Notice2022-01865

Notice of Intent To Prepare an Environmental Impact Statement for a Bison Management Plan for Yellowstone National Park, Idaho, Montana, Wyoming

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
January 28, 2022

Issuing agencies

Interior DepartmentNational Park Service

Abstract

The National Park Service is preparing an Environmental Impact Statement in accordance with the National Environmental Policy Act (NEPA) for a Bison Management Plan for Yellowstone National Park.

Full Text

<html>
<head>
<title>Federal Register, Volume 87 Issue 19 (Friday, January 28, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Pages 4653-4656]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01865]



[[Page 4653]]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

 National Park Service

[NPS-IMR-YELL-33194; PPWONRADE2, PMP00EI05.YP0000]


Notice of Intent To Prepare an Environmental Impact Statement for 
a Bison Management Plan for Yellowstone National Park, Idaho, Montana, 
Wyoming

AGENCY: National Park Service, Interior.

ACTION: Notice of intent to prepare an environmental impact statement.

-----------------------------------------------------------------------

SUMMARY: The National Park Service is preparing an Environmental Impact 
Statement in accordance with the National Environmental Policy Act 
(NEPA) for a Bison Management Plan for Yellowstone National Park.

DATES: The National Park Service requests comments concerning the scope 
of the analysis, and identification of potential alternatives, 
information, and analyses relevant to the planning process. All 
comments must be received or postmarked by February 28, 2022.

ADDRESSES: Information will be available for public review and comment 
online at <a href="https://parkplanning.nps.gov/YellowstonebisonEIS">https://parkplanning.nps.gov/YellowstonebisonEIS</a>. You may 
also mail your written comments to the Office of the Superintendent, 
P.O. Box 168, Yellowstone National Park, WY 82190-0168.

FOR FURTHER INFORMATION CONTACT: Morgan Warthin, Public Affairs 
Specialist, Yellowstone National Park, 307-344-2010, 
<a href="/cdn-cgi/l/email-protection#7c11130e1b1d12230b1d0e081415123c120c0f521b130a"><span class="__cf_email__" data-cfemail="bcd1d3cedbddd2e3cbddcec8d4d5d2fcd2cccf92dbd3ca">[email&#160;protected]</span></a>. Individuals who use telecommunication devices 
for the deaf (TDD) may call the Federal Information Relay Service 
(FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Time, 
Monday through Friday.

SUPPLEMENTARY INFORMATION:

Scope and Purpose and Need

    The plan will focus on actions the National Park Service (NPS) may 
take to manage bison within Yellowstone National Park (the park) and 
consolidate various actions and environmental compliance analyses 
conducted over the past two decades into a contemporary plan. Other 
tribal and governmental agencies play important roles in bison 
management outside of the park, and the NPS intends to continue to work 
cooperatively with these groups as appropriate.
    The purpose of the plan is to preserve an ecologically sustainable 
population of wild, migratory bison while continuing to work with 
partners to address brucellosis transmission, human safety, property 
damage, and support tribal hunting outside of the park.
    Action is needed because new information obtained since the 
approval of the Interagency Bison Management Plan (IBMP) in 2000 
indicates some of the premises regarding disease transmission in the 
initial plan were incorrect or changed over time. In addition, there 
are fewer cattle near the park and Federal and State disease regulators 
have taken steps to lessen the economic impacts of brucellosis 
outbreaks in cattle. Since 2006, seven tribes have hunted bison on 
national forest lands adjacent to the park pursuant to long-standing 
treaties with the Federal Government.

Preliminary Alternatives Under Consideration

    The NPS's proposed action is to prepare and implement a new plan 
that provides Yellowstone National Park with tools to manage bison that 
reflect the best available information and current circumstances on the 
ground. The alternatives have been developed by taking into 
consideration management actions that could occur on lands outside the 
park in Montana. The alternatives describe external actions that could 
enhance management efforts inside the park, while acknowledging the NPS 
does not have jurisdiction or control over actions beyond the park 
boundary such as hunting, construction of capture or quarantine 
facilities, or tolerance for bison. Descriptions of external actions is 
not an endorsement or commitment from partners.

Actions Common to All Alternatives

    Beginning in 2014, twenty-eight First Nations and Tribes signed The 
Buffalo: A Treaty of Cooperation, Renewal and Restoration to restore 
buffalo to their rightful place in the First Nations' and Tribes' 
respective cultures and territories. In 2016, these Buffalo Nations 
provided the Secretary of the Interior with a resolution supporting the 
Bison Conservation and Transfer Program (BCTP) in Yellowstone National 
Park. In 2020, they also conveyed their support for the Department of 
the Interior's Bison Conservation Initiative and offered to collaborate 
with the Department and others through shared stewardship to bring this 
vision into reality. The NPS will continue to support the 2014 Buffalo 
Treaty and 2020 Bison Conservation Initiative by engaging Buffalo 
Nations associated with Yellowstone bison to explore ways to increase 
the efficiency and safety of hunting outside the park and increase the 
restoration of brucellosis-free bison to tribal and public lands. Other 
Federal and State IBMP partners would inform this vision with the U.S. 
Forest Service and Montana Fish, Wildlife & Parks participating in 
consultations about hunting and the Animal and Plant Health Inspection 
Service (APHIS) and Montana Department of Livestock participating in 
consultations about the BCTP.
    Research by park scientists and collaborators has determined there 
is sufficient forage in the park to sustain the numbers of bison 
described in the preliminary alternatives. They used state-of-the-art 
technology to analyze satellite images and conservatively estimate the 
amount of plant forage produced in non-forested areas. They determined 
that all the grazers combined, including bison, elk, pronghorn, mule 
deer, and bighorn sheep, would not consume more than half of the plant 
material produced during most years. There is considerable complexity 
around these estimates, however, due to large variations in weather and 
grass production from year-to-year. As a result, scientists will 
continue to monitor and adapt these estimates.
    Adaptive management is a key concept that would be incorporated 
into all the preliminary alternatives. Under adaptive management, 
biologists establish desired conditions, evaluate current conditions, 
identify undesired trends, implement management actions, monitor 
progress towards desired conditions, and adjust actions to improve 
progress. The NPS and other Federal and State agencies and tribes 
involved with the IBMP have used this process to inform decision-making 
and adjust bison management. The NPS would continue to implement 
monitoring and research to obtain timely information and adjust 
conservation and management activities.
    Operations plans would continue to serve as the main mechanism for 
describing, implementing, and adjusting commitments and agreements for 
the cooperative management of Yellowstone bison across jurisdictions. 
Under each alternative, managers from the NPS would continue to meet 
with the other Federal, State, and Tribal agencies to coordinate bison 
management using the existing framework and partnership protocols for 
the IBMP. The NPS would continue to prepare annual assessments of the 
status of the bison population and propose adjustments to adaptive 
management and operations plans based

[[Page 4654]]

on the selected alternative in the record of decision resulting from 
this process.
    When Yellowstone bison cross the boundary of the park into 
surrounding states, they are no longer under the jurisdiction of the 
NPS. Instead, their management is the prerogative of the respective 
state and the U.S. Forest Service on National Forest System lands. The 
NPS would continue to work with the State of Montana, Custer Gallatin 
National Forest, and private landowners to increase tolerance for bison 
on suitable lands outside the park where a low risk of brucellosis 
transmission to cattle can be maintained. In addition, the NPS would 
continue to explore other activities with partners to advance the 
purpose of this plan, such as construction of additional quarantine 
facilities, use of temporary trapping facilities near the edge of 
management (tolerance) areas, and streamlining brucellosis testing 
protocols and quarantine periods for the BCTP.
    Preliminary alternatives being considered are as follows:

Alternative 1--No Action Alternative--Current Management

    The NPS would continue to manage bison pursuant to the 2000 IBMP as 
adaptively adjusted and implemented through consensus decisions and 
annual operations plans by the agencies involved with bison management. 
Other members of the IBMP include APHIS, Confederated Salish and 
Kootenai Tribes of the Flathead Nation, U.S. Forest Service (Custer 
Gallatin National Forest), InterTribal Buffalo Council, Nez Perce 
Tribe, and State of Montana (Department of Livestock; Fish, Wildlife & 
Parks). The NPS would maintain a population range of bison similar to 
the last two decades (3,500 to 5,000 after calving).
    IBMP managers have made consensus decisions about population 
targets since 2013 that led to a bison population averaging nearly 
4,200 at the end of winter and 5,000 animals after calving. Managers 
agreed to these numbers because of increased tolerance for bison 
outside the park, balancing hunting outside the park with capturing 
animals for slaughter inside the park, developing a transfer program to 
relocate bison to tribes, and continued success limiting bison-related 
conflicts outside the park. The IBMP partners have 20 years of 
experience managing bison at higher numbers with no brucellosis 
transmission to cattle and fewer property and safety conflicts over 
time. The larger numbers conserved also have supported bison as a 
meaningful component of the food web influencing energy and nutrient 
transfer throughout the ecosystem, improved visitor experience by 
providing an unparalleled opportunity to view large herds of free-
roaming bison, and ensured gene flow and conservation of existing 
genetic diversity.
    Under this alternative, bison would be allowed to exit the park 
into established northern and western management zones in Montana, and 
numbers and distribution would be regulated by captures for quarantine 
or shipment to slaughter and public and tribal harvests primarily on 
national forest lands near the park boundary. The NPS, in consultation 
with the tribes and informed by other agencies, would adaptively adjust 
removals and population size based on assessments of the status of the 
population and bison movements in and outside the park. Within the 
park, management of bison such as capture, hazing, and quarantine would 
generally occur near the boundary. However, the NPS may haze bison as 
necessary outside the park by working with partners to reduce conflicts 
with cattle, people, and property. Hazing involves moving bison away 
from an area where they are not wanted such as developed areas, 
highways, or private property using people on foot, on horseback, or in 
vehicles. Disease surveillance would continue to be conducted on bison 
placed in the BCTP and some bison shipped to slaughter or harvested 
outside the park.
    Under this alternative, the NPS would rely substantially on 
captures of migrating bison at Stephens Creek (inside the northern 
boundary of the park) and shipments of bison to slaughter to regulate 
numbers and provide bison to tribes. If space is available, some bison 
testing negative for previous brucellosis exposure would be placed in 
quarantine as part of the BCTP to increase the number of live 
brucellosis-free animals relocated to the Fort Peck Indian Reservation 
in northeastern Montana and eventually other tribal lands. If space is 
not available, these bison would be shipped to slaughter. The NPS would 
continue to work with APHIS and non-governmental organizations to 
increase capacity in the BCTP and lower the number of transfer-eligible 
animals sent to slaughter. These efforts would include doubling the 
size of quarantine pastures in and around Stephens Creek and developing 
necessary water infrastructure to support this expansion as described 
in the Finding of No Significant Impact for the park's 2018 
Environmental Assessment for Bison Quarantine. The NPS would continue 
to coordinate captures at Stephens Creek with tribal harvests outside 
the park to reduce the effects of capture on harvest opportunities and 
continue discussions with the tribes and other agencies to improve 
communication, safety, and handling of bison carcasses.

Alternative 2--Enhance Restoration and Tribal Engagement

    Bison would be managed within a population range of about 4,500 to 
6,000 bison after calving with an emphasis on using the BCTP and tribal 
hunting outside the park to regulate bison numbers. The NPS may use 
proactive measures such as low stress hazing of bison toward the park 
boundary to increase tribal hunting opportunities outside the park. The 
NPS would reduce shipment to slaughter based on the needs and requests 
of tribes. The upper limit of the population range in this alternative 
is somewhat higher than current management under the IBMP over the last 
decade (Alternative 1). Bison would continue to exit the park into 
established northern and western management zones and management of 
bison within the park would be like Alternative 1 regarding criteria 
used for removals, hazing, and disease surveillance. The BCTP and hunt-
trap coordination would continue as in Alternative 1. The NPS may 
collaborate with interested partners to establish additional quarantine 
facilities outside the park. As the BCTP expands and hunter harvests 
increase over a broader area in Montana, the NPS would reduce captures 
for shipments to slaughter.

Alternative 3--Food-Limited Carrying Capacity

    The NPS would rely on natural selection, bison dispersal, and 
public and tribal harvests in Montana as the primary tools to regulate 
bison numbers, which would likely range from 5,500 to 8,000 or more 
bison after calving. Trapping for shipments to slaughter would 
immediately cease. The NPS would continue captures to maintain the BCTP 
as in Alternatives 1 and 2. Under this alternative, the NPS expects a 
large increase in hunting opportunities from increasing population size 
and the elimination of captures for shipments to slaughter. 
Substantially larger harvests would have to occur outside the park for 
this alternative to be effective, which would require public and tribal 
hunters to allow bison to distribute and hunt them across a larger 
landscape. If bison numbers approach the estimated food-limited 
carrying capacity of the park (>8,000 bison), the NPS would reinstitute 
shipments to slaughter as described for Alternatives 1 and 2. Large

[[Page 4655]]

captures may occur more frequently as bison numbers approach or exceed 
carrying capacity. The NPS may haze bison in Yellowstone National Park 
when necessary to protect people and property. Disease surveillance 
would be conducted on some harvested bison.

Summary of Expected Impacts

    Expected impacts within the park boundary from implementation of 
NPS bison management actions include: Potential changes in population 
structure and bison behavior from hazing, culling, and hunting outside 
the park; maintenance of the ecological role provided by bison 
(engineering habitats, redistributing nutrients, altering plant growth 
patterns, improving biodiversity, and providing meat for predators, 
scavengers and decomposers); potential impacts to human health and 
safety; potential impacts on vegetation as a result of bison grazing at 
various population levels; and potential impacts to the visitor 
experience due to closures and bison management operations in and 
around the capture and quarantine facilities within the Park.
    Expected impacts outside of the park boundary from implementation 
of NPS bison management actions include potential changes in: 
Maintaining the low risk of brucellosis spreading from bison to cattle, 
of which there are no documented cases since the IBMP was implemented 
in 2000 due to existing mitigation measures; the number of bison 
available for tribal and public hunting opportunities; the number of 
conflicts between bison and cattle, people, and property; and the 
number of brucellosis-free bison available to be sent to other 
appropriate lands.

Anticipated Permits and Authorizations

    The NPS anticipates consulting with the U.S. Fish and Wildlife 
Service under Section 7 of the Endangered Species Act for potential 
impacts to threatened and endangered species. The NPS will continue to 
participate in the IBMP framework and work cooperatively with its 
partners. the NPS will use and coordinate the NEPA public scoping 
process to help fulfill the public involvement requirements under the 
National Historic Preservation Act (54 U.S.C. 306108) as provided in 36 
CFR 800.2(d)(3). The information about historic and cultural resources 
within the area potentially affected by the alternatives will assist 
the NPS in identifying and evaluating impacts to such resources, and 
consulting with the State Historic Preservation Officer on the 
potential for adverse effects.

Schedule for the Decision-Making Process

    <bullet> Agencies have two years from the date of the issuance of 
the notice of intent to the date a record of decision is signed to 
complete an Environmental Impact Statement (EIS) (40 CFR 1501.10).
    <bullet> The NPS expects to make the Draft EIS available to the 
public in Fall 2022.
    <bullet> After public review and comment, the NPS expects to make 
the Final EIS available to the public in Fall 2023.
    <bullet> At least 30 days after the Final EIS is available, the 
record of decision will be completed in accordance with applicable 
timeframes established in 40 CFR 1506.11.

Public Scoping Process

    This notice of intent initiates the scoping process, which guides 
the development of the EIS. The NPS will host two virtual public 
scoping meetings. During the virtual public scoping meetings, the NPS 
will present information pertinent to the EIS for the Bison Management 
Plan and allow the public to ask questions regarding the scope of 
issues and alternatives that should be considered when preparing the 
EIS. While the NPS will not solicit oral comments at these virtual 
public meetings, written comments may be submitted at any time during 
the scoping process. See the ADDRESSES section (above) and the 
Submitting Comments section (below) for more information. Details 
regarding the exact dates and times of these virtual public scoping 
meetings will be announced on the project website (<a href="https://parkplanning.nps.gov/YellowstonebisonEIS">https://parkplanning.nps.gov/YellowstonebisonEIS</a>) and through local and 
regional media. The virtual public scoping meetings will also be 
announced through email notification, press release, and social media 
to individuals and organizations.

Reasonable Accommodations

    Persons needing reasonable accommodations to attend and participate 
in the virtual public scoping meetings should contact Yellowstone 
National Park's Office of Strategic Communications, using one of the 
methods listed in the FOR FURTHER INFORMATION CONTACT section as soon 
as possible. To allow sufficient time to process requests, please make 
contact no later than one week before the desired virtual public 
meeting.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Planning Process

    The NPS requests possible alternatives, information, and analyses 
from all interested parties. The NPS will consider these comments in 
developing the Draft EIS. Specifically, the NPS is seeking:
    1. Biological information, analyses, and relevant data concerning 
bison and other wildlife;
    2. Potential effects that the alternatives could have on other 
aspects of the human environment, including ecological, aesthetic, 
historic, cultural, economic, social, environmental justice, or health 
effects;
    3. Other possible reasonable alternatives that the NPS should 
consider, including additional or alternative avoidance, minimization, 
and mitigation measures;
    4. Other information relevant to the Bison Management Plan and its 
impacts on the human environment.

Submitting Comments

    If you wish to comment, you may submit comments by the methods 
listed above in the ADDRESSES section. Comments will not be accepted by 
fax, email, or by any method other than those specified above. Bulk 
comments in any format (hard copy or electronic) submitted on behalf of 
others will not be accepted. Comments must be provided prior to the 
close of the comment period and should clearly articulate the 
reviewer's concerns and contentions.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. Comments submitted anonymously will be accepted and 
considered.

Cooperating Agencies

<bullet> U.S. Forest Service, Custer Gallatin National Forest
<bullet> Animal and Plant Health Inspection Service
<bullet> State of Montana (Montana Department of Livestock, Montana 
Fish, Wildlife & Parks)
<bullet> Nez Perce Tribe
<bullet> Intertribal Buffalo Council

[[Page 4656]]

<bullet> Confederated Salish and Kootenai Tribes

    Yellowstone National Park has also invited the following tribes 
with treaty hunting rights to participate as cooperating agencies 
(responses are forthcoming): Blackfeet Tribe of the Blackfeet Indian 
Reservation of Montana, Confederated Tribes of the Umatilla Indian 
Reservation, Crow Tribe of Montana, Northern Arapaho Tribe of the Wind 
River Reservation, Shoshone-Bannock Tribes of the Fort Hall 
Reservation, and the Yakama Nation.

Decision Maker

    The Decision Maker is the NPS Regional Director for Interior 
Regions 6, 7, and 8.

Termination of 2015 EIS Process

    This notice also terminates the EIS for a Management Plan for 
Yellowstone-area Bison initiated by the NPS on March 16, 2015 (80 FR 
13603-13604).
    Authority: 42 U.S.C. et seq.

Michael Reynolds,
Regional Director, Interior Regions 6, 7, & 8.
[FR Doc. 2022-01865 Filed 1-27-22; 8:45 am]
BILLING CODE 4312-52-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Indexed from Federal Register on January 28, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.