From: Subject: FR Doc 07-3616 Date: Mon, 30 Jul 2007 21:28:02 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/07-3616.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 FR Doc 07-3616 
[Federal Register: July 25, 2007 (Volume 72, Number 142)]
[Notices]              =20
[Page 40829-40831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy07-34]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

=20
Beartooth Ranger District Travel Management Plan, Custer National=20
Forest; Sweet Grass, Park, Stillwater, and Carbon Counties, MT

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare environmental impact statement.

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SUMMARY: The Forest Service will prepare an Environmental Impact=20
Statement (EIS) to disclose the effects of designating National Forest=20
System roads, trails, and areas available for public motorized use and=20
changing pack and saddle stock use on certain non-motorized trails on=20
the Beartooth Ranger District, Custer National Forest. The decision=20
will be to determine whether to include routes that are not currently=20
National Forest System roads, trials, and areas for public motorized=20
use on the Beartooth Ranger District, establish a season of use and/or=20
type of vehicle use for roads, trails, and areas designated for public=20
motorized use, change dispersed vehicle camping designations, and=20
restrict pack and saddle stock use on select non-motorized trails. A=20
National Environmental Policy Act (NEPA) decision is not required to=20
designate roads, trails, and areas for public motorized use that are=20
currently part of the National Forest System of roads, trails and=20
areas.
    Once a decision is made, a Motor Vehicle Use Map (MVUM) will be=20
prepared, in compliance with the 2005 Forest Service Travel Management=20
Rule (36 CFR Part 212). The MVUM will show all the routes that are=20
designated for public motorized use on the Beartooth Ranger District.=20
The MVUM will be the primary tool used to determine compliance and=20
enforcement with motorized vehicle use designations on the ground.=20
Those existing routes and other non-system routes not designated open=20
on the MVUM will be legally closed to motorized travel. The decisions=20
on motorized travel may include motorized over-the-snow travel.

DATES: The draft environmental impact statement is planned to be=20
released in October 2007 and the final environmental impact statement=20
is planned for release in June 2008. The project was initially released=20
for public scoping January 30, 2004 through May 1, 2004. However, the=20
scooping period was extended to September 1, 2004 due to great public=20
interest and the many requests asking for an extension of the scoping=20
period through the field season.

ADDRESSES: Send written comments to Beartooth Ranger District Travel=20
Management Plan, Custer National Forest, 1310 Main Street, Billings, MT=20
59105 or call (406) 657-6205 extension 225.
    If you prefer, you can submit comments on the internet at 
comments-northern-custer-beartooth@fs.fed.us by typing on the =
subject line=20

``Beartooth RD Travel Management Plan.''

FOR FURTHER INFORMATION CONTACT: Doug Epperly, Project Coordinator, at=20
(406) 657-6205 ext. 225.

SUPPLEMENTARY INFORMATION:=20

Purpose and Need for Action

    The purpose of the proposal is to designate a system of roads,=20
trails, and areas for motor vehicle use, including over-the-snow travel=20
and existing recreation use, on the Beartooth Ranger District, Custer=20
National Forest. The system of roads, trails, and areas to be=20
designated will be consistent with the laws, regulations, and policies=20
governing the management of National Forest System lands. Specifically,=20
this includes the Forest Service 2005 Travel Management Rule (36 CFR=20
part 212), the January 2001 Off-Highway Vehicle Record of Decision and=20
Plan Amendment for Montana, North Dakota, and Portions of South Dakota=20
(hereafter Tri-state OHV Plan), the subsequent Forest Plan Amendment=20
Number 39, the 1987 Beartooth Travel Plan, and the Custer National=20
Forest and National Grasslands Land and Resource Management Plan=20
(hereafter referred to

[[Page 40830]]

as the Forest Plan, 1986) (Forest Plan Record of Decision, 1987)).
    There is a compelling need to address travel management on the=20
Beartooth Ranger District as a result of the Forest Service 2005 Travel=20
Management Rule, the Tri-state OHV decision, and confusion generated in=20
trying to implement the 1987 Beartooth Travel Plan. Both the Travel=20
Management Rule and the Tri-State OHV decision set timeframes within=20
which to complete, and/or start (as in the case of the Tri-State=20
decision), specific route designation decisions, as necessary. It is=20
important to note, that identifying existing National Forest System=20
Roads and Trails on a MVUM does not constitute a decision pursuant to=20
the National Environment Policy Act.
    Federal land managers are directed (Executive Order 11644, 36 CFR=20
212, and 43 CFR 8342.1) to ensure that the use of motorized vehicles=20
and off-road vehicles will be controlled and directed so as to protect=20
the resources of those lands, to promote the safety of users, minimize=20
conflicts among the various uses of the federal lands, and to provide=20
for public use of roads and trails designated as open.

Proposed Action

    The proposed action is to designate selected roads, trails, and=20
areas open to public motorized travel, designate dispersed vehicle=20
camping, and implement changes in pack and saddle stock use on non-
motorized trails on the Beartooth Ranger District, Custer National=20
Forest (NFS lands). The designations will also set specific seasons of=20
use, where appropriate, and specify the type of use (e.g., highway=20
legal vehicle, ATV's, motorcycles) for roads, trails, and areas. The=20
Forest Service will produce a Motor Vehicle Use Map (MVUM) depicting=20
those routes which are open to the general public for wheeled motorized=20
use. This alternative, as well as any other action alternative, will=20
require a Forest Plan amendment to remove specific road management=20
contained in the Forest Plan and provide for management of those roads=20
in the travel plan decision.

No Action Alternative

    The No Action alternative would be to designate the current=20
Beartooth Ranger District system motorized roads and trails for public=20
motorized use, but would not address existing routes that are=20
identified as unauthorized (i.e. non-system) routes by the Forest=20
Service. The existing condition would be to designate all of the system=20
and non-system motorized routes identified during the 1999-2000 Custer=20
National Forest inventory of existing roads and trails. Alternatives to=20
the Proposed Action and No Action will depict differing combinations of=20
routes to remain open to motorized travel.
    A consequence of designating routes open for public motorized=20
travel is that those existing routes not designated as open would be=20
not be available for public motorized travel. Decommissioning or=20
obliterating these routes, which may involve ground disturbing=20
activities, would not be a part of the Proposed Action or alternatives,=20
and would generally require separate and distinct site-specific NEPA=20
decisions regarding the implementation aspects of road closures. The=20
environmental consequences of having routes closed to motorized travel=20
will be evaluated in this environmental analysis.
    Identification of new routes that would meet the goals and=20
objectives for a motorized transportation system on NFS lands will be,=20
as appropriate, a part of this travel management planning and=20
identified as an opportunity, but would require separate, site-specific=20
NEPA decisions to implement ground disturbing activities associated=20
with new route construction.

Responsible Official

    The Responsible Official is Steve E. Williams, Forest Supervisor,=20
Custer National Forest, 1310 Main Street, Billings, MT 59105.

Nature of Decision To Be Made

    Based on the purpose and need for the proposed action, the Forest=20
Supervisor will evaluate the Proposed Action and other alternatives in=20
order to make the following decisions for the specific National Forest=20
System lands:
     Determine those non-system roads, trails, and areas that=20
should be converted to system roads, trails and areas, and designate as=20
open to the public for motorized travel; and,
     Determine the allowed season and/or type of use for those=20
routes open to motorized travel
     Determine if any changes in the extent and nature of=20
dispersed vehicle camping are warranted.
     Determined those non-motorized trails where pack and=20
saddle stock use would be changed to day use or prohibited.
     Site-specifically amend the Forest Plan by removing=20
standards and guidelines for specific roads and trails from the Forest=20
Plan (for example, see Forest Plan pages 51, 89, and 91). Travel=20
management direction for routes that will not have a change in travel=20
management direction will be shown on the Motor Vehicle Use Map=20
(pursuant to 36 CFR 212). Routes, for which travel management direction=20
is being changed, will be analyzed in the EIS for the Beartooth Ranger=20
District Travel Management Plan.

Scoping Process

    Public scoping was initiated January 30, 2004 and was planned to=20
close by May 1, 2004. Several public meetings were conducted in local=20
communities that could be affected by the decision. The scoping period=20
was extended to September 1, 2004 due to high public interest. The=20
Forest Service received over 5000 letters, postcards or other forms of=20
commenting (i.e. electronically submitted comments). The project was=20
delayed due to some key personnel changes, acts of nature (slides on=20
Beartooth Highway and the Derby fire), and release of the 2005 Travel=20
Management Rule. Hence, additional public meetings were conducted in=20
July 2006 to update the public on the process and brief those involved=20
in the process on the 2005 Travel Management Rule, and from January=20
through March 2007 collaborative public meetings were conducted in an=20
effort to find common ground.
    The Forest Service will consider all public scoping comments and=20
concerns that have been submitted, as well as resource related input=20
from the interdisciplinary team and other agency resource specialists.=20
This input will be used to identify issues to consider in the=20
environmental analysis. A comprehensive list of issues will be=20
determined before the full range of alternatives is developed and the=20
environmental analysis is begun.
    Persons and organizations commenting during the initial scoping=20
will be maintained on the mailing list for future information about=20
Beartooth Ranger District Travel Management Planning.
    The Responsible Official has determined, at this time that it is in=20
the best interest of the Forest Service to prepare an environmental=20
impact statement.

Comments Requested

    Given that scoping has been conducted and that numerous public=20
meetings have been conducted, comments are not being requested at this=20
time.

Early Notice of Importance of Public Participation in Subsequent=20
Environmental Review

    A draft environmental impact statement will be prepared for public=20
comment. The comment period on the

[[Page 40831]]

draft environmental impact statement will be 45 days from the date that=20
the Environmental Protection Agency (EPA) publishes the notice of=20
availability in the Federal Register.
    Written comments are preferred and should include the name and=20
address of the commenter. Comments submitted for this proposed action=20
will be considered part of the public record.
    The Forest Service believes, at this early stage, it is important=20
to give reviewers notice of several court rulings related to public=20
participation in the environmental review process. Reviewers of draft=20
environmental impact statements must structure their participation in=20
the review of the proposal so that it is meaningful and alerts an=20
agency to the reviewer's position and contentions. Vermont Yankee=20
Nuclear Power Corp. v. NRDC, 435 U.S. 519, 533 (1978). Also,=20
environmental objections that could be raised at the draft=20
environmental impact statement stage, but that are not raised until=20
after completion of the final environmental impact statement, may be=20
waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d=20
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages Inc. v. Harris, 409=20
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,=20
it is very important that those interested in this proposed action=20
participate by the close of the 45-day comment period so that=20
substantive comments and objections are made available to the Forest=20
Service at the time when it can meaningfully consider them and respond=20
to them in the final environmental impact statement.
    To assist the Forest Service in identifying and considering issues=20
and concerns on the proposed action, comments on the draft=20
environmental impact statement should be as specific as possible. It is=20
also helpful if comments refer to specific pages or chapters of the=20
draft statement. Comments may also address the adequacy of the draft=20
environmental impact statement or the merits of the alternative=20
formulated and discussed in the statement. Reviewers may wish to refer=20
to the Council on Environmental Quality Regulations for implementing=20
the procedural provisions of the National Environmental Policy Act at=20
40 CFR 1503.3 in addressing these points.

    Dated: July 18, 2007.
Nancy J. Rusho,
Acting Deputy Forest Supervisor.
[FR Doc. 07-3616 Filed 7-24-07; 8:45 am]

BILLING CODE 3410-11-M