USDA – FOREST SERVICE NATIONAL ALLOTMENT NEPA SCHEDULE 2017 – 2028 RESCISSIONS ACT_P.L. 104-19, SECTION 504(a) 2004 INTERIOR APPROPRIATIONS ACT_P.L. 108-108, SECTION 325 Disclaimer: This document is a compilation of all the National Forest System (NFS) Units Rescission Allotment NEPA Schedule. Page 1 of 69 RESCISSIONS ACT OF 1995 P.L. 104-19, Section 504 NATIONAL ALLOTMENT NEPA SCHEDULE OVERVIEW Introduction The Rescissions Act (P.L. 104-19) became law on July 27, 1995. Section 504 addresses allotment analysis, grazing permit issuance, and compliance with National Environmental Policy Act (NEPA) and other environmental laws. The Rescissions Act does not expire nor does the Rescissions Act set a timeframe for completion of the allotment NEPA analysis. Section 504 has the following requirements: Subsection (a) of section 504 states that “…each NFS unit shall establish and adhere to a schedule for the completion of NEPA analysis and decisions on all allotments for which NEPA analysis is needed.” Section 504(a) requires the Forest Service to 1) determine which grazing allotments need NEPA analysis and documentation in order to support the continuation of permitted grazing activity; 2) develop a schedule for each NFS unit for the completion of the NEPA analysis and documentation on those allotments where NEPA analysis is needed; and 3) adhere to the schedule. Subsection (b) of section 504 provides guidance for issuing term grazing permits pending NEPA compliance “…term grazing permits which expire or are waived before the NEPA analysis and decision pursuant to the schedule… shall be issued on the same terms and conditions and for the full term of the waived or expired permits. Upon completion of the scheduled NEPA analysis and decision for the allotment, the terms and conditions of existing grazing permits may be modified or re-issued, if necessary to conform to such NEPA analysis.” Background In 1996, Forest Service’s Washington Office rangelands management staff published a NEPA Allotment Schedule with information provided from the Regions, to comply with the Rescissions Act of 1995. That schedule displayed information for allotments in need of NEPA Analysis during a 15-year span, from 1996 to 2010. The 1996 National Allotment NEPA Schedule identified a tremendous NEPA workload with 6,886 allotments (out of a total of approximately 9,400 allotments). At that time, Forest Service Chief Thomas cautioned that the schedule was based on a funding level similar to the President’s fiscal year 1996 budget, and further advised that the schedule would be updated as needed. In 2002, litigants successfully argued in two court cases that the agency had no authority to modify the original allotment NEPA schedule produced under section 504(a) of the Rescissions Act, and no authority to renew a grazing permit under section 504(b) of the Act, if the agency had failed to adhere to the original schedule for NEPA analysis of that allotment (Greater Yellowstone Coalition, et al. v. Bosworth; and Western Watersheds Project and Idaho Conservation League v. Sawtooth National Forest, et al.). In response to that litigation, Congress provided additional direction concerning grazing permits in several appropriations bills, including the 2004 Interior Appropriations Act (P.L. 108-108), Section 325. Specifically, Section 325 clarified that strict adherence to the original allotment NEPA schedule is not required. Section 325 provided the following direction: “that notwithstanding Section 504 of the Rescissions Act (109 Stat. 212), the Secretaries in their sole discretion determine the priority and timing for completing required environmental analysis of grazing allotments based on the environmental significance of the allotments and funding available to the Secretaries for this purpose”. Subsequent appropriation laws have reiterated this Congressional intent. Page 2 of 69 The provisions within Section 325 of Public Law 108-108 clarified Congressional intent and ratified that the Secretary has the authority to update the 1996 NEPA Allotment Schedule. Consequently, under this provision, the Forest Service has the discretion to periodically update the schedule and reprioritize timing of when and which allotments will be done based on emerging environmental issues and available funding for NEPA analyses. Similar to the Rescissions Act, section 325 directed that grazing permits that expired, transferred or were waived prior to the end of fiscal year 2008 be renewed and that the terms and conditions contained in the expired, transferred or waived permit continue in effect until the agency completes the NEPA analysis for the allotment(s) and complies with all applicable laws. Updating and Maintenance of Allotment NEPA Schedule The 1996 NEPA Allotment Schedule addressed a 15-year span, from 1996 to 2010, that included 6,886 allotments out of a total of 9,400 allotments. By the end of 2007, NFS units were able to complete NEPA analysis on over 5,500 allotments. However, the NEPA Allotment Schedule displayed in the ambitious 1996 schedule was not completed as projected by all NFS units due to fluctuating budgets, limited staffing and changes in the agency’s program priorities. On September 23, 2008, Deputy Chief Holtrop directed the Regional Foresters to provide updates for their assigned NFS unit’s in order for the Rangelands Management Staff to publish a current NEPA Allotment Schedule that would include a 9-year span, from 2008 to 2016. This NEPA Allotment Schedule updated the 1996 schedule to account for local adjustment relative to priority of allotments, and timing, due to funding issues, emerging issues and changing environmental significance, just as Chief Thomas had advised. The new NEPA Allotment Schedule would also include some allotments with prior NEPA that needed re- analysis and documentation due to emerging environmental issues and/or changed conditions. The 2008 NEPA Allotment Schedule displayed a total of 3,897 allotments needing NEPA analysis. On June 10, 2010, Deputy Chief Holtrop again directed the Regional Foresters to provide updates for their assigned NFS unit’s in order for the Rangelands Management Staff to publish a current NEPA Allotment Schedule that would include a new 9-year span, from 2011 to 2019. The 2011 NEPA Allotment Schedule displayed a total of 3,605 allotments needing NEPA analysis. On September 23, 2013, Deputy Chief Weldon directed the Regional Foresters to provide updates for their assigned NFS unit’s in order for the Rangelands Management Staff to again publish a current NEPA Allotment Schedule. At that time, it was decided to create a schedule that would include a 12-year span, from 2014 to 2025. This would allow an additional 3-year cycle to be displayed in the current NEPA Allotment Schedule. The 2014 NEPA Allotment Schedule displays a total of 3,782 allotments needing NEPA analysis. On September 16, 2016, Deputy Chief Weldon directed the Regional Foresters to provide updates for their assigned NFS unit’s in order for the Rangelands Management Staff to again publish a current NEPA Allotment Schedule. At that time, it was decided to create a schedule that would include a 12-year span, from 2017 to 2028. This would allow an additional 3-year cycle to be displayed in the current NEPA Allotment Schedule. This document displays the current NEPA Allotment Schedule for a 12-year span, with four 3-year cycles (2016-2018, 2019-2021, 2022-2025, and 2006-2028). The updates provided for each Region have been compiled to create a National Summary, Regional Summary and listing of allotments for each of the four 3-year cycles for each Region (Regions 1-6, 8 and 9). An Appendix is also included to display the Total Agency NEPA Decision accomplishments completed since 1996 to present. Some NFS units as well as allotments were and continue to get consolidated and/or reorganized, creating some discrepancies between previous versions of the NEPA Allotment Schedule. Page 3 of 69 An updated NEPA Allotment Schedule will continue to be published at the end of the third year, for each 3- year cycle. Summary The Regions and NFS units have taken an aggressive approach for completing allotment NEPA analysis and documentation on allotments where NEPA analysis is needed, and have made significant progress. Data from data report dated 11/3/16 shows NEPA analysis has been completed 7,377 allotment or over 75% of all allotments. From the 1996 version of the schedule, 5,257 allotment decisions have been signed or over 77% of this list. Allotment NEPA planning and management is a dynamic on-going process due to fluctuations in budget, emerging issues, and changing environmental conditions; thus, there will continue to be a NEPA workload to accomplish in the future. This updated allotment NEPA schedule will focus agency efforts on the allotment NEPA workload, and reduce the backlog of allotments still requiring NEPA analysis and documentation. Page 4 of 69 REGIONAL ALLOTMENT NEPA SCHEUDLE SUMMARIES Page 5 of 69 NORTHERN REGION (R1) Region Allotment NEPA Forest Ranger District Name Allotment Name ID Schedule District 010206 MADISON RANGER DISTRICT 20251 EUREKA BASIN 2019 010206 MADISON RANGER DISTRICT 20149 LONG-POLE CREEK 2019 010206 MADISON RANGER DISTRICT 20120 ROBB CREEK 2019 010206 MADISON RANGER DISTRICT 20252 SOUTHWEST CORNER 2019 010208 PINTLER RANGER DISTRICT 90318 BARTON WILLOW 2019 010208 PINTLER RANGER DISTRICT 90330 GROUSE GULCH 2019 010208 PINTLER RANGER DISTRICT 90312 HARVEY MOYIE 2019 010208 PINTLER RANGER DISTRICT 90321 KOMICH 2019