From: Subject: FR Doc 07-4427 Date: Sun, 16 Sep 2007 22:59:30 -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/2007/07-4427.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 FR Doc 07-4427 
[Federal Register: September 11, 2007 (Volume 72, Number 175)]
[Notices]              =20
[Page 51772-51775]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se07-26]                        =20

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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,=20
delegations of authority, filing of petitions and applications and =
agency=20
statements of organization and functions are examples of documents=20
appearing in this section.

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DEPARTMENT OF AGRICULTURE

Forest Service

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Black Hills National Forest Travel Management Plan

AGENCY: Forest Service, USDA.

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

-----------------------------------------------------------------------

SUMMARY: The Forest Service proposes to designate which routes (roads=20
and trails) on federal lands administered by the Forest Service within=20
the Black Hills National Forest are open to motorized travel. In so=20
doing, the agency will comply with requirements of the Forest Service=20
2005 Travel Management Rule. Some areas were considered for cross-
country travel designation, but no areas are included in this proposal.=20
As a result of these travel management decisions, the Forest Service=20
will produce a Motorized Vehicle Use Map (MVUM) depicting those routes=20
on the Black Hills National Forest that will remain open to motorized=20
travel. The MVUM will be the primary tool used to determine compliance=20
and enforcement with motorized vehicle use designations on the ground.=20
Those existing routes and other user-created routes not designated open=20
on the MVUM will be legally closed to motorized travel. The decisions=20
on motorized travel do not include over-snow travel or existing winter-
use recreation.

DATES: Comments concerning the scope of the analysis must be received=20
by November 9, 2007. The draft environmental impact statement is=20
expected to be released in April 2008 and the final environmental=20
impact statement is expected in September 2008.

ADDRESSES: Send written comments to Travel Management, Black Hills=20
National Forest, 1019 North 5th Street, Custer, SD 57730. Electronic=20
comments may be sent to comments-ro=
cky-mountain-black-hills@fs.fed.us,=20
with ``Travel Management'' in the subject line. Comments must be=20
readable in Microsoft Word, rich text or pdf formats.

FOR FURTHER INFORMATION CONTACT: Tom Willems, Team Leader, at 
twillems@fs.fed.us or (605) 673-9200.


Purpose and Need for Action

    The purpose and need for this action is to improve management of=20
motorized vehicle use on National Forest System lands within the Black=20
Hills National Forest in accordance with provisions of 36 CFR Parts=20
212, 251, 261, and 295 Travel Management; Designated Routes and Areas=20
for Motor Vehicle Use; Final Rule.

Proposed Action

    The proposed action is to designate selected roads and trails open=20
to motorized travel (wheeled vehicles only) on lands administered by=20
the Black Hills National Forest. Where it is appropriate and necessary,=20
the designations will also set specific seasons of use and type of use=20
for those roads and trails. In doing so, the Forest will comply with=20
requirements of the Forest Service 2005 Travel Management Rule (36 CFR=20
part 212). Some areas were considered for cross-country travel=20
designation, but no areas are included in this proposal. As a result of=20
these travel management decisions, the Black Hills National Forest will=20
produce a Motor Vehicle Use Map (MVUM) depicting those routes and areas=20
on the Forest that will remain open to motorized travel. The MVUM will=20
be the primary tool used to determine compliance and enforcement with=20
motorized travel designations on the ground. Those existing Forest=20
Service routes, as well as other user-created routes, not designated=20
open on the MVUM will be legally closed to motorized travel.
    In order to implement the proposed action, it would be necessary to=20
amend some existing direction and terminology in the Revised Forest=20
Plan for the Black Hills National Forest. These changes to Plan=20
direction would be enduring changes and would apply to this decision=20
and all subsequent project decisions unless and until further modified.
    Proposed travel management-related changes to the 1997 Black Hills=20
National Forest Revised Land and Resource Management Plan are based on=20
elements of the travel management rule, public meeting comments,=20
District and Core Travel Management Team recommendations, Forest=20
Leadership Team decisions, and the Black Hills National Forest Advisory=20
Board (NFAB), Travel Management Subcommittee, recommendations. The goal=20
is to provide a transportation system that is within the Black Hills=20
National Forest's ability to manage (operate and maintain) and provides=20
a variety of users with a diverse experience while minimizing impacts=20
to resources.
    The proposed transportation system open to motorized travel under=20
this proposal would be a total of 3,998 miles. This is a change of 298=20
miles from the existing condition of approximately 3,700 miles. New=20
project decisions could change this system without amending the Forest=20
Plan.
    The proposed transportation system was developed with extensive=20
public input over a period of three years and addresses a variety of=20
concerns, including access to private lands within the National Forest=20
boundary, funding, access to the Forest for motorized and non-motorized=20
recreation, and roads under the jurisdiction of county, state, and=20
other federal agencies. Specifically, this transportation system would=20
allow for a balance between various recreational uses of the Forest. It=20
would provide for various forms of reasonable motorized use on a=20
designated system of routes.
    The proposed transportation system is depicted in detail on the=20
Black Hills National Forest Travel Management Plan Proposed Action map=20
(Map) located on the Forest Web site: http://frwebgate.access.gpo.gov/cgi=
-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlinklog&to=3Dhttp://=
www.fs.fed.us/r2/blackhills/recreation/travel_management/ohv.shtml.
 Other existing=20

routes not shown on this map would not be open to public motorized=20
travel. New routes would not be created except by written decision of=20
an authorized Forest Service official. Unauthorized new routes would=20
not be approved for public motorized travel. If this proposal is=20
selected for implementation, the information on this map would become=20
the Motor Vehicle Use Map (MVUM) required by regulation and agency=20
policy.
    A proposed Off Highway Vehicle (OHV) trail system is a significant=20
element of the total transportation system in this proposal. It would=20
accommodate the desire for a mix of

[[Page 51773]]

different motorized recreation uses by a variety of motorized vehicles=20
including All Terrain Vehicles (ATVs), motorcycles, and full-size off-
road vehicles. The system would provide for a variety of different=20
uses, including multi-scale looped routes, destination sites, and=20
challenges such as rock crawling. This proposal follows the=20
recommendation of the NFAB Travel Subcommittee.
    This proposal is preparatory to a system of looped routes at=20
several scales, with some dead-end routes leading to destination sites=20
(such as cultural or special activity sites), or portal sites at=20
municipal boundaries. Some of these loops are single-type use, but the=20
majority are designated for mixed use. Mixed use is defined as use of a=20
designated route by both highway legal and non-highway legal motor=20
vehicles.
    The proposed OHV trail system is depicted on the Map. Some roads=20
and trails on this system are designated to accommodate more than one=20
type of use. These mixed-use routes are designated on the Map. If this=20
proposal is selected for implementation, the information on this map=20
would become the Motor Vehicle Use Map (MVUM) required by regulation=20
and agency policy. Only those routes shown on the MVUM would be=20
authorized for motorized travel.
    Under this proposal most of the route mileage would occur on=20
existing Forest System routes currently open to motorized travel.=20
However, this proposal also includes construction of short connector=20
routes and designation of some currently unauthorized routes between=20
existing Forest System routes.
    It is our long-term goal to locate the majority of these designated=20
routes away from communities and subdivisions. This would help reduce=20
noise impacts to residents, as well as reduce the occurrence of single=20
or privileged access by adjacent landowners. However, use on some=20
routes would probably be audible to those living nearby.
    Approximately 2,213 miles of Forest System roads would be=20
designated for mixed-use, as ``roads open to all vehicles,'' and=20
considered part of the proposed OHV Trail System. Forest System roads=20
not considered for mixed-use would be designated as ``roads open to=20
highway legal vehicles only.'' This would apply to approximately 1,075=20
miles of Forest Service roads that were not proposed to be part of the=20
OHV Trail System.
    This proposal would allow cross-country motorized game retrieval of=20
legally harvested downed elk, within 300 feet from the centerline of=20
specific designated routes, providing resource damage does not occur.=20
Designated routes would be limited to only those routes located within=20
management areas where off-route motorized travel is currently allowed=20
by the Forest Plan. This includes and is limited to routes located=20
within Management Areas 5.1, 5.1A, 5.3A, and 5.6. Game retrieval would=20
not be allowed along routes located in management areas that do not=20
currently allow off-route motorized travel, such as Wilderness, Norbeck=20
Wildlife Preserve, Research Natural Areas, and Botanical Areas. The=20
intent of this proposal would be to provide reasonable access to downed=20
elk that are difficult to move long distances without motorized=20
assistance. Motorized cross-country retrieval of deer, bighorn sheep,=20
mountain goats, pronghorn, turkey, and other game animals would not be=20
allowed under this proposal because these animals are small enough to=20
retrieve without motorized assistance. This proposal is consistent with=20
the recommendation of the NFAB Travel Subcommittee, the Rocky Mountain=20
Region Consistency letter, 36CFR Part 212.51(8)(b), and recommendations=20
from the South Dakota Department of Game, Fish and Parks. Designated=20
routes off of which game retrieval would be allowed will be delineated=20
on the MVUM.
    This proposal would allow dispersed camping off designated routes,=20
in certain areas, under certain conditions. In all cases where allowed,=20
motorized vehicles would be restricted to within 100 feet for dispersed=20
camping from the centerline of specific designated routes, using the=20
most direct route to the camp site. This would allow for reasonable=20
recreational use of the Forest while minimizing the potential for=20
resource damage. This proposal follows the recommendation of the NFAB=20
Travel Subcommittee. Designated routes along which dispersed camping=20
would be allowed will be shown on the MVUM.
    Under this proposal, off-road parking would be allowed along=20
designated routes under certain conditions. Primary considerations in=20
designating this policy were user safety and resource protection. Draft=20
proposed FSM direction would allow parking off designated routes, not=20
to exceed a distance of one vehicle length.
    Public comments by other recreationists and private landowners=20
during the past three years have identified excessive OHV sound as a=20
major concern within the Forest. To adequately address these potential=20
user conflicts in the future, a stationary sound limit of 96 dB(A) is=20
proposed for OHVs operating on lands administered by the Black Hills=20
National Forest. The Society of American Engineers (SAE) J1287=20
stationary sound test procedure will be used for determining compliance=20
with OHV sound-level standards.

Responsible Official

    The Responsible Official is Craig Bobzien, Forest Supervisor, Black=20
Hills National Forest, 1019 North Street, Custer, SD 57730.

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 under his authority:

     Whether to designate certain routes as open to the public=20
for motorized use;
     Whether to allow game retrieval; dispersed camping; off-
road parking;
     The conditions of any such use, including the allowed=20
season and/or type of use for those routes open to motorized travel;
     Whether to amend the Forest Plan direction for travel=20
management.
    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 routes designated as open.

Public Involvement

    Preliminary public involvement was initiated in 2003 in an effort=20
to familiarize the public and stakeholders throughout the Black Hills=20
region with the objectives of travel management. Between 2003 and 2007,=20
the Black Hills National Forest hosted and participated in numerous=20
public meetings and workshops in Wyoming and South Dakota.
    Between 2004 and 2006, the OHV and Travel Management subcommittees=20
of the Black Hills National Forest Advisory Board conducted a number of=20
public meetings to solicit general comments on travel management. The=20
meetings were held in South Dakota and Wyoming to discuss and review=20
Subcommittee objectives and the current Forest Service national OHV=20
policy direction, and outline plans for the future. The purpose of=20
these meetings was to gather input to help develop recommendations for=20
future OHV policy planning.
    The Travel Management subcommittee also distributed a User

[[Page 51774]]

Needs Assessment Questionaire solicit comments from both OHV and non-
OHV users to evaluate the potential for establishing a designated Off-
Highway Vehicle (OHV) trail system on the Black Hills National Forest.=20
The 559 comments submitted helped the Subcommittee define opportunities=20
for an OHV trail system and understand potential conflicts with other=20
users.
    The National Off-Highway Vehicle Conservation Council (NOHVCC) in=20
cooperation with the Black Hills National Forest conducted an OHV Route=20
Designation Workshop in October 2006 for agency personnel and the=20
public. The purpose of this workshop was to assist the Forest Service=20
and the public in effective implementation of the USFS Travel=20
Management Rule.
    Four ``Travelways'' Workshops were conducted by the Forest during=20
November, 2006. The purpose of these workshops was to gather public=20
input and ideas for the development of a proposed action. A product=20
from these workshops was a collection of forest site specific=20
information from participants after they completed a mapping exercise.
    The public was also asked to provide input to the Forest Service on=20
routes they wanted to remain open and/or those routes that may be in=20
conflict with other desired conditions sought by the public on National=20
Forest System lands. This initial public involvement ended in 2007 with=20
the agency receiving numerous comments on individual routes, a large=20
number of general comments, and some area-wide comments. This=20
preliminary public input helped the Forest Service to develop this=20
proposed action.

Scoping Process

    The Forest Service will conduct meetings to solicit comments from=20
the public and interested parties on this proposal.
    The meetings are scheduled from 7 p.m. to 9 p.m. at the following=20
locations:

Sundance, WY--September 10, 2007 (Monday), Crook County Courthouse, 309=20
Cleveland Street.
Rapid City, SD--September 11, 2007 (Tuesday), Best Western Ramkota=20
Hotel (Rushmore Room), 2111 North LaCrosse Street.
Spearfish, SD--September 12, 2007 (Wednesday), Wilbur S. Tretheway=20
Pavilion, 115 South Canyon Street.
Custer SD--September 13, 2007 (Thursday), Crazy Horse Memorial=20
(Mountain View Room), Avenue of the Chiefs.

    Notices of those meetings and requests for comments have been=20
published in local newspapers.
    Based on comments received as a result of this notice and after the=20
Forest Service has conducted public meetings and afforded the public=20
sufficient time to respond to the proposed action, the agency will use=20
the public scoping comments along with resource related input for the=20
interdisciplinary team and other agency resource specialists to develop=20
a set of significant issues to carry forward into the environmental=20
analysis process.

Preliminary Issues

    The agency has received some indications of potential issues from=20
the initial public involvement process conducted during the last=20
several years. Those expected issues include:
    (1) Resource damage caused by inappropriate types of vehicle use:=20
(e.g. motorized vehicles in fragile or steep terrain), Proliferation of=20
routes (e.g. parallel trails or roads, illegal travel off designated=20
routes), and unrestricted season of use (e.g. routes open to motorized=20
travel too long into the wet or muddy seasons).
    (2) Disturbing or harming wildlife by using routes in important or=20
critical wildlife habitat areas, too many roads in wildlife habitat=20
areas, and disturbance to wildlife during critical lifecycle periods.
    (3) Concerns about recreational opportunities, including loss of=20
recreational opportunities when existing routes are closed to motorized=20
travel, loss of semi-primitive and primitive recreational opportunity=20
if more routes or areas are open to motorized travel, and how to=20
appropriately and reasonably accommodate the fast growing number of=20
motorized users desiring to use federal lands for recreational riding=20
of OHVs.
    (4) Concerns on how the system might be designed to facilitate=20
effective enforcement.
    (5) Safety concerns on routes where multiple vehicle types (e.g.=20
full-sized trucks and cars, ATVs, motorcycles) are allowed.
    The Forest Service recognizes that this list of issues is not=20
complete and will be further defined and refined as scoping continues.=20
The Forest service intends to develop a comprehensive list of=20
significant issues before the full range of alternatives is developed=20
and the environmental analysis is begun.

Comment Requested

    This notice of intent initiates the scoping process which guides=20
the development of the environmental impact statement for the Black=20
Hills National Forest Travel Management Plan.

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
553 (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 comment period so that substantive=20
comments and objections are made available to the Forest Service at a=20
time when it can meaningfully consider them and respond to them in the=20
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 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 of=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.


[[Page 51775]]


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

    Dated: September 5, 2007.
Dennis Jaeger,
Deputy Forest Supervisor, Black Hills National Forest.
[FR Doc. 07-4427 Filed 9-10-07; 8:45 am]

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