[Federal Register Volume 73, Number 41 (Friday, February 29, 2008)]
[Notices]
[Pages 11088-11091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-882]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 /
Notices
[[Page 11088]]
DEPARTMENT OF AGRICULTURE
Forest Service
Apache-Sitgreaves National Forests, Apache, Greenlee and Navajo
Counties, AZ; Apache-Sitgreaves National Forests Public Motorized
Travel Management Plan
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement;
Correction.
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SUMMARY: On October 10, 2007, the Federal Register published a Notice
of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for
the Motorized Travel Management Plan on the Apache-Sitgreaves National
Forests (72 FR 57514-57517). On October 31, 2007, the Federal Register
published a corrected NOI for that document (72 FR 61607). The Apache-
Sitgreaves National Forests then conducted five public meetings in
November 2007, to present the proposed action. After careful and
deliberate consideration of public input received during those
meetings, the Forests Supervisor decided to modify the proposed action.
As a result, the Forest Service is hereby entirely revising both NOI
documents, Federal Register of October 10, 2007 (72 FR 57514-57517) and
Federal Register of October 31, 2007 (72 FR 61607), to read as follows.
Revision: The Forest Service proposes to designate which routes
(roads and trails) and areas on federal lands administered by the
Forest Service within the Apache-Sitgreaves National Forests (Forests)
are open to motorized travel. In doing so, the agency will comply with
the requirements of the Forest Service 2005 Travel Management Rule. The
Forest Service will produce a Motorized Vehicle Use Map (MVUM) that
reveals those routes and areas on the Forests that are open to
motorized travel. The MVUM will be the primary tool used to determine
compliance and enforcement with motor vehicle use designations on the
ground. Existing routes, user-created routes and areas not designated
as open on the MVUM will be legally closed to motorized travel except
as allowed by permit or other authorization. Cross-country motorized
travel will be prohibited except by special permit. The decisions on
motorized travel do not include over-snow travel or existing winter-use
recreation and will not change the management of or restrict non-
motorized methods of travel on the Forests.
DATES: Submit written or electronic issues and concerns related to the
proposed action by March 14, 2008. The draft environmental impact
statement is expected to be released in January 2009 and the final
environmental impact statement is expected in April 2009.
ADDRESSES: Send written issues and concerns to Travel Management,
Apache-Sitgreaves National Forests, P.O. Box 640, Springerville, AZ
85938. Electronic comments may be sent to [email protected] with ``Travel Management'' in the subject line.
Electronic comments must be readable in Microsoft Word (.doc), rich
text (.rtf), Portable Document Format (pdf), text (.txt) or hypertext
markup language (.html).
FOR FURTHER INFORMATION CONTACT: Jim Copeland, Team Leader at (928)
333-4301/(923) 339-4384.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The purpose of this action is to improve management of motorized
(36 CFR 212.1, Motor Vehicle) vehicle travel on National Forest System
(NFS) lands within the Apache-Sitgreaves National Forests (Forests) in
accordance with provisions identified in 36 CFR parts 212, 251, 261,
and 295 Travel Management; Designated Routes and Areas for Motor
Vehicle Use; Final Rule. Currently, wheeled motorized vehicle travel by
the public is not prohibited off designated routes except by signed
Forests Orders. The number of user created routes continues to grow
each year, with many routes having environmental impacts and safety
concerns that have not been addressed. Therefore, there is a need to
manage the Forests' transportation system in a sustainable manner
through designation of NFS roads, motorized NFS trails, and areas for
motor vehicle use, and the prohibition of motorized cross-country
travel (except by permit or special order).
Proposed Action
The proposed action is to designate roads, trails, and areas open
to motorized travel on lands administered by the Apache-Sitgreaves
National Forests (Forests). Where it is appropriate and necessary, the
designations will also specify seasons of use, type of vehicle(s)
permitted, and types of use for those roads, trails, and areas. In
doing so, the Forests will comply with requirements of the Forest
Service 2005 Travel Management Rule (36 CFR part 212). As a result of
these travel management decisions, the Forests will produce a Motorized
Vehicle Use Map (MVUM) depicting those routes and areas on the Apache-
Sitgreaves National Forests that are open to motorized travel.
In order to implement the proposed action, it will be necessary to
amend some existing direction and terminology in the 1987 Apache-
Sitgreaves National Forests Land and Resource Management Plan, as
amended. These changes to the Forests Plan direction would be enduring
changes and would apply to this decision and all subsequent project
decisions unless and until further modified.
The Forests' public transportation system open to motorized travel
under this proposal would be approximately 2,961 miles. Currently used
closed roads (roads identified as closed in the Forests' database) and
user created roads not identified as open under this proposal would no
longer be open to public motorized use. Specifically, this proposed
public motorized transportation system would allow for a balance
between various recreational and commercial uses of the Forests. It
would provide for various forms of reasonable motorized use on a
designated system of routes in a responsible manner that addresses
multiple resource concerns.
The proposed public motorized transportation system is depicted in
detail on five maps, one for each Ranger District, collectively
referred to as the Apache-Sitgreaves National Forests Public Motorized
Travel Management Plan Modified Proposed Action Map, is located on the
Forests' Web Site: http://
[[Page 11089]]
www.fs.fed.us/r3/asnf/projects/travel-management.shtml. In addition,
maps will be available for viewing at:
Supervisor's Office, 30 South Chiricahua St., Springerville, AZ.
Alpine Ranger District, Junction Hwy 180 & 191, Alpine, AZ.
Black Mesa Ranger District, 2748 E. Hwy 260, Overgaard, AZ.
Clifton Ranger District, 397240 AZ 75, Duncan, AZ.
Springerville Ranger District, 165 S. Mountain Ave., Springerville, AZ.
Lakeside Ranger District, 2022 W. White Mountain Blvd., Lakeside, AZ.
Other existing routes not shown on this map would not be open to
public motorized travel. New routes would not be created except by
written decision of an authorized Forest Service official. Unauthorized
new routes would not be approved for public travel. If this proposal is
selected for implementation, the information on this map would become
the Motor Vehicle Use Map (MVUM) required by regulation and agency
policy.
Under this proposal most of the proposed public motorized
transportation system routes would occur on existing National Forest
System (NFS) routes currently open to the public for motorized travel.
This proposal also includes designation of some currently unauthorized
user-created routes to connect existing NFS routes.
Approximately 1,956 miles of NFS roads would be designated for
mixed-use as ``roads open to all vehicles.'' NFS roads not considered
for mixed-use would be designated as ``roads open to highway legal
vehicles only'' (695 miles), or ``routes open only to vehicles
50 or less in width'' (310 miles).
This proposal would allow cross-country motorized big game
retrieval (MBGR), up to 1 mile from a designated route, of legally
harvested and properly tagged elk and mule deer during certain seasons,
in certain Game Management Units, during certain times of the day. The
intent of this segment of the proposal is to reduce spoilage and waste
by providing reasonable access to downed animals that are difficult to
move long distances without motorized assistance. This proposal would
also allow Arizona Challenged Hunter Access/Mobility Permit (CHAMP)
holders the ability for cross-country motorized game retrieval, up to 1
mile from a designated route, of legally harvested and properly tagged
elk, mule deer, and black bear. Cross-country MBGR will be subject to
other existing regulations intended to protect natural and/or heritage
resources. This includes compliance with regulations addressing use of
vehicles off roads (36 CFR 261.15), National Forest Wilderness (36 CFR
261.18), and National Forest Primitive Areas (36 CFR 261.21), as well
as other applicable laws and regulations. No MBGR will be allowed in
Wilderness or Primitive areas. Motorized cross-country retrieval of
other game animals would not be allowed under this proposal because
these animals are small enough to retrieve without motorized
assistance. This proposal is consistent with 36 CFR 212.51(8)(b) and
the recommendation from Arizona Game and Fish Department.
Roadside parking within vehicle length from the shoulder of
designated routes is proposed, unless otherwise posted on-the-ground
and provided it is safe to do so and without causing damage to NFS
resources or facilities. this would allow the public to access many
traditionally used dispersed campsites adjacent to NFS roads or within
a short walking distance of those roads.
This proposal would allow dispersed motorized camping in designated
dispersed campsites. Currently, the Forests have identified
approximately 1,612 historically used dispersed camp sites. The Forests
recognize that not all historically used day-use or dispersed camp
sites have been identified and will continue to collaborate with the
public to identify more sites. Motor vehicles would be allowed to
travel the currently established route to designated areas for day-use
parking or dispersed camping. This would allow for reasonable
recreational use of NFS lands while reducing the potential for resource
damage. Designated dispersed campsites would not be displayed on the
MVUM.
This proposal would allow dispersed motorized camping off
designated routes, in certain areas, under certain conditions.
Motorized dispersed camping would be allowed along designated corridor
routes. Designated routes with designated corridor camping would be
displayed on the proposed action maps and would be displayed on the
MVUM. Motorized vehicles would be permitted to travel 300 feet or less
from either side of the centerline of designated corridor routes, using
the most direct route to and from the campsite and the adjacent
designated route. Cross-country motorized travel within the designated
corridors would not be allowed for purposes of searching for or
locating a campsite or other general travel. Currently, the Forests
have identified approximately 938 miles of designated corridors on the
Black Mesa (702 miles), Lakeside (1 mile), Springerville (78 miles),
and Clifton (157 miles) Ranger Districts. The Alpine Ranger District
proposes to meet the intent of the TMR and the needs of the recreating
public by utilizing other strategies such as roadside parking and
designated dispersed day-use and camp sites.
This proposal would allow cross-country motorized travel in eight
designated Areas on the Black Mesa (6 areas) and Lakeside (2 areas)
Ranger Districts that total approximately 5,989 acres. The intent is to
provide expanded motorized travel opportunities in areas with multiple
campsites, but without a defined transportation system. Designated
cross-country travel Areas would be displayed on the MVUM and clearly
marked on the ground.
Possible Alternatives
The initial proposed action presented to the public during
November, 2007, may be included and analyzed in the EIS. In addition,
the EIS will fully describe and evaluate the no action alternative and
a full range of alternatives identified during scoping.
Responsible Official
The Responsible Official is the Forests Supervisor, Apache-
Sitgreaves National Forests, P.O. Box 640, Springerville, AZ 85938.
Nature of Decision To Be Made
Based on the purpose and need for the proposed action, The Forests
Supervisor will evaluate the proposed action and other alternatives in
order to decide whether to adopt and implement the proposed action, an
alternative to the proposed action, or take no action to make changes
to the existing Apache-Sitgreaves National Forests transportation
system. Once the decision is made, the Apache-Sitgreaves National
Forests will publish a Motor Vehicle Use Map (MVUM) identifying the
roads, trails, and areas that are designed for motor vehicle use. The
MVUM shall specify the classes of vehicles and, if appropriate, the
times of year for which use is designated.
Federal land managers are directed (Executive Order 11644, 36 CFR
212, and 43 CFR 8342.1) to provide for public use of routes designated
as open, to ensure that the use of motorized vehicles and off-road
vehicles will be controlled and directed so as to protect the resources
of those lands under their authority, to promote the safety of users,
and to minimize conflicts among various users of federal lands.
[[Page 11090]]
Public Involvement
The Apache-Sitgreaves National Forests hosted and participated in
approximately 26 public meetings and workshops, relating to travel
management and the Travel Analysis Process (TAP), during 2005 to 2007,
across the Forests and local communities. Local citizens, State,
county, local, and tribal governments and other Federal Agencies were
invited to collaborate with the Forests on routes they wanted to remain
open and/or closed or those routes that may be in conflict with other
desired conditions. This preliminary, pre-NEPA public input was
invaluable in helping the Forests develop the initial proposed action.
The Forests then hosted five public meetings to present to the
public the initial proposed action; which was developed considering
access to private lands within NFS lands boundaries, current and
predicted future funding, and access to the Forests for public
motorized and non-motorized recreation. After careful and deliberate
consideration of public input received during those meetings, the
Forests Supervisor decided to modify the initial proposed action.
Scoping Process
Public participation will be especially important at several points
during the analysis. The Forests will be seeking information, comments,
and assistance from Federal, State, and other local agencies and other
individuals or organizations that may be interested in or affected by
the modified proposed action. The Forests will conduct open-house
meetings to inform the public and interested parties on this modified
proposal. Comments on this proposed action will be taken only in
written format during the meetings. The meetings are scheduled at the
following locations, dates and times:
Show Low, AZ--March 6, 2008 (Thursday), from 3 p.m. to 7 p.m. and March
8, 2008 (Saturday), from 9 a.m. to 1 p.m., Show Low Public Library, 180
N. 9th Street.
Springerville, AZ--March 6, 2008 (Thursday), from 4 p.m. to 7 p.m. and
March 8, 2008 (Saturday), from 9 a.m. to 1 p.m., Forest Service
Supervisor's Office Conference Room, 30 South Chiricahua Drive.
Clifton, AZ--March 6, 2008 (Thursday), from 3 p.m. to 7 p.m., Clifton
Community Center, Clifton Train Depot, 100 North Coronado Blvd. (U.S.
Highway 191).
Safford, AZ--March 8, 2008 (Saturday), from 9 a.m. to 1 p.m., Bottom
Floor Assembly Room, Graham County General Services Building, 921
Thatcher Blvd.
Heber, AZ--March 6, 2008 (Thursday), from 4 p.m. to 7 p.m. and March 8,
2008 (Saturday), from 9 a.m. to 1 p.m., Mogollon High School gymnasium,
3450 Mustang Ave.
Alpine, AZ--March 6, 2008 (Thursday), from 3 p.m. to 7 p.m. and March
8, 2008 (Saturday), from 9 a.m. to 1 p.m., Alpine Community Center,
42627 U.S. Highway 180.
Based on comments received as a result of this notice and after the
Forests have conducted public open-house meetings and afforded the
public sufficient time to respond to the modified proposed action, the
Forests will use the public scoping comments and resource related input
from the interdisciplinary team and other agency resource specialists
to develop a set of significant issues to carry forward into the
environmental analysis process.
The draft environmental impact statement (EIS) is expected to be
filed with the Environmental Protection Agency (EPA) and available for
public review in January, 2009. EPA will publish a notice of
availability of the draft EIS in the Federal Register. The comment
period on the draft EIS will extend 45 days from the date the EPA
notice appears in the Federal Register. At that time, the draft EIS
will be posted on the Forests Web Site and copies will be distributed
to interested and affected agencies, organizations, and members of the
public for their review and comment. It is very important that those
interested in the management of the Apache-Sitgreaves National Forests
participate at that time. Those who provide comments during the
official 45-day comment period are eligible to appeal the decision
under 36 CFR part 215. Interest expressed or comments provided on this
project prior to or after the close of the official comment period will
not constitute standing for appeal purposes. Comments must meet the
requirements of 36 CFR 215.6.
The final EIS is scheduled to be completed in April, 2009. In the
final EIS, the Forests are required to respond to substantive comments
received during the draft EIS comment period that pertain to the
environmental consequences discussed in the draft EIS and applicable
laws, regulations, and policies considered in making the decision.
Preliminary Issues
The Forests have received some indications of potential issues from
the initial public involvement process. Those potential issues include:
(1) Resource damage caused by inappropriate types of vehicle use,
(e.g. motorized vehicles in fragile or steep terrain); proliferation of
routes (e.g. parallel trails or roads, continued traffic on closed
roads and travel off designated routes); and continued use during
seasonal restrictions (e.g. routes closed to protect resources during
wet or muddy seasons).
(2) Disturbing or harming wildlife by using routes in important or
critical wildlife habitat areas, too many roads in wildlife habitat
areas, and disturbances to wildlife during critical lifecycle periods.
(3) Concerns about recreational opportunities, including loss of
access to NFS lands for recreational opportunities if cross-country and
existing routes are closed to motorized travel; loss of primitive or
semi-primitive non-motorized recreation opportunities if more routes or
areas are opened to motorized travel; and how to appropriately and
reasonably accommodate the rapidly growing number of motorized users
desiring to use federal lands for recreational riding of OHVs.
(4) Concerns on how the system might be designed to facilitate
effective enforcement.
(5) Safety concerns on routes where multiple vehicle types (e.g.
full-sized trucks and cars, ATVs, motorcycles) are allowed at the same
time.
(6) Impacts to multiple use management of the Forests if routes are
reduced.
(7) Economic impacts to local and surrounding communities.
The Forests recognize that this list of issues is not complete and
will be further defined and refined as scoping continues. The Forests
intend to develop a comprehensive list of significant issues before the
full range of alternatives is developed and the environmental analysis
is begun.
Comment Requested
This revised notice of intent continues the scoping process which
guides the development of the environmental impact statement for the
Apache-Sitgreaves National Forests Public Wheeled Motorized Travel
Management Plan.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: A draft environmental impact statement will be
prepared for comment. The comment period on the draft environmental
impact statement will be 45 days from the date the Environmental
Protection Agency publishes the notice of availability in the Federal
Register.
[[Page 11091]]
The Forest Service believes, at this early stage, it is important
to give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
draft environmental impact statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's position and
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
553 (1978). Also, environmental objections that could be raised at the
draft environmental impact statement stage but that are not raised
until after completion of the final environmental impact statement may
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,
it is very important that those interested in this proposed action
participate by the close of the draft EIS comment period so that
substantive comments and objections are made available to the Forests
at a time when it can meaningfully consider them and respond to them in
the final environmental impact statement.
To assist the Forests in identifying and considering issues and
concerns on the proposed action, comments on the draft environmental
impact statement should be as specific as possible. It is also helpful
if comments refer to specific pages or chapters of the draft statement.
Comments may also address the adequacy of the draft environmental
impact statement or the merits of the alternatives formulated and
discussed in the statement. Reviewers may wish to refer to the Council
on Environmental Quality Regulations for implementing the procedural
provisions of the National Environmental Policy Act at 40 CFR 1503.3 in
addressing these points.
Comments received, including the names and addresses of those who
comment, will be considered part of the public record on this proposal
and will be available for public inspection.
(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21)
Dated: February 20, 2008.
Deryl D. Jevons,
Acting Forests Supervisor, Apache-Sitgreaves National Forests.
[FR Doc. 08-882 Filed 2-28-08; 8:45 am]
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