[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50168-50170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16378]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R6-NWRS-2023-0062; FF06R0ZS00-FXRS12610600000-223]


Intent To Prepare an Updated Bison and Elk Management Plan for 
the National Elk Refuge in Wyoming; Environmental Impact Statement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent; announcement of public meetings; request for 
comments.

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SUMMARY: The U.S. Fish and Wildlife Service (Service), U.S. Department 
of the Interior, intends to prepare an updated Bison and Elk Management 
Plan (BEMP) and environmental impact statement (EIS) for the National 
Elk Refuge (NER). The BEMP describes the Service's proposal for the 
management of the Jackson bison and elk populations within their 
respective jurisdictions with the goal of ensuring sustainable and 
healthy herds; an EIS will be prepared pursuant to the National 
Environmental Policy Act of 1969 to evaluate the potential 
environmental impacts of the BEMP. We invite input from other Federal 
and State agencies, Tribes, nongovernmental organizations, private 
sector businesses, and members of the public on the scope of the EIS, 
alternatives to our proposed approaches for the management of bison and 
elk on the NER, and the pertinent issues that we should address in the 
EIS.

DATES: 
    Comment submission: To ensure consideration of written comments, 
they must be received on or before August 31, 2023. Comments submitted 
online at https://www.regulations.gov (see ADDRESSES) must be received 
by 11:59 p.m. eastern time on the closing date.
    Public meetings: We will hold public scoping meetings on August 21 
and 22, 2023 in Jackson, Wyoming, and Pinedale, Wyoming, respectively. 
In addition, we will present a public webinar on August 23, 2023. 
Additional information regarding these scoping sessions, including the 
times and venues, and other scoping materials will be available on our 
website at https://www.fws.gov/project/upcoming-bison-elk-management-plan. Persons wishing to participate in the public scoping meetings who 
need special accommodations should contact Alice Lee at [email protected] by August 14, 2023.

ADDRESSES: Comment submission: You may submit written comments by one 
of the following methods. Please do not submit comments by both 
methods.
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments to Docket No. FWS-R6-NWRS-2023-
0062.
     United States mail: Public Comments Processing, Attn: FWS-
R6-NWRS-2023-0062; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803. Please note in your 
submission that your comments are regarding the U.S. Fish and Wildlife 
Service's Bison and Elk Management Plan.
    We will post all information received on https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see Availability of Comments below 
for more information).
    Public meetings: We will hold public scoping meetings on August 21 
and 22, 2023, in Jackson, Wyoming, and Pinedale, Wyoming, respectively. 
Additional information regarding these scoping sessions, including the 
times and venues, and other scoping materials will be available on our 
website at https://www.fws.gov/project/upcoming-bison-elk-management-plan. In addition, we will present a public webinar on August 23, 2023. 
Information regarding registration for the webinar can be found at 
https://www.fws.gov/project/upcoming-bison-elk-management-plan.

FOR FURTHER INFORMATION CONTACT: Alice Lee, Conservation Planner, by 
phone at 720-601-1821 or via email at [email protected]. 
Individuals in the United States who are

[[Page 50169]]

deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Background

    The National Elk Refuge (NER) is located north of Jackson, Wyoming 
and is part of the southern portion of the Greater Yellowstone 
Ecosystem. The NER comprises approximately 24,700 acres. The Jackson 
bison and elk herds make up one of the largest concentrations of free-
ranging ungulates in North America. Currently, these herds number about 
450 bison and 10,600 elk. The herds migrate across several 
jurisdictional boundaries, including NER, Grand Teton National Park, 
southern Yellowstone National Park, Bridger-Teton National Forest, 
Bureau of Land Management resource areas, and State and private lands, 
before they winter primarily on the NER. Given the wide range of 
authorities and interests, the Service has used, and will continue to 
use, a cooperative approach to management planning involving all 
associated Federal agencies and the Wyoming Game and Fish Department 
(WGFD).
    In order to manage the Jackson bison and elk herds on NER, the 
Service worked closely with representatives from the National Park 
Service, U.S. Forest Service, the Animal and Plant Health Inspection 
Service, the Bureau of Land Management, and the WGFD to develop a BEMP. 
The BEMP was finalized in April 2007 after a 9-year public process 
(June 6, 2007, 72 FR 31339). The 2007 BEMP outlined the desired future 
conditions, management goals, objectives, and strategies for managing 
the Jackson bison and elk herds on the NER and Grand Teton National 
Park for 15 years. The BEMP called for reducing the number of elk 
wintering on the NER to 5,000 and reducing the number of bison to 500. 
One of the goals was a sustainable population of elk and bison that are 
healthy and able to adapt to changing conditions in the environment and 
that are at reduced risk from the adverse effect of non-endemic 
disease.
    Following the BEMP, a Step-down Plan was finalized by the Service 
in December 2019 consistent with the 2007 BEMP. This Step-down Plan 
provides guidance to adaptively manage bison and elk herds to meet the 
goals and objectives outlined in the BEMP, specifically to reduce the 
number of elk wintering on NER and subsequently reduce reliance on 
supplemental feeding. Reducing feed season length has been the 
principal method of choice to achieve this goal.

Purpose and Need for Agency Action

    More than 15 years have elapsed since the 2007 BEMP was finalized. 
In addition, the 2019 Step-down Plan reducing supplemental feeding on 
the NER ends in December 2024. The purpose and need of the updated BEMP 
will be to address changed conditions and newly available scientific 
information for bison and elk management, including supplemental winter 
feeding, hunting, disease management, and habitat conservation. The 
BEMP will set updated desired conditions, management goals, objectives, 
and strategies to guide the management of bison and elk on the NER and 
work towards a goal of a healthy sustainable population of bison and 
elk on NER.

NEPA Analysis of Agency Actions

    The National Environmental Policy Act (NEPA; 42 U.S.C. 4321-4347) 
requires Federal agencies to undertake an assessment of the 
environmental effects of any proposed action prior to making a final 
decision and implementing the decision. NEPA also established the 
Council on Environmental Quality (CEQ), which issued regulations 
implementing the procedural provisions of NEPA (40 CFR parts 1500-
1508). The Service has regulatory authority under the National Wildlife 
Refuge System Administration Act to manage the NER. Establishing a BEMP 
is a Federal action requiring review under NEPA.
    Consistent with CEQ guidance for implementing NEPA, we intend to 
complete an EIS to consider approaches to manage bison and elk on the 
NER. The EIS will address the potential environmental impacts of a 
range of reasonable alternatives. The potential environmental impacts 
assessed in the EIS would include the effects on bison and elk from 
management measures; effects on other environmental resources such as 
federally listed species; cultural and Tribal resources; potential 
socioeconomic effects, including impacts on economic activities such as 
tourism, agriculture, and hunting; and effects on a range of other 
resources identified through internal and external scoping. We will 
address our compliance with other applicable authorities in our NEPA 
review.

Responsibilities to Tribes

    The Service has unique responsibilities to Tribes, including under 
the National Historic Preservation Act (16 U.S.C. 470 et seq.); the 
American Indian Religious Freedom Act (42 U.S.C. 1996); Native American 
Grave Protection and Repatriation Act (25 U.S.C. 3001); Religious 
Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.); Joint 
Secretarial Order 3403, Fulfilling the Trust Responsibility to Indian 
Tribes in the Stewardship of Federal Lands and Waters (November 15, 
2021); Secretarial Order 3206, American Indian Tribal Rights, Federal-
Tribal Trust Responsibilities, and the ESA (June 5, 1997); Executive 
Order 13007, Indian Sacred Sites (61 FR 26771, May 29, 1996); and the 
agency's Native American Policies. We apply the term ``Tribal'' or 
``Tribe(s)'' generally to federally recognized Tribes and Alaska Native 
Tribal entities.
    The Service will consult and collaborate with Tribes on the 
proposals set forth in this document. We will also ensure that those 
Tribes wishing to engage directly in the NEPA process will have the 
opportunity to do so. As part of this process, we will protect the 
confidential nature of any consultations and other communications we 
have with Tribes, to the extent permitted by the Freedom of Information 
Act and other laws.

Potential Alternatives

    We will be considering a range of reasonable alternatives for 
management of bison and elk on the NER that potentially include 
management measures such as winter feeding, hunting, disease 
management, and habitat conservation. These approaches may be 
considered separately or in any combination in the EIS.
    Under the no-action alternative, the Service would continue to 
manage bison and elk on the NER based on the 2007 BEMP.

Scoping Process

    In accordance with NEPA, we are conducting a public scoping process 
to invite input on the range of alternatives and issues to be addressed 
during the preparation of the EIS. Scoping is an early and open process 
for determining the scope of issues to be addressed and identifying 
issues that should be considered in selecting an alternative for 
implementation. To that end, during the scoping process, we are 
inviting input from other interested government agencies, Native 
American Tribes, the scientific community, industry, nongovernmental 
organizations,

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members of the public, and other interested parties. We solicit input 
on the following issues:
    1. The alternatives considered for managing bison and elk on the 
NER.
    2. Other alternatives, or combinations of alternatives, that should 
be considered with respect to managing bison and elk on the NER.
    3. Specific requirements for NEPA analyses related to the proposed 
action and alternatives.
    4. Considerations for evaluating the significance of impacts on 
bison and other affected resources, such as other listed or sensitive 
wildlife and plant species, cultural resources, and socioeconomic 
resources or activities.
    5. Information and analyses regarding other resources that may be 
affected by the proposed action.
    6. Considerations for evaluating the interactions between affected 
natural resources.
    7. Considerations for evaluating the impacts on species, locations, 
or other resources of religious or cultural significance for Tribes and 
impacts on cultural values from the actions being considered.
    8. Considerations for evaluating climate change effects on bison, 
elk, and other affected resources.
    9. Integrating the management of bison and elk with existing 
guidance and plans, such as the NER's Comprehensive Conservation Plan.

Schedule for the Decision-Making Process

    After the scoping period is completed, the Service will develop a 
draft EIS. The Service currently expects to issue the Notice of 
Availability for the draft EIS in August 2024 to begin a 45-day public 
comment period. After the public comment period ends, the Service will 
review and respond to comments received and will develop the final EIS. 
The Service currently expects to make the final EIS available to the 
public in July 2025. A ROD will be completed no sooner than 30 days 
after the final EIS is released, in accordance with 40 CFR 1506.11.

Availability of Comments

    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on https://www.regulations.gov. All 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be made available for public disclosure in their 
entirety.

Matthew J. Hogan,
Regional Director, Mountain-Prairie Region.
[FR Doc. 2023-16378 Filed 7-31-23; 8:45 am]
BILLING CODE 4333-15-P