[Federal Register Volume 73, Number 92 (Monday, May 12, 2008)]
[Notices]
[Pages 26955-26958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10235]
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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. 92 / Monday, May 12, 2008 / Notices
[[Page 26955]]
DEPARTMENT OF AGRICULTURE
Forest Service
Modoc National Forest, California, Modoc National Forest Public
Wheeled Motorized Travel Management EIS
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent to prepare an Environmental Impact Statement.
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SUMMARY: The Modoc National Forest (Modoc NF) will prepare an
Environmental Impact Statement to disclose the impacts associated with
the following proposed actions:
1. The prohibition of cross-country motorized vehicle travel (with
the exception of snowmobiles) off designated NFS roads, NFS trails and
areas by the public except as allowed by permit or other authorization.
2. Add approximately 339 miles of 1170 existing unauthorized routes
to the current system of National Forest System (NFS) roads and
motorized trails open to the public for wheeled motorized vehicle use
by vehicle class, including seasonal closures on approximately 20 miles
of 74 of the added routes.
3. Make the following changes to existing NFS roads:
a. Prohibit use seasonally on approximately 313 miles of 214
existing NFS roads.
b. Allow non-highway legal vehicle use on approximately 147 miles
of existing NFS roads where such use is currently prohibited.
c. Close NFS road 46B29HB (road along Boles Creek between Clear
Lake and Steel Swamp) to public use.
4. Amend the Modoc NF Land and Resource Management Plan (Modoc
LRMP) for areas not covered under the Sierra Nevada Forest Plan
Amendment by removing the objective ``Keep over 87% of the Forest open
to OHVs (Modoc LRMP p. 4-11)'' and numerous standards and guidelines in
the LRMP regarding keeping areas open for OHV use and include as a
forest-wide standard ``Prohibit wheeled vehicle travel off designated
roads and trails except for administrative use or uses under permitted
activities''.
DATES: The comment period on the proposed action will extend 30 days
from the date the Notice of Intent is published in the Federal
Register.
The Draft Environmental Impact Statement (DEIS) is estimated to be
completed by September 30, 2008 and the Final Environmental Impact
Statement (FEIS) is estimated to be completed by December 31, 2008.
ADDRESSES: Send written comments to: Travel Management Team, Modoc
National Forest, 800 W 12 Street, Alturas, CA 96101. Electronic
comments, in acceptable plain text (.txt), rich text (.rft), or Word
(.doc) may be submitted to [email protected].
FOR FURTHER INFORMATION CONTACT: Kathleen Borovac, Modoc National
Forest, 800 W 12th Street, Alturas, CA 96101. Phone: (530) 233-8754. E-
mail: [email protected]
SUPPLEMENTARY INFORMATION:
Background
Over the past few decades, the availability and capability of
motorized vehicles, particularly off-highway vehicles (OHVs) and sport
utility vehicles (SUVs) has increased tremendously. Nationally, the
number of OHV users has climbed sevenfold in the past 30 years, from
approximately 5 million in 1972 to 36 million in 2000. The ten states
with the largest population also have the most OHV users. California
has 4.35 million OHV users accounting for almost 11% of the U.S. total
(Off-Highway Vehicle Recreation in the United States, Regions and
States: A National Report from the National Survey on Recreation and
the Environment (NSRE) Cordell, Betz, Green and Owens June 2005). There
were 786,914 ATVs and OHV motorcycles registered in 2004, up 330% since
1980. Annual sales of ATVs and OHV motorcycles in California were the
highest in the U.S. for the last 5 years. Four-wheel drive vehicle
sales in California also increased by 1500% to 3,046,866 from 1989 to
2002.
Unmanaged OHV use has resulted in unplanned roads and trails,
erosion, watershed and habitat degradation, and impacts to cultural
resource sites. Compaction and erosion are the primary effects of OHV
use on soils. Riparian areas and aquatic dependent species are
particularly vulnerable to OHV use. Unmanaged recreation, including
impacts from OHVs, is one of ``Four Key Threats Facing the Nation's
Forests and Grasslands.'' (USDA Forest Service, June 2004.)
On August 11, 2003, the Pacific Southwest Region of the Forest
Service entered into a Memorandum of Intent (MOI) with the California
Off-Highway Motor Vehicle Recreation Commission, and the Off-Highway
Motor Vehicle Recreation Division of the California Department of Parks
and Recreation. That MOI set in motion a region-wide effort to ``
Designate OHV roads, trails, and any specifically defined open areas
for motorized wheeled vehicles on maps of the 19 National Forests in
California by 2007.''
On November 9, 2005, the Forest Service published final travel
management regulations in the Federal Register (FR Vol. 70, No. 216---
Nov. 9, 2005, pp. 68264-68291). This final Travel Management Rule
requires designation of those roads, trails, and areas that are open to
motor vehicle use on National Forests. Designations will be made by
class of vehicle and, if appropriate, by time of year. The final rule
prohibits the use of motor vehicles off the designated system as well
as use of motor vehicles on routes and in areas that are not
designated.
On some NFS lands, long managed as open to cross-country motor
vehicle travel, repeated use has resulted in unplanned, unauthorized,
roads and trails. These routes generally developed without
environmental analysis or public involvement, and do not have the same
status as NFS roads and NFS trails included in the forest
transportation system. Nevertheless, some unauthorized routes are well-
sited, provide excellent opportunities for outdoor recreation by
motorized and non-motorized users, and would enhance the National
Forest system of designated roads, trails and areas. Other unauthorized
routes are poorly located and cause unacceptable impacts. Only NFS
roads and NFS trails can be designated for wheeled motorized vehicle
use. In order for an unauthorized route to be designated, it
[[Page 26956]]
must first be added to the forest transportation system.
In accordance with the MOI, the Modoc NF recently completed an
inventory of unauthorized routes on NFS lands and identified
approximately 535 miles of 1,806 unauthorized routes. The Modoc NF then
used an interdisciplinary process to conduct travel analysis that
included working with the public to determine whether any of the
unauthorized routes should be proposed for addition to the Modoc NF
transportation system. Roads and trails that are currently part of the
Modoc NF transportation system and are open to wheeled motorized
vehicle travel will remain designated for such use except as described
below under Proposed Action. This proposal focuses only on the
prohibition of wheeled motorized vehicle travel off designated routes
and needed changes to the Modoc NF transportation system, including the
addition of some unauthorized routes to the Modoc NF transportation
system and minor changes to existing motor vehicle restrictions. Based
on public comments and interdisciplinary review of the 1,806 or 535
miles of unauthorized routes, Modoc NF is proposing to add 1,170
unauthorized routes or 339 miles to the transportation system. The
proposed action is being carried forward in accordance with the Travel
Management Rule (36 CFR Part 212).
In accordance with the Rule, following a decision on this proposal,
the Modoc National Forest will publish a Motor Vehicle Use Map (MVUM)
identifying all Modoc NF roads, trails and areas that are designated
for motor vehicle use. The MVUM shall specify the classes of vehicles
and, if appropriate, the times of year for which use is designated.
Unauthorized routes not included in this proposal may be considered for
addition to the National Forest transportation system and inclusion in
a MVUM at a future date. Future decisions associated with changes to
the MVUM may trigger the need for documentation of environmental
analysis.
Purpose and Need for Action
The following needs have been identified for this proposal:
1. There is a need for regulation of unmanaged wheeled motorized
vehicle travel by the public. Currently, wheeled motorized vehicle
travel by the public is not prohibited off designated routes. In their
enjoyment of the National Forest, motorized vehicle users have created
numerous unauthorized routes. The number of such routes continues to
grow each year with many routes having environmental impacts and safety
concerns that have not been addressed. The Travel Management Rule, 36
CFR Part 212, provides policy for ending this trend of unauthorized
route development and managing the Forest transportation system in a
sustainable manner through designation of motorized NFS roads, trails
and areas, and the prohibition of cross-country travel.
2. There is a need for limited changes and additions to the Modoc
NF transportation system to:
2.1. Provide wheeled motorized access to dispersed recreation
opportunities (camping, hunting, fishing, hiking, horseback riding,
etc.). Some known dispersed recreation use is not located directly
adjacent to an existing NFS road. Rather, they are accessed mostly by
short spur routes that have been created and maintained primarily by
the passage of motorized vehicles. Such 'user-created' routes are not
currently part of the National Forest Transportation System (NFTS).
Without changes to the system and its management, the regulatory
changes noted above would make continued use of such routes illegal.
2.2. Provide a diversity of wheeled motorized recreation
opportunities (4X4 vehicles, motorcyles, ATVs, passenger vehicles,
etc.). It is Forest Service policy to provide a diversity of road and
trail opportunities for experiencing a variety of environments and
modes of travel consistent with the National Forest recreation role and
land capability (FSM 2353.03(2)). Without additions to the NFTS,
implementation of the Travel Management Rule will severely limit
motorized recreation opportunities relative to current levels.
3. There is a need for protection of heritage resources in the area
along road 46B29HB (road along Boles Creek between Clear Lake and Steel
Swamp) due to documented cases of vandalism of heritage resources
within this area.
4. There is a need for consistency between the 2005 Travel
Management Rule and the Modoc NF Land and Resource Management Plan
(Modoc LRMP). In 2004, the portion of the Modoc LRMP covered under the
Sierra Nevada Forest Plan Amendment (SNFPA) was amended to include
Standard and Guideline 69 (SNFPA ROD, pg. 59). Standard and
Guideline 69 is consistent with the 2005 Travel Management
Rule because it prohibits ``wheeled vehicle travel off of designated
routes, trails and limited off highway vehicle (OHV) areas.'' The
remainder of the Modoc NF, which is not covered by the SNFPA, includes
the objective ``Keep over 87% of the Forest open to OHVs (Modoc LRMP p.
4-11)'' and numerous other standards and guidelines in the LRMP
regarding keeping areas open for OHV use. These remaining Modoc LRMP
standards and guidelines are not consistent with the 2005 Travel
Management Rule, which prohibits motorized vehicle use except on
designated NFS roads, NFS motorized trails and areas.
It is Forest Service policy to provide a diversity of road and
trail opportunities for experiencing a variety of environments and
modes of travel consistent with the National Forest recreation role and
land capability (FSM 2353.03(2)).
In meeting these needs the proposed action should achieve the
following purposes:
A. Avoid impacts to cultural resources.
B. Provide for public safety.
C. Provide for a diversity of recreational opportunities.
D. Assure adequate access to public and private lands.
E. Provide for adequate maintenance and administration of
designations based on availability of resources and funding to do so.
Currently the Forest has a maintenance backlog for roads of
approximately $128,053,267. Future road and trail budgets may decrease
from current levels.
F. Minimize damage to soil, vegetation and other forest resources.
G. Avoid harassment of wildlife and significant disruption of
wildlife habitat.
H. Minimize conflicts between wheeled motor vehicles and existing
or proposed recreational uses of NFS lands.
I. Minimize conflicts among different classes of wheeled motor
vehicle uses of NFS lands or neighboring federal lands.
J. Assure compatibility of wheeled motor vehicle use with existing
conditions in populated areas, taking into account sound, emissions,
etc.
K. Maintain valid existing rights of use and access (rights-of-
way).
L. Constrain the proposal to that which is within the capability of
the Forest to analyze given: 1. The national schedule for regions to
publish their Forest Motor Vehicle Use Maps. For the Modoc National
Forest the publication deadline is approximately March 2009. 2.
Available funding (road and trail management budgets). 3. Available
resources (resource data and staff time).
Proposed Action
1. The prohibition of cross-country wheeled motorized vehicle
travel off designated NFS roads, NFS trails and areas by the public
except as allowed by permit or other authorization.
[[Page 26957]]
2. Motorized Road Additions: The Modoc NF currently manages and
maintains approximately 4,973 miles of NFS roads and 1.76 miles of NFS
motorized trails. Based on the stated purpose and need for action, and
as a result of the recent travel analysis process which included public
input and an interdiscipinary evaluation of each road, the Modoc NF
proposes to add 1170 existing unauthorized routes to its NFS roads.
These additions equal approximately 339 miles and would raise the total
NFS roads to approximately 5,312 miles. Maps and tables describing in
detail both the Modoc NF transportation system and the proposed action
can be found at http://www.fs.fed.us/r5/modoc. Approximately 20 miles
or 74 of the added routes will have seasonal restrictions.
3. Make the following changes to existing NFS roads:
a. Add seasonal restrictions to approximately 313 miles of 214
existing NFS roads.
b. Allow non-street legal vehicle access on approximately 147 miles
of existing NFS roads where such use is currently prohibited: Motor
vehicle operation on National Forest System roads is subject to both
federal and state laws and regulations. National Forest System (NFS)
roads maintained by the Modoc NF, for travel by a prudent driver in a
standard passenger car, are subject to the federal Highway Safety Act
and are considered highways for purposes of the California Vehicle Code
(CVC) Division 16.5. These roads are currently open to highway legal
vehicles only.
c. Close NFS road 46B29HB (road along Boles Creek between Clear
Lake and Steel Swamp) to public use.
4. Amend the Modoc NF Land and Resource Management Plan for areas
not covered under the Sierra Nevada Forest Plan Amendment by removing
the objective ``Keep over 87% of the Forest open to OHVs (Modoc LRMP p.
4-11)'' and numerous standards and guidelines in the LRMP regarding
keeping areas open for OHV use. The list of standards and guidelines to
be amended can be found on our website as stated below. Include as a
forest-wide standard ``Prohibit wheeled vehicle travel off designated
roads and trails except for administrative use or uses under permitted
activities''.
Maps and tables describing in detail both the Modoc NF
transportation system and the proposed action can found at http://www.fs.fed.us/r5/modoc. In addition, maps will be available for viewing
at:
1. Modoc National Forest, 800 W 12th Street, Alturas, CA 96101.
2. Warner Mountain Ranger District, 385 Wallace Street, Cedarville,
CA 96104.
3. Doublehead Ranger District, 49870 Hwy 139, Tulelake, CA 96134.
4. Big Valley Ranger District, 508 Main Street, Adin, CA 96006.
Responsible Official
Stanley G. Sylva, Forest Supervisor, Modoc National Forest, 800 W
12th Street, Alturas, CA 96101.
Nature of Decision To Be Made
The responsible official will 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 Modoc National Forest
Transportation System; prohibit cross country wheeled motorized vehicle
travel by the public off the designated system; and amend the Modoc
LRMP, as described above. Once the decision is made, the Modoc National
Forest will publish a Motor Vehicle Use Map (MVUM) identifying the
roads and trails that are designated for motor vehicle use. The MVUM
shall specify the classes of vehicles and, if appropriate, the times of
year for which use is designated. Future decisions associated with
changes to the MVUM may trigger the need for documentation of
environmental analysis.
Scoping Process
Public participation will be especially important at several points
during the analysis. The Forest Service will be seeking information,
comments, and assistance from federal, state, and local agencies and
other individuals or organizations who may be interested in or affected
by the proposed action.
The Modoc National Forest met with local elected officials, Tribes,
federal advisory groups, and community groups, including service and
professional organizations, to discuss the Travel Management Rule and
travel management on the Forest. In November 2007, public open houses
were held in Cedarville, CA; Alturas, CA; Adin, CA; and Tulelake, CA to
gather information about which routes the public uses and to identify
routes missed in the inventory of unauthorized routes. Additionally,
maps of inventoried routes were available on the Forest's Web site and
Forest Service offices. The public used these maps to provide input
into the process.
The Notice of Intent is expected to be published in the Federal
Register on May 12, 2008. The comment period on the proposed action
will extend 30 days from the date the Notice of Intent is published in
the Federal Register. Public Open Houses will be held on May 19, 20, 28
and 29, in Cedarville, CA; Alturas, CA; Adin, CA and Tulelake, CA to
review maps and to discuss the proposed action.
The draft environmental impact statement is estimated to be filed
with the Environmental Protection Agency (EPA) and to be available for
public review by the end of September 2008. 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, copies of the
draft EIS 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
Modoc National Forest participate at that time.
The final EIS is estimated to be completed by December 31, 2008. In
the final EIS, the Forest Service will respond to comments received
during the comment period that pertain to the environmental
consequences discussed in the draft EIS and applicable laws,
regulations, and policies considered in making the decision. Submission
of comments in response to the draft EIS is a prerequisite for
eligibility to appeal under the 36 CFR part 215 regulations.
Comment Requested
This Notice of Intent initiates the scoping process which guides
the development of the environmental impact statement.
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.
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
[[Page 26958]]
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 45 day comment period so that comments
and objections are made available to the Forest Service at a time when
it can meaningfully consider them and respond to them in the final
environmental impact statement.
To assist the Forest Service 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 environmental impact 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: May 1, 2008.
Stanley G. Sylva,
Forest Supervisor.
[FR Doc. E8-10235 Filed 5-9-08; 8:45 am]
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