From: Subject: FR Doc 07-2841 Date: Sun, 17 Jun 2007 00:28:31 -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/2007/07-2841.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 FR Doc 07-2841 
[Federal Register: June 15, 2007 (Volume 72, Number 115)]
[Notices]              =20
[Page 33196-33199]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn07-30]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

=20
Sequoia National Forest, California; Sequoia National Forest=20
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 Sequoia National Forest will prepare an environmental=20
impact statement (EIS) to disclose the impacts associated with the=20
following proposed actions:
    1. The addition of approximately 71 miles of existing unauthorized=20
routes to the National Forest System (NFS) of motorized trails, open to=20
wheeled motorized vehicle use by the public.
    2. The addition of approximately 0.9 miles of existing unauthorized=20
routes to NFS roads, open to all wheeled motorized vehicle use by the=20
public.
    3. The change of approximately 21.8 miles of existing NFS roads,=20
currently closed to public wheeled motorized vehicle use, to NFS=20
motorized trails, open to wheeled motorized vehicle use by the public.
    4. The change of approximately 8.4 miles of existing NFS roads,=20
currently open to public wheeled motorized vehicle use, to NFS=20
motorized trails, open to all wheeled motorized vehicle use by the=20
public.
    5. The change of approximately 23.2 miles of existing NFS roads,=20
currently closed to public wheeled motorized vehicle use, to NFS roads,=20
open to all wheeled motorized vehicle use by the public.
    6. The change of approximately 19.5 miles of existing NFS roads,=20
currently open to wheeled motorized vehicle use by the public, to=20
closed NFS roads.
    7. The change of approximately 12.4 miles of existing NFS roads,=20
currently open to public use by highway legal vehicles only, to NFS=20
roads, open to all

[[Page 33197]]

wheeled motorized vehicle use by the public.
    8. The change of approximately 0.5 miles of existing NFS road,=20
currently open to highway legal vehicles only, to NFS motorized trail,=20
open to wheeled motorized vehicle use by the public.
    9. The continuation of wheeled motorized vehicle use by the public=20
on the NFS trail north of Dry Meadow and amendment of the Sequoia=20
National Forest Land and Resource Management Plan to change=20
approximately 5,500 acres of semi-primitive non-motorized (SPNM) to=20
semi-primitive motorized (SPM), to conform with motorized vehicle use=20
of the trail.
    10. The prohibition of wheeled motorized vehicle travel off of=20
designated NFS roads, NFS trails, and areas by the public, except as=20
allowed by permit or other authorization.

DATES: The comment period on the proposed action will extend 30 days=20
from the date the notice of intent is published in the Federal Register=20
Completion of the draft EIS is expected in September 2007, and the=20
final EIS is expected in September 2008.

ADDRESSES: Send written comments to: Chris Sanders, Travel Management,=20
Sequoia National Forest, 1839 South Newcomb Street, Porterville, CA=20
93257. The phone number is (559) 784-1500.

FOR FURTHER INFORMATION CONTACT: Chris Sanders at the address listed=20
above.

SUPPLEMENTARY INFORMATION:

Background

    Over the past few decades, the availability and capability of=20
motorized vehicles, particularly off-highway vehicles (OHVs) and sport=20
utility vehicles (SUVs) has increased tremendously. Nationally, the=20
number of OHV users has climbed sevenfold in the past 30 years, from=20
approximately 5 million in 1972 to 36 million in 2000. California is=20
experiencing the highest level of OHV use of any state in the nation.=20
There were 786,914 ATVs and OHV motorcycles registered in 2004, up 330%=20
since 1980. Annual sales of ATVs and OHV motorcycles in California were=20
the highest in the U.S. for the last 5 years. Four-wheel drive vehicle=20
sales in California increased by 1500% to 3,046,866 from 1989 to 2002.
    Unmanaged OHV use has resulted in unplanned roads and trails,=20
erosion, watershed and habitat degradation, and impacts to cultural=20
resource sites. Compaction and erosion are the primary effects of OHV=20
use on soils. Riparian areas and aquatic dependent species are=20
particularly vulnerable to OHV use. Unmanaged recreation, including=20
impacts from OHVs, is one of ``Four Key Threats Facing the Nation's=20
Forests and Grasslands'' (USDA Forest Service, June 2004).
    On August 11, 2003, the Pacific Southwest Region of the Forest=20
Service entered into a Memorandum of Intent (MOI) with the California=20
Off-Highway Motor Vehicle Recreation Commission and the Off-Highway=20
Motor Vehicle Recreation Division of the California Department of Parks=20
and Recreation. That MOI set in motion a regionwide effort to=20
``Designate OHV roads, trails, and any specifically defined open areas=20
for motorized wheeled vehicles on maps of the 19 National Forests in=20
California by 2007.'' On November 9, 2005, the Forest Service published=20
final travel management regulations in the Federal Register (FR Vol.=20
70. 216--Nov. 9, 2005, pp 68264-68291). This final Travel Management=20
Rule requires designation of those roads, trails, and areas that are=20
open to motor vehicle use on National Forest System (NFS) lands.=20
Designations will be made by class of vehicle and, if appropriate, by=20
time of year. The final rule prohibits the use of motor vehicles off=20
the designated system, as well as use of motor vehicles on routes and=20
in areas that are not consistent with the designations.
    On some NFS lands, long managed as open to cross-country motor=20
vehicle travel, repeated use has resulted in unplanned, unauthorized=20
roads and trails. These routes generally developed without=20
environmental analysis or public involvement and do not have the same=20
status as NFS roads and NFS trails included in the forest=20
transportation system. Nevertheless, some unauthorized routes are well=20
sited, provide excellent opportunities for outdoor recreation by=20
motorized and non-motorized users, and would enhance the National=20
Forest System of designated roads, trails, and areas. Other=20
unauthorized routes are poorly located and cause unacceptable impacts.=20
Only NFS roads and NFS trails can be designated for wheeled motorized=20
vehicle use. In order for an unauthorized route to be designated, it=20
must first be added to the forest transportation system.
    The Sequoia National Forest is not proposing changes to the=20
existing designated route systems in the Hume Lake and Tule River=20
Ranger Districts, the portion of the Hot Springs Ranger District within=20
the Giant Sequoia National Monument, or on the Kern Plateau at this=20
time. Wheeled motorized vehicle use in these areas is already=20
restricted to an existing designated system of routes.
    In 2004, the Sequoia National Forest completed in inventory of=20
unauthorized routes, as described in the MOI, on NFS lands in the Kern=20
River Ranger District and the Hot Springs Ranger District, outside of=20
the Giant Sequoia National Monument, and identified approximately 582.4=20
miles of unauthorized routes. The Sequoia then used an=20
interdisciplinary process to conduct travel analysis that included=20
working the public to determine whether any of the unauthorized routes=20
should be proposed for addition to the transportation system. Roads,=20
trails, and areas that are currently part of the Sequoia transportation=20
system and are open to wheeled motorized vehicle travel will remain=20
designated for such use, except as described below under the Proposed=20
Action. This proposal focuses only on the prohibition of wheeled=20
motorized vehicle travel off designated routes and needed changes to=20
the Sequoia transportation system, including the addition of some user-
created routes to the Sequoia transportation system and other changes=20
to existing motor vehicle restrictions. The proposed action is being=20
carried forward in accordance with the Travel Management Rule (36 CFR=20
Part 212).
    In accordance with the rule, following a decision on this proposal,=20
the Sequoia National Forest will publish a Motor Vehicle Use Map=20
(MVUM), identifying all Sequoia roads, trails, and areas that are=20
designated for motor vehicle use. The MVUM shall specify the classes of=20
vehicles and, if appropriate, the times of year for which use is=20
designated.
    A Mediated Settlement Agreement (MSA) was signed in 1990, which=20
resolved multiple appeals of the 1988 forest plan. Pages 99-101 of the=20
MSA discuss management of the trail north of Dry Meadows. ``If a trail=20
that can accommodate OHV use can be located through the area, the SPNM=20
boundary shall be adjusted accordingly.''

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=20
vehicle travel by the public. Currently, wheeled motorized vehicle=20
travel by the public is not prohibited off designated routes in the=20
Kern River Ranger District and the Hot Springs Ranger District, outside=20
of the Giant Sequoia National Monument (except by forest order). In=20
their enjoyment of the national forest, motorized vehicle users have=20
created numerous unauthorized routes. The number of such routes has=20
continued to grow each year, with many routes having environmental=20
impacts and

[[Page 33198]]

safety concerns that have not been addressed. The Travel Management=20
Rule, 36 CFR Part 212, provides policy for ending this trend of=20
unauthorized route proliferation and managing the forest transportation=20
system in a sustainable manner, through designation of motorized NFS=20
roads, trails, and areas, and the prohibition of cross-country travel.
    2. There is a need for limited changes and additions to the Sequoia=20
National Forest transportation system to:
    2.1. Provide wheeled motorized access to recreation opportunities=20
(camping, hunting, fishing, hiking, horseback riding, etc.).
    2.2. Provide a diversity of wheeled motorized recreation=20
opportunities (4 x 4 vehicles, motorcycles, ATVs, passenger vehicles,=20
etc.).
    2.3. As obligated by the 1990 Mediated Settlement Agreement (MSA),=20
to the Sequoia National Forest Land and Resource Management Plan to=20
consider whether the trail north of Dry Meadows should continue to be=20
managed for wheeled motorized use (MSA, pages 99-101). Under the=20
Sequoia Land and Resource Management Plan the trail north of Dry=20
Meadows runs through a semi-primitive non-motorized (SPNM) area.
    It is Forest Service policy to provide a diversity of road and=20
trail opportunities for experiencing a variety of environments and=20
modes of travel consistent with the national forest recreation role and=20
land capability [FSM 2353.03(2)].
    In meeting these needs the proposed action must also achieve the=20
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=20
designations based on availability of resources and funding to do so.
    F. Minimize damage to soil, vegetation, and other forest resources.
    G. Avoid harassment of wildlife and significant disruption of=20
wildlife habitat.
    H. Minimize conflicts between wheeled motor vehicles and existing=20
or proposed recreational uses of NFS lands.
    I. Minimize conflicts among different classes of wheeled motor=20
vehicle uses of NFS lands or neighboring federal lands.
    J. Assure compatibility of wheeled motor vehicle use with existing=20
conditions in populated areas, taking into account sound, emissions,=20
etc.
    K. Have valid existing rights of use and access (rights-of-way).

Proposed Action

    Based on the stated purpose and need for action, and as a result of=20
the recent travel analysis process, the Sequoia proposes the following=20
changes to the current transportation system.
    1. The addition of approximately 71 miles of existing unauthorized=20
routes to the National Forest System (NFS) of motorized trails, open to=20
wheeled motorized vehicle use by the public.
    2. The addition of approximately 0.9 miles of existing unauthorized=20
routes to NFS roads, open to all wheeled motorized vehicle use by the=20
public.
    3. The change of approximately 21.8 miles of existing NFS roads,=20
currently closed to public wheeled motorized vehicle use, to NFS=20
motorized trails, open to wheeled motorized vehicle use by the public.
    4. The change or approximately 8.4 miles of existing NFS roads,=20
currently open to public wheeled motorized vehicle use, to NFS=20
motorized trails, open to wheeled motorized vehicle use by the public.
    5. The change of approximately 23.2 miles of existing NFS roads,=20
currently closed to public wheeled motorized vehicle use, to NFS roads,=20
open to all wheeled motorized vehicle use by the public.
    6. The change of approximately 19.5 miles of existing NFS roads,=20
currently open to wheeled motorized vehicle use by the public, to=20
closed NFS roads.
    7. The change of approximately 12.4 miles of existing NFS roads,=20
currently open to public use by highway legal vehicles only, to NFS=20
roads, open to all wheeled motorized vehicle use by the public.
    8. The change of approximately 0.5 mile of existing NFS road,=20
currently open to highway legal vehicles, to NFS motorized trail, open=20
to wheeled motorized vehicle use by the public.
    9. The continuation of wheeled motorized vehicle use by the public=20
on the NFS trail north of Dry Meadow and amendment of the Sequoia=20
National Forest Land and Resource Management Plan to change=20
approximately 5,500 acres of semi-primitive non-motorized (SPNM) to=20
semi-primitive motorized (SPM), to conform with motorized vehicle use=20
of the trail.
    10. The prohibition of wheeled motorized vehicle travel off of=20
designated NFS roads, NFS trails, and areas by the public, except as=20
allowed by permit or other authorization.
    Maps and tables describing in detail both the existing Sequoia=20
National Forest transportation system and the proposed action can be=20
found at htt=
p://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&am=
p;log=3Dlinklog&to=3Dhttp://www.fs.fed.us/r5/sequoia/. In =
addition, maps will be=20

available for viewing at: Supervisor's Office, 1839 South Newcomb=20
Street, Porterville, CA 93757; Kern River Ranger District, 105 Whitney=20
Road, Kernville, CA 93238.

Responsible Official

    The Responsible Official is Tina J. Terrell, Forest Supervisor,=20
Sequoia National Forest, 1839 South Newcomb Street, Porterville, CA=20
93257.

Nature of Decision To Be Made

    The responsible official will decide whether to adopt and implement=20
the proposed action, an alternative to the proposed action, or take no=20
action to make changes to the existing Sequoia National Forest=20
transportation system, amend the Forest Plan, or prohibit cross-country=20
wheeled motorized vehicle travel by the public off the designated=20
system. Once the decision is made, the Sequoia National Forest will=20
publish a Motor Vehicle Use Map (MVUM), identifying the roads, trails,=20
and areas that are designated for motor vehicle use. The MVUM shall=20
specify the classes of vehicles and, if appropriate, the times of year=20
for which use is designated.

Scoping Process

    Public participation will be especially important at several points=20
during the analysis. The Forest Service will be seeking information,=20
comments, and assistance from federal, state, and local agencies and=20
other individuals or organizations interested in or affected by the=20
proposed action.
    The Notice of Intent is expected to be published in the Federal=20
Register on June 15, 2007. The comment period on the proposed action=20
will extend 30 days from the date the Notice of Intent is published in=20
the Federal Register.
    The draft environmental impact statement is expected to be filed=20
with the Environmental Protection Agency (EPA) and to be available for=20
public review by September 2007. EPA will publish a notice of=20
availability of the draft EIS in the Federal Register. The comment=20
period on the draft EIS will extend 45 days from the date the EPA=20
notice appears in the Federal Register. At that time, copies of the=20
draft EIS will be distributed to interested and affected agencies,=20
organizations, and members of the public for their review and comment.=20
It is very important that those interested in the management of the=20
Sequoia National Forest participate at that time.
    The final EIS is scheduled to be completed in September 2008. In=20
the

[[Page 33199]]

final EIS, the Forest Service is required to respond to substantive=20
comments received during the comment period that pertain to the=20
environmental consequences discussed in the draft EIS and applicable=20
laws, regulations, and policies considered in making the decision.=20
Substantive comments are defined as ``comments within the scope of the=20
proposed action, specific to the proposed action, and have a direct=20
relationship to the proposed action, and include supporting reasons for=20
the responsible official to consider'' (36 CFR 215.2). Submission of=20
substantive comments is a prerequisite for eligibility to appeal under=20
the 36 CFR part 215 regulations.

Comment Requested

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

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

    A draft environmental impact statement will be prepared for=20
comment. The comment period on the draft environmental impact statement=20
will be 45 days from the date the Environmental Protection Agency=20
publishes the notice of availability in the Federal Register.
    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. First, reviewers of=20
draft environmental impact statements must structure their=20
participation in the environmental review of the proposal so that it is=20
meaningful and alerts an agency to the reviewer's position and=20
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,=20
533 (1978). Also, environmental objections that could be raised at the=20
draft environmental impact statement stage, but that are not raised=20
until after completion of the final environmental impact statement may=20
be 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, 490=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 a time when it can meaningfully consider them and respond to=20
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 environmental impact statement. Comments may also address the=20
adequacy of the draft environmental impact statement or the merits of=20
the alternatives formulated and discussed in the statement. Reviewers=20
may wish to refer to the Council on Environmental Quality Regulations=20
for implementing the procedural provisions of the National=20
Environmental Policy Act at 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.

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


    Dated: June 1, 2007.
Tina J. Terrell,
Forest Supervisor, Sequoia National Forest.
[FR Doc. 07-2841 Filed 6-14-07; 8:45 am]

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