From: Subject: FR Doc 07-3618 Date: Mon, 30 Jul 2007 21:24:52 -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/2007/07-3618.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 FR Doc 07-3618 
[Federal Register: July 25, 2007 (Volume 72, Number 142)]
[Notices]              =20
[Page 40827-40829]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy07-33]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

=20
Motorized Travel Management Plan, Coconino National Forest;=20
Coconino and Yavapai Counties, AZ

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Coconino National Forest will prepare an environmental=20
impact statement (EIS) to disclose the effects of designating a system=20
of roads, trails and areas for motorized vehicle use, thereby=20
developing a motorized travel management plan. Such a plan is needed to=20
meet new National travel management regulations and to improve the=20
management and enforcement of motor vehicle use on National Forest=20
Service lands. This notice describes the components to be included in=20
the motorized travel plan, proposed forest plan amendment, decisions to=20
be made, estimated dates pertaining to the project, information=20
concerning public participation, and the responsible agency official.=20
The project area is defined by the boundaries of the Coconino National=20
Forest, and includes the Peaks, Mormon Lake, Red Rock, and Mogollon Rim=20
Ranger Districts.

DATES: Written comments to be considered in the preparation of the=20
draft environmental impact statement (DEIS) should be submitted within=20
45 days of the date of publication of this Notice of Intent in the=20
Federal Register. The DEIS is expected to be published in the summer of=20
2008. The final environmental impact statement (FEIS) and record of=20
decision (ROD) is expected to be available by early 2009.

ADDRESSES: Send written comments to Nora Rasure, Forest Supervisor,=20
ATTN: TMR, 1824 S Thompson St, Flagstaff, AZ, 86001, Fax: (928) 527-
3620, E-mail: comments-southwe=
stern-coconino@fs.fed.us.

FOR FURTHER INFORMATION CONTACT: Jim Beard, Project Leader, 1824 S=20
Thompson St, Flagstaff, AZ, 86001, (928) 527-3600. Additional=20
information about this project can be found at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleaving=
FR.html&log=3Dlinklog&to=3Dhttp://www.fs.fed.us/r3/coconino/tmr.s=
html
.


SUPPLEMENTARY INFORMATION: On November 9, 2005, the Forest Service=20
published final travel management regulations governing off-highway=20
vehicles (OHV) and other motor vehicles on national forests and=20
grasslands. The new regulations amended part 212, subpart B of part=20
251, subpart A of part 261, and removed part 295 of title 36 of the=20
Code of Federal Regulations (CFR). These three regulations are referred=20
to together as the TMR (Travel Management Rule). The TMR was developed=20
in response to the substantial increase in use of OHVs on National=20
Forest System lands and related damage to forest resources caused by=20
unmanaged OHV use over the past 30 years. The regulations implement=20
Executive Order (EO) 11644 and EO 11989 regarding off-road use of motor=20
vehicles on Federal lands.
    The regulations provide ``for a system of National Forest System=20
(NFS) roads, NFS trails, and areas of NFS lands that are designated for=20
motor vehicle use. Motor vehicle use off designated roads and trails=20
and outside of designated areas is prohibited (36 CFR 212.50).''=20
Designated routes and areas shall be identified on a motor vehicle use=20
map (MVUM) and made available to the public. Currently, the Coconino=20
National Forest does not restricted motor vehicles to designated roads,=20
trails or areas; cross-country motorized travel is generally permitted=20
except in areas that are signed closed or restricted to seasonal use.
    In order to comply with the new travel management regulations, the=20
forest initiated a forestwide travel analysis in 2006. The intent of=20
the travel analysis process was to help the forest determine the=20
minimum transportation system necessary to provide safe and efficient=20
travel and for administration, utilization, and protection of NFS lands=20
(36 CFR 212.5(b)). Key to this process, the forest hosted several open=20
houses in northern and central Arizona during the fall of 2006 and=20
attended additional meetings since then, as requested, in order to=20
collect ideas regarding motorized forest travel from local citizens,=20
forest users, state, county, local and tribal governments, and other=20
Federal agencies. The proposed action represents a synthesis of public=20
comment and Forest Service specialist recommendations gathered during=20
the travel analysis process.

Purpose and Need for Action

    The purpose of this project is to designate a socially,=20
economically, and environmentally sustainable forest transportation=20
system that will accommodate motorized access needs on the Coconino=20
National Forest. There is a need for amending Coconino Forest Plan=20
direction to prohibit cross-country motorized travel and remove the=20
road density direction. There is a need for reducing the number of=20
roads across the forest and to close roads that conflict with resource=20
protection goals outlined in the Coconino Forest plan (1987, as=20
amended). There is a need to continue providing limited motorized use=20
off of designated routes to existing dispersed camping sites/areas.=20
This action responds to the new travel regulations at 36 CFR 212.

Proposed Action

    For the purposes of this project and notice, ``route'' is a general=20
term that refers to a road or motorized trail mapped to a location on=20
the ground. The term ``road'' or ``trail'' is defined as a National=20
Forest System road or trail that is designated for motor vehicle use=20
pursuant to 36 CFR 212.51. A ``user-created'' or ``unauthorized'' route=20
is a road or motorized trail not designated for motor vehicle use=20
pursuant to 36 CFR 212.51. User-created routes have generally developed=20
without agency authorization, environmental analysis, or public=20
involvement and do not have the same status as NFS roads or tails=20
included in the forest transportation system. To meet the project's=20
purpose and need, the following actions are proposed:
    Close 1,500 miles of existing open roads. In this case, close means=20
it will be closed to public travel. Some of these roads will be=20
retained for periodic administrative use only (maintenance Level 1) and=20
others will be decommissioned (removed from the forest inventory). The=20
most relevant

[[Page 40828]]

aspect of this action is closing the road to public travel. Decisions=20
to obliterate decomissioned roads are outside the scope of this project=20
because they require further site-specific environmental analysis and=20
clearances before being undertaken;
    Add 40 miles of user-created routes to the forest transportation=20
system. These routes will be managed as roads and will be open to=20
public travel;
    Allow roadside parking within one vehicle length from the edge of=20
the road surface;
    Prohibit motorized travel off of designated routes for the purpose=20
of big game retrieval;
    Allow motor vehicles to travel 100 feet off designated routes for=20
the purpose of accessing existing dispersed camping sites. User-created=20
routes that access additional existing dispersed camping sites beyond=20
the 100 foot limit will also be designated for motorized use. These=20
routes will be shown as spur roads on the MVUM. Existing dispersed=20
campsites will be displayed on a supplementary map to the MVUM and/or=20
signed on the ground; and
    Amend the Coconino National Forest Plan to prohibit off-road=20
driving on the entire forest, remove road density by vegetation type=20
direction, and remove any references to ``off-road driving'' currently=20
in the plan in order to be consistent with the language and intent in=20
36 CFR 212.
    This action, in conjunction with existing motorized trails and the=20
Cinder Hills OHV area, will result in approximately 3,950 miles of=20
designated NFS routes and one 13,711-acre area generally open to motor=20
vehicles on the Coconino National Forest. Roads within existing=20
seasonal closure areas (Nordic Center, Wing Mountain, Pine Grove,=20
Rattlesnake, Woods, Cottonwood Basin, Anderson Mesa/Antelope, Lower=20
Lake Mary Bald Eagle closure) will continue to only be open seasonally=20
to motor vehicles.

Possible Alternatives

    In addition to the Proposed Action, the No Action alternative will=20
be analyzed. The Forest Service is required to analyze the ``No=20
Action'' alternative under the provisions of NEPA (40 CFR 1502.14). No=20
Action will consider the effects of not making any changes to forest's=20
current road system and not prohibiting motorized cross-country travel.=20
Additional alternatives may be developed in response to significant=20
issues brought up during public scoping.

Responsible Official

    The responsible official for this project is the Coconino National=20
Forest Supervisor.

Nature of Decision To Be Made

    Items in this decision include: Changes to the existing road=20
system; changes to existing motorized trails and areas open to cross-
country motorized travel; the distance motor vehicles may travel off of=20
specific designated routes for the purpose of dispersed camping; and=20
language and content changes to the Coconino Forest Plan via a forest=20
plan amendment. The decision will be based on a consideration of the=20
environmental effects of implementing the proposed action or=20
alternatives developed in response to significant issues. The Forest=20
Supervisor may select the proposed action, an alternative analyzed in=20
detail, or a modified proposed action or alternative within the=20
project's range of alternatives.

Scoping Process

    Scoping is an ongoing procedure used to identify important issues=20
and determine the extent of analysis necessary for an informed decision=20
on a proposed action. This Notice of Intent serves as formal initiation=20
of the scoping process. The Forest Service is seeking comments from=20
individuals, organizations, and local, state and Federal agencies that=20
may be interested in or affected by the proposed action. Comments may=20
pertain to the nature and scope of the environmental, social, and=20
economic issues, and possible alternatives related to the development=20
of the motorized travel plan and EIS. A copy of the proposed action has=20
been sent to potentially affected persons and those that have expressed=20
an interest in this project during the travel analysis process. Others=20
may have their names added to the project mailing list at any time by=20
submitting a request to: Jim Beard, Project Leader, 1824 S Thompson=20
St., Flagstaff, AZ, 86001, E-mail: 
coment-southwestern-coconino@fs.fed.us.

    A series of open houses are scheduled to further explain the=20
proposed action and to provide an opportunity for public input. Open=20
houses are planned at the following locations and dates:

July 31, Flagstaff, AZ, Sinagua High School, 5-8 p.m.
August 1, Happy Jack, AZ, Happy Jack Lodge, 5-8 p.m.
August 2, Camp Verde, AZ, Cliff Castle Casino, 5-8 p.m.
August 4, Flagstaff, AZ, Sinagua High School, 12-5 p.m.

Preliminary Issues

    During the public collaboration phase of the travel analysis=20
process, an issue was brought forward about the lack of motorized=20
trails in the forest, especially after the forest prohibits cross-
country motorized travel. The Coconino National Forest can consider=20
alternatives to designate additional motorized trails to the forest=20
transportation system. More specific route location information will be=20
required in order to fully develop and analyze this alternative. New=20
routes will be assessed using both 36 CFR 212.55(b) criteria for=20
motorized trails, as well as consistency with Coconino Forest Plan=20
management direction.
    Other issues brought forward during the travel analysis process=20
included off-road access for firewood gathering and grazing allotment=20
management. As per the TMR, motor vehicle use authorized under a permit=20
is exempted from the route and area designations. The necessity of=20
using motor vehicles off of designated routes should be articulated in=20
the permit and where necessary, would be analyzed and authorized under=20
a separate NEPA decision (it is outside the scope of this project).
    Additional issues during travel analysis included off-road access=20
for big game retrieval and dispersed camping. The forest is not=20
proposing to allow motor vehicles off of designated routes for big game=20
retrieval because our preliminary analysis found that the proposed=20
transportation system will provide adequate and reasonable access to=20
hunters within all game management units across the forest; 79 percent=20
of the forest will remain within 0.5 miles of a designated open road.=20
The proposed action includes limited use of motor vehicles off of=20
designated routes for the purpose of dispersed camping and addresses=20
issues related to dispersed camping access.
    An issue regarding motorized access to non-motorized areas by=20
people with disabilities is addressed by existing Federal laws,=20
regulations, and policies, which do not require areas that prohibit=20
motor vehicle use to make exceptions because a person has a disability.=20
Any wheelchair or mobility device, as defined by the American with=20
Disabilities Act (ADA), may continue to be used wherever foot travel is=20
permitted.

Comment Requested

    This notice of intent initiates the scoping process which will=20
guide the development of the environmental impact statement.

[[Page 40829]]

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

    A DEIS will be prepared for comment. The comment period on the DEIS=20
will be 45 days from the date the Environmental Protection Agency=20
publishes the notice of availability in the Federal Register. The=20
Forest Service believes, at this early stage, it is important to give=20
reviewers notice of several court rulings related to public=20
participation in the environmental review process. First, reviewers of=20
a draft EIS must structure their participation in the environmental=20
review of the proposal so that it is meaningful and alerts an agency to=20
the reviewer's position and contentions. Vermont Yankee Nuclear Power=20
Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections=20
that could be raised at the draft EIS stage but that are not raised=20
until after completion of the final EIS may be waived or dismissed by=20
the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir.=20
1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338=20
(E.D. Wis. 1980). Because of these court rulings, it is very important=20
that those interested in this proposed action participate by the close=20
of the 45-day comment period so that substantive comments and=20
objections are made available to the Forest Service at a time when it=20
can meaningfully consider them and respond to them in the final EIS.
    To assist the Forest Service in identifying and considering issues=20
and concerns on the proposed action, comments on the draft EIS should=20
be as specific as possible. It is also helpful if comments refer to=20
specific pages or chapters of the draft statement. Comments may also=20
address the adequacy of the draft EIS or the merits of the alternatives=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.
    Comments received, including the names and addresses of those who=20
comment, will be considered part of the public record on this proposal=20
and will be available for public inspection. Comments submitted=20
anonymously will be accepted and considered; however, those who submit=20
anonymous comments will not have standing to appeal the subsequent=20
decision under 36 CFR part 215. Additionally, pursuant to 7 CFR=20
1.27(d), any person may request the agency to withhold a submission=20
from the public record by showing how the Freedom of Information Act=20
(FOIA) permits such confidentiality.
    Persons requesting such confidentiality should be aware that, under=20
the FOIA, confidentiality may be granted in only very limited=20
circumstances, such as to protect trade secrets. The Forest Service=20
will inform the requester of the agency's decision regarding the=20
request for confidentiality, and if the request is denied, the agency=20
will return the submission and notify the requester that the comments=20
may be resubmitted with or without name and address within a specified=20
number of days.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook=20
1909.15, Section 21)

    Dated: July 18, 2007.
Nora B. Rasure,
Forest Supervisor, Coconino National Forest.
[FR Doc. 07-3618 Filed 7-24-07; 8:45 am]

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