring Strategy (Chapter 4). A key component of the Monitoring and Evaluation Report will be the Evaluation and Action Plan. This is a synthesis of results, interpreted to draw conclusions about whether we are moving toward the forest or grassland goals and objectives and desired conditions. This will also validate expected outcomes. Based on the results, amendments to the Plan could be made to reflect necessary changes. The old (1984) monitoring plan was detailed, specific, and lacked flexibility. It focused on quantifying outputs rather than using qualitative assessment to determine how well we were achieving the Plan goals and objectives. In the development of the Revised Plan, the monitoring focus shifted from specific activities to broad programmatic requirements. These broad requirements satisfy the regulatory provisions and are responsive to the Plan goals and objectives. Because the requirements are flexible and adaptable, they allow new knowledge and techniques to be easily incorporated into the monitoring plan. Monitoring plans do not vary between action alternatives. The Monitoring and Evaluation Chapter in the Revised Plan identifies the legally required monitoring activities; the action, effect, or resource to be measured; the monitoring schedule; and the level of precision or reliability. Also listed are additional monitoring activities to be conducted based on funding. I have placed emphasis on monitoring, and I am confident that these requirements will be met. Component 6. Recommendations Regarding Additions to the Wilderness Preservation System, and Other Special Designations. During the Northern Great Plains plan revision process, we updated our roadless inventory. It will be used for all related Plan implementation activities and is the official Nebraska National Forest Inventory. There are no Inventoried Roadless Areas on the Nebraska National Forest. There are 6 Inventoried Roadless Areas on the Buffalo Gap National Grassland. These areas will be managed in accordance with Management Area Direction that is contained in the Revised Plan as discussed in Appendix C of the FEIS as follows: Cheyenne River – 7,570 acres would be allocated Management Area (MA) 6.1, Rangeland with Broad Resource Emphasis. First Black Canyon – 4,960 acres would be allocated MA 3.63, Black-footed Ferret Reintroduction Habitat. Jim Wilson Canyon – 6,020 acres would be allocated MA 3.63, Black-footed Ferret Reintroduction Habitat. 30 Red Shirt RARE II Area – 8,450 acres would be allocated MA 1.2, Recommended for Wilderness and 760 acres would be allocated a MA 6.1, Rangeland with Broad Resource Emphasis. Red Shirt – 5,300 acres would be allocated MA 1.2, Recommended for Wilderness; 1,612 acres allocated MA 2.2, Research Natural Area; and 220 acres allocated 6.1, Rangeland with Broad Resource Emphasis. Indian Creek – 23,890 acres would be allocated MA 1.2, Recommended for Wilderness; 760 acres allocated MA 3.63, Black-footed Ferret Reintroduction Habitat; and 450 acres allocated MA 6.1, Rangeland with Broad Resource Emphasis. I have decided to recommend to Congress the designation of two grassland wilderness areas on the Buffalo Gap National Grassland – The Red Shirt and Indian Creek areas. I am not recommending Congress allocate any wild and scenic rivers on the Forest or Grasslands. PUBLIC INVOLVEMENT This plan was developed through a coordinated process involving the resource and social economic assessments of ten National Forest and Grassland units distributed across the Northern Great Plains (NGP) and located in North Dakota, South Dakota, Nebraska and Wyoming. A planning team (called the NGP Planning Team) conducted and coordinated the assessment and planning process through a combination of approaches and techniques involving collaboration with other agencies, consultation with Indian tribes, dialogue with the scientific community, dialogue with consultants, and by ad hoc teams composed of employees from the Forest Service and other agencies. The analysis was also supplemented with local considerations and taken into consideration for this decision. The NGP Planning Team, along with the ten grassland managers, conducted an extensive public involvement process throughout the development of the Revised Plans. The Interdisciplinary Team consulted with other Federal agencies (the Bureau of Land Management, Fish and Wildlife Service, National Park Service, and Natural Resources Conservation Service), various state agencies, including the Department of Agriculture, South Dakota Game, Fish, and Parks, and Nebraska Game and Parks Commission, Indian tribes, and county governments. A Notice of Intent to Prepare an Environmental Impact Statement was published in the Federal Register in February 1997. The public was kept informed throughout the plan revision process through a series of newsletters, news releases, and less formal means. 31 The revision topics and preliminary alternatives were presented at a series of public meetings from February through April of 1996. Discussions were lively, opinions diverse, and the level of interest in the plan revisions high. Another series of meetings was held following the publication of the Draft Environmental Impact Statement (DEIS) in August 1999. These meetings were held to clarify information presented in the DEIS and answer questions. Additional meetings were held with local governments and interest groups (environmental, motorized and non-motorized recreationists, grazing associations, the timber industry, and others) throughout the plan revision process. Publication of the DEIS and proposed Revised Plan in July 1999 was followed by a 90day public comment period which was scheduled to end in October 1999. The comment period was extended three times until February 3, 2000. Nearly 110,000 individual comments on the DEIS and draft Revised Plan for all NGP National Grassland units were received from over 26,000 commentors. Over 2,400 commentors specifically addressed the Nebraska National Forest. The Forest Supervisor and Forest Planner read all of the summarized comments from each of those letters, and a team developed responses to them (see FEIS, Appendix A). The Final EIS was released in July, 2001. A six month public comment period was then initiated on the FEIS. Approximately 48,000 letters were received. Responses to new comments are addressed as an attachment to this ROD. I am well informed about the content of those comments and the changes made between the draft and final documents as a result of these comments. See Appendix A of the FEIS for more information on public involvement activities. COMMENTS SUBMITTED BY THE PUBLIC Prairie Dogs We received many comments relating concerns over unwanted colonization by prairie dog populations of adjacent private lands along property boundaries. Some voiced a desire to have more options to manage for this unwanted colonization. This was analyzed in Alternatives, 1, 2 and 5 of the FEIS. The black-tailed prairie dog was recently petitioned for listing as a threatened species under the Endangered Species Act (ESA) by several conservation organizations and the petitions were determined by the U.S. Fish and Wildlife Service (FWS) to be warranted, but precluded by higher listing priorities. The black-tailed prairie dog is currently classified as a candidate species for possible future protection under ESA. The Plans outline conservation strategies for the contribution that the national grasslands can make to the long-term viability of black-tailed prairie dogs. Motorized Access for Administrative Purposes Some people commented that they were worried that general forest and grassland-wide and management area direction would preclude motorized use for such things as fire control, grazing permit administration, noxious weed control, wildlife surveys, mineral exploration and development, and emergency services such as law-enforcement, 32 medical, search and rescue. Forest and Grassland-wide direction under Section Q (2) in the Plan on page 1-29 states that access for these purposes will be allowed. Travel Management There were comments received voicing opinions about travel management and restricting off-highway motorized use. Forest and Grassland-wide direction under Goal 4a, Objective 1 in the plan on page 1-8 and Section Q (1) in the plan on page 1-29 states that the Forest Service will identify travel opportunities and restrictions, including designating motorized travelways and areas. This will be conducted using public involvement and input. Economic Impacts and Changes There was considerable controversy over income and employment analysis conducted in the DEIS. The income and employment analysis that was suggested from public comments received stated that we should use gross business volume (gross value of sales) to track gross value of business transactions in a study area. The economic impact analysis used in the DEIS and FEIS used an income approach, the approach used by economists at the national level to characterize the economic well being of the Nation. Income is used because it is a better measure of how local area residents will be affected by the alternatives. ALTERNATIVES CONSIDERED Before describing the alternatives evaluated in the FEIS, I would like to make some important points concerning their development. The strength of this planning process lies in the alternatives and the way they were formulated. The alternatives express a range of concerns and issues raised by the public. The range of alternatives is not based on predetermined outputs but rather on themes responding to issues raised by the public. All alternatives include the concepts of multiple-use, sustained yield, biological diversity, and ecosystem management but to varying degrees. All alternatives share a set of basic goals and standards and guidelines that ensure protection of Grassland resources. All alternatives (including the updated no action alternative) use a new numbering scheme for the management areas that is consistent with other Forest and Grassland units in the Rocky Mountain Region of the Forest Service. All action alternatives meet the management requirements of 36 CFR 219.27, as well as all other legal and regulatory requirements. More information about the alternatives can be found in Chapter 2 of the FEIS. The Rocky Mountain Regional Guide was withdrawn as of February 1, 2002, however under the process, all alternatives strive to meet the goals established in the 1992 Forest Service Rocky Mountain Regional Guide, as amended. These include: • 33 Protecting the basic soil, air, and water resources. • • • • • • • Providing multiple uses and sustainability in an environmentally acceptable manner. Providing a variety of life through management of ecosystems. Providing scenic quality and a range of recreation opportunities that respond to our customers and local communities. Emphasizing cooperation with individuals, organizations, and other agencies to coordinate planning and project implementation. Promoting rural development opportunities. In cooperation with other landowners, striving for improved land ownership and access patterns, to the mutual benefit of both public and private landowners. Improving the financial efficiency of all programs and projects. General Description and Comparison of the Alternatives The alternatives are described here in general terms, in relation to the revision topics. Only major alternative elements are discussed, and the reader is encouraged to review both Chapters 2 and 3 of the FEIS for the full scope of the alternatives and their effects. Lands administratively available for oil and gas leasing do not change in Alternatives 2 through 5, however stipulations do change between alternatives. Each alternative is essentially a separate and distinct set of Management Area allocations and a distinct Management Plan. The alternatives in the DEIS were developed without preconceived notions of a preferred alternative. The preferred alternative (Alternative 3) in the DEIS has been modified in the Final EIS in response to public comments. While all alternatives provide a wide range of multiple uses, goods, and services, some alternatives give more emphasis to particular uses in order to respond to public comment and to explore management options, opportunities, and trade-offs. The characteristics of alternatives considered in detail, and modified based on public comment received on the DEIS, are described below: Alternative 1 – (No Action) The no action alternative is required by regulation. Current Land and Resource Management Plan (Management Plan) direction and emphases would continue with this alternative. Since current plans were developed, management area titles and the management area numbering system have changed. Therefore, Management Area titles and numbers have been changed to make this alternative more easily comparable to other alternatives. This alternative does not recommend any additional wilderness, Special Interest Areas (SIA’s), or Research Natural Areas (RNA’s) and does not provide any areas for nonmotorized backcountry recreation. This alternative had the most acres of MA 6.1 Rangeland with Broad Resource Emphasis (977,180 ac) and the least acres of special management area designations. 34 This alternative would provide for partial reversion of pine and cedar plantations on the Bessey Ranger District to native prairie. Firewood cutting, post and pole cutting, and other forms of wood product removal would be encouraged. Prescribed fire would be used to reduce cedar encroachment on native grasslands. Oil and gas leasing would continue under the Decision Notice and Finding of No Significant Impact for Oil and Gas Leasing, Oglala National Grassland and Portions of the Buffalo Gap National Grassland, March 2000. Alternative 2 This alternative would emphasize production of commodities such as livestock, minerals, oil, gas, and timber. Recreation opportunities, and special area designations would be provided where they would not foreclose commodity production. For the Nebraska National Forest, this alternative had the most acres of MA 5.13 Forest Products and it had 891,380 acres of MA 6.1 Rangeland with Broad Resource Emphasis. It had no recommended wilderness, wild and scenic rivers, or bighorn sheep habitat management areas. This alternative would manage pine and cedar plantations on the Bessey Ranger District the same as in Alternative 1. Alternative 3 (Draft) This was alternative 3 in the DEIS and it is carried forward in its entirety from the DEIS to the FEIS. This alternative would adopt additional special area designations, such as Research Natural Areas, Special Interest Areas, Recommended Wilderness, Backcountry NonMotorized, and place added emphasis on native plants and animals, and recreation opportunities. Plant and animal habitats would be managed to provide viable populations and many standards and guidelines have been prescribed to ensure this. This alternative would provide 54,490 acres of MA 2.1 Special Interest Areas, MA 3.51 Bighorn Sheep Habitat (6,590 ac), and MA 3.64 Special Plant and Wildlife Habitat (107,290 ac). This alternative would entail managing and maintaining about 20,000 acres of pine plantations on the Bessey Ranger District through a combination of thinning, prescribed burning, planting, and insect and disease control. Cedar plantations would be harvested for forest products and cedar stands would be converted to either pine plantings or native grasslands. Within the next ten to fifteen years, approximately 20% of the pine plantations with cedar understories or cedar encroachment would be treated to remove the cedar. Prescribed fire would be actively used to reduce cedar encroachment on native grasslands. Active reforestation of ponderosa pine through tree planting would occur on plantations burned in the 1960’s. 35 Alternative 3 Final - (SELECTED ALTERNATIVE) This alternative would modify current Management Plan direction by adopting additional special area designations, such as Research Natural Areas, Special Interest Areas, and Recommended Wilderness Areas. It would also place added emphasis on native plants and animals and recreation opportunities. Changes in Alternative 3 from the Draft EIS include the following: Changes in goals, objectives, standards and guidelines, and monitoring requirements, proposed Management Area allocations, Geographic Area direction, oil and gas stipulations (See Final Land and Resource Management Plans), and including “bison-friendly” grazing policies. This alternative would facilitate bison grazing on the lands administered by the Nebraska National Forest after evaluating the suitability of allotments for bison grazing. Permittee requests to graze bison would be fully considered. This alternative would manage pine and cedar plantations on the Bessey Ranger District the same as in Alternative 3 (Draft), except that firewood cutting, post and pole cutting, and other forms of wood product removal would be encouraged in pine plantations where needed to meet stand objectives. Alternative 4 This alternative would feature natural processes and aggressive restoration of impaired native ecosystems. It would demonstrate the role that national grasslands and forests have in sustaining rare animal and plant communities within the Northern Great Plains. Plant and animal habitats would be managed to meet viable populations with the lowest risk level. This alternative would allow for “bison-only” grazing on a minimum of 5% of the lands administered by the Nebraska National Forest. In this alternative, bison will be treated as a type of livestock, not as free-roaming wildlife herds. Permittees requests to graze bison would be fully considered as well as the opportunities to convert to “bison-only” grazing on vacant and newly acquired allotments determined to be desirable and suitable for bison grazing. This alternative has the largest acreages of MA 1.2 Recommended Wilderness (174,970 acres), MA 3.4 Scenic Rivers Recommended (1,790 acres), Black-footed Ferret Reintroduction Habitat (109,930 acres), and MA 3.66 Ecosystem Restoration (22,410 acres). This alternative would include actively converting non-native pine and cedar plantations on the Bessey Ranger District to native prairie through tree cutting and burning over the next 20 years. Firewood cutting, post and pole cutting, and other forms of wood product removal would be encouraged. Prescribed fire would be actively used to reduce cedar encroachment on native grasslands. No active reforestation through tree planting would occur. 36 Alternative 5 This alternative would accentuate recreation opportunities and non-commodity services and also provide commodity outputs that complement or fit within recreation objectives. Plant and animal habitats would be managed to meet viable populations with a low risk level. This alternative would provide the most acres of MA 1.31 Backcountry Recreation Non-motorized (126,660 ac), MA 2.1 Special Interest Area (55,190 ac), MA 4.32 Dispersed Recreation: High Use (11,550 ac), and MA 4.4 National River System: Recreation Rivers Recommended (1,790 ac). This alternative would manage pine and cedar plantations on the Bessey Ranger District the same as in Alternative 3 (Final) except that pine management would be limited to 15,000 acres and cedar removal would be limited to 5% of the pine plantations with cedar understories or cedar encroachment. Summary Comparison of Management Areas by Alternative For the following table, acres are rounded to the nearest 10. Acres for Alternative 3a are the same as Alternative DEIS 3 unless shown otherwise in italic (these are not additive). Acres in parentheses are concurrent management area acres, meaning they overlap other management area acres. Table 1. Management Areas by Alternative for Nebraska National Forest DEIS Alt 3 FEIS Alt 3 9,700 7,810 15,970 0 14,000 6,540 6,540 14,350 Management Area Alt 1 Alt 2 Category 1 1.1 Wilderness Soldier Creek 1.2 Recommended for Wilderness 7,810 7,810 0 0 0 1.31 Backcountry Recreation Nonmotorized 1.31a Backcountry Recreation Nonmotorized Pine Ridge Recreation Area TOTALS Category 2 2.1 Special Interest Areas 2.2 Research Natural Areas TOTALS Category 3 3.4 National River System Scenic Rivers Recommended 3.51 Bighorn Sheep 3.63 Black-footed Ferret Reintroduction Habitat 3.64 Special Plant and Wildlife Habitat 3.66 Ecosystem Restoration TOTALS Category 4 4.32 Dispersed Recreation High Use 37 Alt 4 Alt 5 7,810 7,810 7,810 38,710 174,970 970 13,860 1,830 126,660 6,540 6,540 6,540 6,540 24,050 44,320 66,920 191,850 150,720 70 1,060 30,280 2,820 55,190 500 3,090 6,740 4,150 5,270 (4,060) 8,090 4,120 570 54,490 103,030 6,740 1,560 61,230 104,590 0 0 0 0 0 0 6,590 109,40 83,870 107,290 6,850 0 223,020 90,720 5,650 8,050 61,510 54,340 16,640 0 62,390 0 78,390 1,110 1,110 6,350 5,250 37,020 59,310 104,780 1,790 (40) 5,950 109,930 (11,450) 15,580 0 214,520 22,410 155,200 0 112,870 6,520 1,110 11,550 104,030 4,120 5,950 86,780 20,140 Management Area 4.4 National River System Recreation Rivers Recommended TOTALS Alt 1 Alt 2 DEIS Alt 3 FEIS Alt 3 Alt 4 Alt 5 0 0 0 0 140 1,790 1,110 1,110 6,350 5,250 6,520 1,250 13,340 0 22,410 27,000 27,940 27,000 0 Category 5 5.12 General Forest and Rangelands Range Vegetation Emphasis 5.13 Forest Products TOTALS Category 6 6.1 Rangeland with Broad Resource Emphasis 0 0 31,990 54,400 0 27,000 0 27,940 0 27,000 0 0 977,180 891,380 698,350 670,130 716,980 TOTALS 977,180 891,380 691,300 673,790 691,300 698,350 670,130 716,980 TOTALS 0 0 2,600 2,600 2,610 2,610 2,610 2,610 2,610 2,610 2,610 2,610 240 0 80 390 710 0 0 70 230 300 0 0 70 230 300 0 0 70 230 300 0 0 20 190 210 0 0 70 230 300 Category 7 7.1 Residential/Forest Intermix Category 8 8.3 Designated Utility Corridors Existing and Potential 8.4 Mineral Production and Development 8.5 Nursery 8.6 Administrative Sites TOTALS Alternatives Considered but Eliminated from Detailed Study The following alternatives were considered and eliminated from further detailed study during the planning process. They are discussed more specifically in Chapter 2 of the FEIS, including the reasons for their elimination. Passive Management Alternative: This alternative would restore biological communities and health using limited active resource management activities. Bison-Restoration/Free Roaming Bison Alternative: Tribes, inter-tribal organizations, individual tribal members and many others proposed removing domestic livestock and restoring free-roaming bison to the national grasslands. Conservation Reserve Alternative: This alternative would include principles of conservation biology, establish core reserve areas on national grasslands and link core areas with biological corridors. Designation of the Site-Specific Motorized Routes: This alternative would have included information to make these site-specific travel way determinations within this revision decision. No Grazing Alternative: This would prohibit livestock grazing. 38 IDENTIFICATION OF THE ENVIRONMENTALLY PREFERRED ALTERNATIVE National Environmental Policy Act (NEPA) regulations require agencies to specify the alternative or alternatives which were considered to be environmentally preferable [40 CFR 1505.2(b)]. Alternative 4 would allow the fewest ground-disturbing activities, only one measure of the environmentally preferred alternative. According to Forest Service policy, the environmentally preferred alternative is the one that best meets the goals of Section 101 of NEPA. Section 101 emphasizes the protection of the environment for future generations; the preservation of historic, cultural, and natural resources; and attainment of the widest range of beneficial uses. Evaluation Of How The Preferred Alternative Meets The Goals Of The National Environmental Policy Act The goals of Section 101 are similar to the principles of ecosystem management and of this Revised Plan, calling for sustainable and balanced use and making provision for future generations. Section 101 does not exclude Americans from use of their natural resources, but does demand that such uses avoid degradation of the environment. Section 101 of NEPA defines national environmental policy, calling upon federal, state, and local governments and the public to create and maintain conditions under which humans and nature can exist in productive harmony. This broad policy is further defined in six goals: 1. Fulfill the responsibilities of each generation as trustees of the environment for succeeding generations. Alternative 3 Final ensures the health of the land by relying upon active management and natural ecological processes to achieve desired conditions and outcomes. Alternative 3 Final includes standards and guidelines that preserve the health of basic resources, such as soil, air, and water. 2. Assure for all Americans safe, healthful, productive, and aesthetically and culturally pleasing surroundings. Alternative 3 Final provides many opportunities for quality visitor experiences. Standards and guidelines are in place to ensure clean water, clean air, and visually pleasing surroundings. 3. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences. Alternative 3 Final provides a wide range of beneficial uses, such as livestock use, dispersed and developed recreation, clean air and water, and wildlife habitat. Standards and guidelines ensure these uses do not result in undesirable or unintended consequences. 39 4. Preserve important historic, cultural, and natural aspects of our natural heritage and maintain, wherever possible, an environment that supports diversity and variety of individual choice. The mix of management area allocations in Alternative 3 Final preserves the historic and natural aspects of the Grassland and provides a variety of individual choices. Standards and guidelines ensure compliance with the National Historic Preservation Act, as well as access for people with disabilities. 5. Achieve a balance between population pressures and resource use, which will permit high standards of living and a wide sharing of life’s amenities. Alternative 3 Final achieves a balance between resource use and protection. Resource uses are sustainable and contribute to a high standard of living and a wide sharing of life’s amenities. 6. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. The standards and guidelines in Alternative 3 Final provide quality resource management. Forest and Grassland health will be enhanced. Sustainable resource production will contribute to the vitality of local communities. After considering Section 101 of NEPA and the alternatives evaluated in the FEIS, I find that Alternative 3 Final best meets the goals of Section 101 of NEPA and it is the environmentally preferred alternative. This is one of the reasons it is my preferred alternative. FINDINGS REQUIRED BY OTHER LAWS I have considered the multitude of statutes governing management of the Nebraska National Forest, and I believe that this decision represents the best possible approach to reconciling the current statutory authorities of the Forest Service. The following discussion highlights the findings of compliance with some of the major statutes guiding management of National Grasslands and Forests. • • • • 40 The Nebraska National Forest Plan is in compliance with the Clean Water Act as disclosed in the conclusions presented in Chapter 3 of the FEIS. The Nebraska National Forest Plan is in compliance with the National Historic Preservation Act as disclosed in the conclusions presented in Chapter 3 of the FEIS. The Nebraska National Forest Plan is in compliance with the Endangered Species Act as disclosed in the conclusions presented in Chapter 3, of the FEIS and appendix B of the FEIS. The U.S. Fish and Wildlife Service concurs with our determination that this decision is not likely to adversely affect federally listed species. The Nebraska National Forest Plan is in compliance with the Clean Air Act as disclosed in the conclusions presented in Chapter 3 of the FEIS. • • • • • • The Nebraska National Forest Plan is in compliance with the Executive Order for Environmental Justice disclosed in Chapter 3 of the FEIS. The Nebraska National Forest Plan is in compliance with the Bankhead-Jones Farm Tenant Act of 1937 and the 1963 Secretary of Agriculture Executive Order as disclosed in Chapter 3 of the FEIS. The Nebraska National Forest Plan is in compliance with the Mineral Leasing Act of 1920 as amended as disclosed in the conclusions presented in Chapter 3 of the FEIS. The Nebraska National Forest Plan is in compliance with the Federal Onshore Oil and Gas Leasing Reform Act of 1987 as disclosed in the conclusions presented in Chapter 3 of the FEIS. The Nebraska National Forest Plan is in compliance with the Mining and Minerals Policy Act of 1970 as disclosed in the conclusions presented in Chapter 3 of the FEIS. The Nebraska National Forest Plan is in compliance with the National Forest Management Act of 1976 as amended with regards to the determinations of suitability for livestock grazing, management indicator species, oil, gas and timber, as disclosed in Chapter 3 of the FEIS. IMPLEMENTATION In accordance with 36 CFR 217.10(a), implementation of this decision will occur 7 calendar days after the legal notice of this decision is published in the Denver Post. The Notice of Availability for the Northern Great Plains FEIS and the Nebraska National Forest Plan was previously published in the Federal Register on July 27, 2001. Under NFMA, “permits, contracts, and other instruments for the use and occupancy” of National Forest System lands are required to be “consistent” with the current Land and Resource Management Plan. Use and occupancy agreements, which might require modification of pre-existing authorization, include those for timber harvesting, livestock grazing, and outfitting/guiding. However, this requirement is not absolute. In the plan revision context, NFMA specifically qualifies the requirement in three ways: 1) these documents must be revised only “when necessary,” 2) these documents must be revised “a soon as practicable,” and 3) any revisions are “subject to valid existing rights.” In developing this Revised Plan, implementing pre-existing decisions and the associated effects of that implementation were considered part of the baseline against which the alternatives were evaluated. Because these earlier decisions were considered in our effects analysis, their implementation is not in conflict with the Revised Plan. Exercising my legal discretion under NFMA, I have determined that it is not “necessary” to apply the Revised Plan’s standards and guidelines retroactively, and I find that NFMA does not require revision of these pre-existing use and occupancy authorizations. I have also determined that I have the discretion, on a case-by-case basis, to modify pre-existing authorizations if they are not consistent with newly established standards, including the standards and guidelines in the Revised Plan. 41 Use and occupancy agreements may be for a substantial term. For example, livestock grazing permits are generally issued for a ten-year term. My decision is to require grazing permits to comply with the Revised Plan’s standards and guidelines. The case law is clear that grazing permits are privileges rather than rights, and they are subject to modification by their terms and under the grazing regulations. The Forest will implement appropriate Revised Plan Standards and Guidelines associated with permitted livestock grazing and allotment management via incorporation in site specific NEPA Decisions conducted in accordance with the National Environmental Policy Act of 1969. The NEPA Decisions will be conducted in accordance with but no sooner than the Allotment Management Planning schedule for the Nebraska National Forest dated July 15, 2002 contained in the Administrative Record. I find that applying the Revised Plan’s standards and guidelines through this process will meet the “as soon as practicable” provision as stated in NFMA. Other classes of “use and occupancy” agreements will be reviewed to determine whether or when the Forest Supervisor should exercise his/her discretion to bring them into compliance with the Revised Plan. The Forest Supervisor will accomplish many management activities to implement the Revised Plan. Unlike the programmatic decisions listed above, these activities are sitespecific and require analysis and disclosure of effects under NEPA. These site-specific analyses will be done during implementation of the Revised Plan. Site-specific analysis of proposed activities will determine what can be accomplished. The outcomes specified in the Revised Plan are estimates and projections based on available information, inventory data, and assumptions. More information on the difference between programmatic and site-specific projects can be found in the planning record (Overview of Forest Planning and Project Level Decision making, Gippert, GC, June 2002, http://www.fs.fed.us/forum/nepa/decisionm/index.html) that is incorporated into this ROD by reference. All activities, many of which are interdependent, may be affected by annual budgets. However, the desired future conditions, goals, objectives, standards and guidelines, and management area direction described in the Revised Plan may not change unless the Plan is amended. The Plan will be amended or revised to adjust to changing circumstances. The amendment process gives us the flexibility to adapt the decisions made today to the realities of tomorrow. We will involve the public in future changes to the Revised Plan. Oil and Gas Leasing As required by law and as specified in 36 CFR 228 102 (c ) (1) (ii) oil and gas stipulations are developed for leases on Nebraska National Forest. These stipulations are developed from the standards and guidelines and are described for each of the plan revision alternatives in Appendix D of the Plan. The Bureau of Land Management, Wyoming Office will make a separate decision on 750 acres of split estate lands on the Oglala National Grassland. The Bureau of Land Management, Montana Office will make a separate decision on the 58,720 acres of split estate lands on the Buffalo Gap National Grassland. 42 All new mineral leases and lease renewals are subject immediately to the stipulations outlined in the plan this decision prescribes for Nebraska National Forest. Again, all valid existing lease rights remain in effect for the terms of the current leases. Off-Road Motorized Use In some management areas, off-road motorized use is allowed to continue in compliance with Forest Supervisor special orders for travel restrictions until site-specific analysis with public involvement has been accomplished for the purpose of designating permanent transportation facilities. This decision in no way designates or accepts usercreated existing travel routes on a permanent basis. As directed by the Final Rule for the Administration of the Forest Development Transportation System; Prohibitions; Use of Motor Vehicles Off Forest Service Roads and the Policy published in the Federal Register on January 12, 2001, Forest and Grassland along with site-specific road and trail analyses will be conducted and decisions formulated. Some of the existing user-created routes may be designated and some of the other routes, both user-created (unclassified) and classified, may be decommissioned and the areas restored. The Steer Creek RNA on the Samuel R. McKelvie National Forest contains FDR 601 and 602. Motorized use within the RNA will be allowed on these roads only. Management areas where motorized use is prohibited include: MA 1.1 Soldier Creek Wilderness MA 1.2 Recommended Wilderness MA 1.31 Backcountry Recreation Non-Motorized MA 1.31a Pine Ridge National Recreation Area MA 2.2 Research Natural Areas; and specific MA 2.1 Special Interest Areas listed in Plan Chapter 3 MA 2.1 Consultation The Forest Service will consult or confer with US Fish and Wildlife Service in a timely manner if any of the following conditions occur: • If new information reveals effects of the action may affect listed species or critical habitat in a manner or to an extent not previously considered; • If the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion; or • If a new species is listed or critical habitat designated that may be affected by the identified action. POTENTIAL FOR AMENDMENTS TO THE REVISED PLAN The following proposals and possibilities have been initiated and depending on the outcomes of their processes, have the potential for causing an amendment to some parts of this plan. 43 • • • • • Dakota, Minnesota and Eastern railroad proposal, which is currently undergoing an environmental impact statement (EIS) being conducted by the National Surface Transportation Board. Listing or proposed listing of additional species for protection under the Endangered Species Act. The Forest Service Roads analysis, which could lead to some site specific changes in road facilities. I am directing the Forest Supervisor to complete a Forest and Grassland scale roads analysis and have extended the deadline to complete the analysis to no later than January 13, 2003. State-wide prairie dog conservation strategies being developed for South Dakota and Nebraska may provide additional information suggesting changes in management direction to be considered. The current list of sensitive species in Region 2 of the Forest Service is being reviewed and future additions and deletions are possible. Also, if monitoring indicates that something in the plan is not working as anticipated, we may consider a specific amendment to adapt and improve the plan. The Forest Service will involve interested people and organizations in all amendment processes. APPEAL OPPORTUNITIES This decision is subject to administrative review pursuant to 36 CFR 217. A written appeal of this decision must be filed in duplicate within 90 days of the date of the published legal notices. Appeals must be filed with: USDA Forest Service Attn: NFS-EMC Staff (Barbara Timberlake) Stop Code 1104 1400 Independence Avenue, SW Washington, D.C. 20250-1104 Any notice of appeal must be fully consistent with 36 CRF 217.9 and include at a minimum: • • • • • • • 44 A statement that the document is a Notice of Appeal filed pursuant to 36 CFR part 217; The name, address, and telephone number of the appellant; Identification of the decision to which the objection is being made; Identification of the document in which the decision is contained, by title and subject, date of the decision, and name and title of the Deciding Officer Identification of the specific portion of the decision to which objection is made The reasons for objection, including issues of fact, law, regulation, or policy and, if applicable, specifically how the decision violates law, regulation, or policy Identification of the specific change(s) in the decision that the appellant seeks. Requests to stay implementation of the Revised forest Plan will not be granted [36 CFR 217.10(a)} Final decisions on proposed projects will be made after site-specific analysis and documentation in compliance with NEPA and are subject to appeal at that time. For questions concerning the appeal process, contact: USDA Forest Service Attention: Ecosystem Management Staff (Steve Segovia) P.O. Box 96090 Washington, D.C. 20090-6090 202.205.1066 For questions concerning the Nebraska National Forest Plan, contact: Donald J. Bright Forest Supervisor Nebraska National Forest 125 North Main St. Chadron, NE 69337-2118 (308) 432-0300 Reviewers are encouraged to contact the Forest Supervisor before submitting appeals to determine if misunderstandings or concerns can be clarified or resolved. CONCLUSION I am pleased to announce this decision and bring this phase of the Nebraska National Forest Plan revision to completion. The challenge that remains before all of us is to work together. Together we can meet the challenges, realize the opportunities, and achieve the goals and objectives of this Revised Plan. The Revised Plan is our strategic plan for ensuring the long-term health of the land. We will use adaptive management as we work to implement it. We will carefully monitor our activities, the condition of the land, the goods and services produced, and the effectiveness of the resource protection measures included in the Revised Plan to ensure a healthy forest and grassland for the present and next generation. /s/ Rick D. Cables RICK D. CABLES, REGIONAL FORESTER DATE:_July 31, 2002 45