[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Notices]
[Pages 27800-27801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2419]
========================================================================
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.
========================================================================
Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 /
Notices
[[Page 27800]]
DEPARTMENT OF AGRICULTURE
Forest Service
Nez Perce National Forest, Idaho County; ID; Designated Route and
Motorized Vehicle Use
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The Nez Perce National Forest is undergoing planning efforts
to comply with the designated routes and areas for motor vehicle use
rule of November 9, 2005. The forest is proposing to analyze motorized
routes and areas forest-wide to determine a base system, while
considering the needs of the users, resources effects, rule
requirements, and fiscal capabilities for continued maintenance.
DATES: Comments concerning the scope of the analysis must be received
by 45 days after the date of publication in the Federal Register. The
draft environmental impact statement is expected June of 2008 and the
final environmental impact statement is expected February 2009.
ADDRESSES: Send written comments to Jane Cottrell, Forest Supervisor,
1005 Highway 13, Grangeville, ID 83530, Attn: Designated Routes and
Areas for Motor Vehicle Use.
The Nez Perce National Forest has scheduled public meetings, to be
held in three separate locations, to introduce this project and discuss
the most effective ways the public can become involved. Meetings will
take place in Elk City, ID on May 29, in Grangeville, ID on May 30, and
in Riggins, ID on May 31, 2007. Additional information will be provided
in the local newspaper prior to meeting times.
FOR FURTHER INFORMATION CONTACT: Alexandra Botello, Project Lead, 1005
Highway 13, Grangeville, ID 83530, Attn: Designated Routes and Areas
for Motor Vehicle Use.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
In November 2005, the USDA published the Travel Management;
Designated Routes and Areas for Motor Vehicle Use; Final Rule [36 CFR
parts 212, 251, 261, and 295] (the rule). This rule requires
designations of those roads, trails, and areas that are open to motor
vehicle use. 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 the use of motor
vehicles on routes and in areas not consistent with those designations.
The rule seeks to create a system of routes and areas where motorized
use is appropriate. The primary difference from our current system that
will occur when implementing the rule is that routes and areas are
closed to motorized use unless specifically designated open.
The following vehicles and uses are exempt from Provisions in the
rule [36 CFR 212.51]:
Aircraft, Watercraft, Over-snow vehicles, Limited administrative
use by Forest Service, Use of any fire, military, emergency, of law
enforcement vehicles for emergency purposes, Authorized use of any
combat or combat support vehicle for national defense purposes, Law
enforcement [in] response to violations of law, and, any motor
vehicle use that is specifically authorized under a written
authorization issued under Federal law or regulation.
Current direction for the Nez Perce National Forest, under the Nez
Perce National Forest Plan (1987) Amendment No. 2, October 1988, allows
cross-country motorized travel unless otherwise designated closed.
The Designated Routes and Areas for Motor Vehicle Use planning
effort is designed to bring the direction for the Nez Perce National
Forest in compliance with the Executive orders of the rule that
``direct Federal agencies to ensure that the use of off road vehicles
on public lands will be controlled and directed so as to protect the
resources of those lands, to promote the safety of all users of those
lands, and to minimize conflicts among various uses of those lands''.
Proposed Action
The proposed action is to designate the current National Forest
System (NFS) motorized routes on the Nez Perce National Forest, under
class of vehicle and seasons of use, as they are presently (April,
2007). This action would close the forest to cross-country motorized
travel except in specifically designated areas or to over snow vehicle
use (see attached map and legend).
The proposed action also includes a distance 300 feet from center
of road which allows for motorized use for the purposes of dispersed
camping only, in areas where geography and resource protection are not
limiting factors (e.g., cliffs, streams, etc.).
This action does not supersede CFR 261.12 National Forest System
roads and trails; * * * prohibition (c) Damaging and leaving in a
damaged condition any such road, trail, or segment thereof. Nor will
this action supersede CFR 261.15 Use of vehicles off roads; It is
prohibited to operate any vehicle off National Forest System, State, or
County roads; (h) In a manner which damages or unreasonably disturbs
the land, wildlife, or vegetative resources.
Responsible Official
Jane Cottrell, Forest Supervisor, Nez Perce National Forest, 1005
Highway 13, Grangeville, ID 83530 is the responsible official for this
proposal.
Nature of Decision To Be Made
The Nez Perce National Forest will decide what routes and areas are
appropriate to designate and manage for motor vehicle use by class of
vehicle and seasons of use. Additionally, we will determine whether to
amend the Nez Perce Forest Plan to remove certain existing standards
applicable to motorized routes and area management.
Scoping Process
The U.S. Forest Service uses the process required by the National
Environmental Policy Act (NEPA). NEPA requires a systematic,
interdisciplinary approach to ensure integrated application of the
natural and social sciences and the environmental design arts in any
planning and decisionmaking that affects the human environment (42
U.S.C. 4332(2)(A)). Comments are accepted for 45 days after
notification in the Federal Register. These comments help identify
significant issues and/or eliminate nonsignificant issues from detailed
study in the environmental impact statement.
[[Page 27801]]
Comment Requested
This notice of intent initiates the scoping process which guides
the development of the environmental impact statement. The Nez Perce
National Forest is seeing comments and issues you may have regarding
this project. Comments are most useful if they are specific.
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
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
nd 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: May 10, 2007.
Jane L. Cottrell,
Nez Perce National Forest Supervisor.
[FR Doc. 07-2419 Filed 5-16-07; 8:45 am]
BILLING CODE 3410-11-M