[Federal Register: August 8, 2008 (Volume 73, Number 154)]
[Notices]
[Page 46238-46242]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au08-23]
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DEPARTMENT OF AGRICULTURE
Forest Service
Shasta-Trinity National Forest, California; Shasta-Trinity
National Forest Motorized Travel Management EIS
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an Environmental Impact Statement.
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SUMMARY: The Shasta-Trinity National Forest (Forest) will prepare an
Environmental Impact Statement to disclose the impacts associated with
the following proposed actions:
1. Prohibition of cross-country motorized vehicle travel (with the
exception of snowmobiles) off designated National Forest System (NFS)
roads, NFS trails and areas by the public except as allowed by permit
or other authorization (Travel Management Rule, 36 CFR Part 212,
Subpart B).
2. Amend the Forest Land and Resource Management Plan (Plan) to
conform with the Travel Management Rule, Subpart B, by removing
reference to OHV cross-country travel in the Forest Plan and include as
a forest-wide standard ``Prohibit wheeled vehicle travel off designated
roads and trails except for administrative use or uses under permitted
activities or within designated areas.''
3. Add approximately 32 miles of existing unauthorized routes to
the National Forest Transportation System (NFTS) as roads open to the
public for wheeled motorized vehicle use by vehicle class and season of
use.
4. Add approximately 11 miles of existing unauthorized routes to
the NFTS as motorized trails open to the public for wheeled motorized
vehicle use by vehicle class and season of use.
5. Restrict use below the high-water mark at Shasta Lake and
Trinity Lake, (within the Shasta-Trinity National Recreation Area) to
only highway legal vehicles and provide a maximum speed limit of 15
miles per hour (mph).
DATES: The comment period on the proposed action will extend 30 days
from the date the Notice of Intent is published in the Federal
Register.
Completion of the Draft Environmental Impact Statement (DEIS) is
expected in January 2009 and the Final Environmental Impact Statement
(FEIS) is expected in July 2009.
ADDRESSES: Send written comments to: Travel Management Team, Shasta-
Trinity National Forest, 3644 Avtech Parkway, Redding, CA 96002.
Electronic comments may be submitted to comments-pacificsouthwest-
shasta-trinity@fs.fed.us with Subject: Motorized Travel.
FOR FURTHER INFORMATION CONTACT: Robert Remillard, Shasta-Trinity
National Forest, 3644 Avtech Parkway, Redding, CA 96002, Phone: (530)
226-2421, Fax: (530) 226-2470, e-mail: rremillard@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Background
Over the past few decades, the availability and capability of
motorized vehicles, particularly off-highway vehicles (OHVs) and sport
utility vehicles (SUVs) has increased tremendously. Nationally, the
number of OHV users has climbed sevenfold in the past 30 years, from
approximately 5 million in 1972 to 36 million in 2000. The ten states
with the largest population also have the most OHV users. California
has 4.35 million OHV users accounting for almost 11% of the U.S. total
(Off-Highway Vehicle Recreation in the United States, Regions and
States: A National Report from the National Survey on Recreation and
the Environment (NSRE) Cordell, Betz, Green and Owens June 2005). There
were 786,914 ATVs and OHV motorcycles registered in 2004, up 330% since
1980. Annual sales of ATVs and OHV motorcycles in California were the
highest in the U.S. for the last 5 years. Four-wheel drive vehicle
sales in California also increased by 1500% to 3,046,866 from 1989 to
2002.
Unmanaged OHV use has resulted in unplanned roads and trails,
erosion, watershed and habitat degradation, and impacts to cultural
resource sites. Compaction and erosion are the primary effects of OHV
use on soils. Riparian areas and aquatic dependent species are
particularly vulnerable to OHV use. Unmanaged recreation, including
impacts from OHVs, is one of ``Four Key Threats Facing the Nation's
Forests and Grasslands.'' (USDA Forest Service, June 2004).
On August 11, 2003, the Pacific Southwest Region of the Forest
Service entered into a Memorandum of Intent (MOT) with the California
Off-Highway Motor Vehicle Recreation Commission, and the Off-Highway
Motor Vehicle Recreation Division of the California Department of Parks
and Recreation. That MOI set in motion a region-wide effort to
``Designate OHV roads, trails, and any specifically defined open areas
for motorized wheeled vehicles on maps of the 19 National Forests in
California by 2007.''
On November 9, 2005, the Forest Service published final travel
management regulations in the Federal Register (FR Vol. 70, No. 216-
Nov. 9, 2005, pp 68264-6829 1). Subpart B of the final Travel
Management Rule requires designation of those roads, trails, and areas
that are open to motor vehicle use on National Forests. Route
designations will be made by class of vehicle and, if appropriate, by
time of year. The final rule allows for motor vehicle use only on
designated system routes and in designated areas.
On some NFS lands, long managed as open to cross-country motor
vehicle travel, repeated use has resulted in unplanned, unauthorized,
roads and trails. These routes generally were developed without
environmental analysis or public involvement, and do not have the same
status as NFS roads and NFS trails included in the forest
transportation system. Nevertheless, some unauthorized routes are well-
sited, provide excellent opportunities for outdoor recreation by
motorized and non-motorized users, and would enhance the National
Forest system of designated roads, trails and areas. Other unauthorized
routes are poorly located and cause unacceptable impacts. Only NFS
roads and NFS trails can be designated for wheeled motorized vehicle
use. For an unauthorized route to be designated, it must first be added
to the national forest transportation system (NFTS).
In accordance with the Memorandum of Intent, the Forest recently
completed an inventory of unauthorized routes on NFS lands and
identified approximately 5,085 unauthorized routes totaling 1,198
miles. The Forest then used an interdisciplinary process to conduct
travel analysis to determine whether any of the unauthorized routes
should be proposed for addition to the NFTS in this proposed action. A
number of routes were identified which could be considered in this or
future decisions on the NFTS as a part of travel management on the
Forest. The Responsible Official has made decisions on what, if any,
changes to the existing NFTS would be a part of this proposed action.
Roads, trails and areas that are currently part of the Forest
transportation system and are open to wheeled motorized vehicle travel
will remain designated for such unless changed by this proposal. This
proposal focuses only on the prohibition of wheeled motorized vehicle
travel off
[[Page 46239]]
designated routes and needed changes to the Forest transportation
system, including the addition of some unauthorized routes to the
Forest transportation system and minor changes to existing motor
vehicle restrictions. The proposed action is being carried forward in
accordance with the Travel Management Rule (36 CFR Part 212, Subpart
B).
In accordance with the Travel Management Rule, following a decision
on this proposal, the Forest will publish a Motor Vehicle Use Map
(MVTJM) identifying all Forest roads, trails and areas that are
designated for motor vehicle use. The MVUM shall specify the classes of
vehicles and, if appropriate, the times of year for which use is
designated. Unauthorized routes not included in this proposal are not
precluded from future consideration for addition to the NFTS and
inclusion in a MVUM. Future decisions associated with changes to the
MVIJM may trigger the need for documentation in an environmental
analysis.
Purpose and Need for Action
The following needs have been identified for this proposal:
1. There is a need for regulation of unmanaged motorized vehicle
travel by the public. In their enjoyment of the National Forest,
motorized vehicle users have created numerous unauthorized routes. The
number of such routes continues to grow each year with many routes
having environmental impacts and safety concerns that have not been
addressed. The Travel Management Rule, 36 CFR Part 212, Subpart B,
provides policy for ending this trend of unauthorized route
proliferation through designation of motorized NFS roads, trails and
areas, and the prohibition of cross-country travel.
2. There is a need for the Forest Plan to conform to the new Travel
Management Rule, CFR Part 212, Subpart B. A review of the Forest Plan
has found that it is not fully consistent with the new Travel
Management Rule. Motorized vehicle travel by the public is authorized
off designated routes in some areas of the Forest. For example, the
Record of Decision (page 7), for the Forest Plan permits Off-Highway-
Vehicle (OHV) use as follows: 586,609 acres closed; 1,259,688 acres
restricted; and 275,250 acres open to OHV use. In addition the Forest
Plan states on page 3-16 ``The Forest's OHV Plan designates 239,175
acres to cross-county travel.'' This direction is in conflict with the
Travel Management Rule at 36 CFR 212.50(a) (Motor vehicle use off
designated roads and trails and outside designated areas is prohibited
by 36 CFR 261.13).
3. There is a need for changes and additions to the NFTS system to:
3.1. Provide wheeled motorized access to dispersed recreation
opportunities (camping, hunting, fishing, hiking, horseback riding,
etc.) There is a need to maintain motor vehicle access to dispersed
recreation activities that historically have been accessed by motor
vehicles. A portion of known dispersed recreation activities are not
located directly adjacent to an existing NFTS road or NFTS motorized
trail. Some dispersed recreation activities depend on foot or horseback
access, and some depend on motor vehicle access. Those activities
accessed by motor vehicles consist of short spurs that have been
created and maintained primarily by the passage of motorized vehicles.
Many such ``user-created'' routes are not currently part of the NFTS.
Without adding them to the NFTS, the regulatory changes noted above
would make continued use of such routes illegal through the prohibition
of cross country travel and would preclude access to many dispersed
recreation activities.
3.2. Provide a diversity of wheeled motorized recreation
opportunities (4 x 4 Vehicles, motorcycles, ATVs, passenger vehicles,
etc.). It is Forest Service policy to provide a diversity of road and
trail opportunities for experiencing a variety of environments and
modes of travel consistent with the National Forest recreation role and
land capability (FSM 23 53.03(2)). Implementation of Subpart B of the
Travel Management Rule will severely reduce motorized recreation
opportunities relative to current levels. As a result, there is a need
to consider limited changes and additions to the type of use permitted
on existing NFTS roads as well as potential additions to the NFTS.
In meeting these needs the proposed action must also achieve the
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
designations based on availability of resources and funding to do so.
Currently the Forest has a maintenance backlog for roads of
approximately $137,000,000. Future road and trail budgets are expected
to decrease from current levels.
F. Minimize damage to soil, vegetation and other forest resources.
G. Avoid harassment of wildlife and significant disruption of
wildlife habitat.
H. Minimize conflicts between wheeled motor vehicles and existing
or proposed recreational uses of NFS lands.
I. Minimize conflicts among different classes of wheeled motor
vehicle uses of NFS lands or neighboring federal lands.
J. Assure compatibility of wheeled motor vehicle use with existing
conditions in populated areas, taking into account sound, emissions,
etc.
K. Have valid existing rights of use and access (rights-of-way).
L. Constrain the proposal to that which is within the capability of
the Forest to analyze given: The Shasta-Trinity National Forest MVUM
publication deadline is December 2009, available funding (road and
trail management budgets), and available resources (resource data and
staff time).
Proposed Action
1. Prohibit cross-country motorized vehicle travel (with the
exception of snowmobiles) off the designated NFTS roads, NFTS trails
and areas by the public except as allowed by permit or other
authorization.
2. Amend the Forest Plan to be consistent with the Travel
Management Rule (36 CFR Part 212, Subpart B) prohibiting cross-county
motorized vehicle travel off designated NFS roads and NFTS trails
outside of designated areas by removing reference to OHV cross country
travel in the Forest Plan and including as a forest-wide standard
``Prohibit wheeled vehicle travel off designated roads and trails
except for administrative use or uses under permitted activities or
within designated areas.''
3. Add approximately 32 miles of existing unauthorized routes as
National Forest Transportation System (NFTS) roads classified as open
to all vehicle classes, both highway legal and non-highway legal, as
shown in Table 1. With these additions, roads open to all vehicle
classes will be approximately 3,818 miles. Forest roads maintained for
low clearance passenger cars are subject to State traffic laws (36 CFR
212.5(a)(1)). As a result, such roads are open to highway legal
vehicles only. These additions would bring the total of all NFTS roads
to approximately 5,177 miles. The NFTS road additions are listed below
along with the permitted vehicle class and, if applicable, season of
use.
[[Page 46240]]
Table 1--Proposed NFS Motorized Road Additions
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Miles Permitted vehicle
Route ID (length) class Season of use
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JG3O................................ 0.18 All................... July 10 to January 31.
JG31................................ 0.21 All................... July 10 to January 31.
JM244............................... 0.96 All................... July 10 to January 31.
JM25................................ 0.19 All................... Yearlong.
JM72................................ 0.06 All................... August 2 to December 31.
NRA1................................ 0.60 All................... July 10 to January 31.
NRA2................................ 0.30 All................... Yearlong.
NRA3................................ 0.22 All................... Yearlong.
PM2004.............................. 0.32 All................... July 10 to January 31.
PM304............................... 0.03 All................... July 10 to January 31.
SE194............................... 0.04 All................... Yearlong.
SE314............................... 0.07 All................... Yearlong.
SE416............................... 2.04 All................... Yearlong.
SE476............................... 0.16 All................... Yearlong.
SE477............................... 0.15 All................... Yearlong.
SE508............................... 0.12 All................... Yearlong.
SFMU12.............................. 0.10 All................... Yearlong.
SFMU13.............................. 0.26 All................... Yearlong.
SFMU17.............................. 0.04 All................... Yearlong.
SFMU18.............................. 0.03 All................... August 16 to January 31.
SFMU4............................... 0.02 All................... July 10 to January 31.
SFMU5............................... 0.06 All................... Yearlong.
SFMU6............................... 0.02 All................... July 10 to January 31.
SFMU7............................... 0.01 All................... Yearlong.
SW234............................... 0.14 All................... July 10 to January 31.
TC1004.............................. 0.12 All................... July 10 to January 31.
TC1238.............................. 0.04 All................... July 10 to January 31.
TC349............................... 0.12 All................... Yearlong.
1C828............................... 0.08 All................... July 10 to January 31.
TC838............................... 0.14 All................... July 10 to January 31.
TC899............................... 0.06 All................... July 10 to January 31.
TRMU2............................... 0.54 All................... Yearlong.
TRMU3............................... 0.15 All................... Yearlong.
TRMU5............................... 0.22 All................... Yearlong.
TRMU6............................... 0.05 All................... Yearlong.
U1B005A............................. 0.09 All................... Yearlong.
UIS39B.............................. 0.23 All................... July 10 to January 31.
U27N02G............................. 0.09 All................... Yearlong.
U30N27S............................. 0.05 All................... Yearlong.
U30N29E............................. 0.74 All................... July 10 to January 31.
U34N26DA............................ 0.26 All................... Yearlong.
U34N26DAA........................... 0.09 All................... Yearlong.
U35N05A............................. 1.74 All................... July 10 to January 31.
U35N85A............................. 0.19 All................... July 10 to January 31.
U36N35AA............................ 0.71 All................... Yearlong.
U36N35AB............................ 0.10 All................... Yearlong.
U4ON13D............................. 0.71 All................... July 10 to January 31.
U40N35A............................. 0.65 All................... Yearlong.
U4ON84AA............................ 1.59 All................... Yearlong.
U4ON88XCB........................... 0.49 All................... Yearlong.
U4ON88XE............................ 0.25 All................... Yearlong.
U4ON91YA............................ 0.63 All................... Yearlong.
U414A............................... 0.59 All................... Yearlong.
U414C............................... 0.19 All................... Yearlong.
U414CA.............................. 0.12 All................... Yearlong.
U414D............................... 0.15 All................... Yearlong.
U414F............................... 0.18 All................... Yearlong.
U414FA.............................. 0.04 All................... Yearlong.
U41N18A............................. 2.52 All................... Yearlong.
U41N18AA............................ 2.08 All................... Yearlong.
U41N18AAD........................... 0.82 All................... Yearlong.
U41N55D............................. 1.21 All................... Yearlong.
U41N55E............................. 1.60 All................... Yearlong.
U42N18A............................. 3.89 All................... Yearlong.
U42N18AA............................ 2.43 All................... Yearlong.
U4N12L.............................. 0.06 All................... July 10 to January 31.
U4N12LA............................. 0.06 All................... July 10 to January 31.
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Total miles..................... 32.42
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[[Page 46241]]
4. Add approximately 11 miles of existing unauthorized routes as
NFTS motorized trails, as shown in Table 2. This would bring the total
NFTS motorized trails to 163 miles. Approximately 2 miles of motorized
trails would be classified as open for ``All Trail Class Vehicles''.
The remaining 9 miles of motorized trails would be classified as open
for ``Motorcycle only'' or ``Vehicles 50 inches or less in width''. The
additional NFTS motorized trails are listed below along with the
permitted vehicle class and, if applicable, season of use.
Table 2--Proposed NFS Motorized Trail Additions
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Miles
Route ID (length) Permitted vehicle class Season of use
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PM702.............................. 0.04 All Trail Class Vehicles.. July 10 to January 31.
RM026.............................. 1.55 Vehicles 50'' or less in July 10 to January 31.
width.
RMO9O.............................. 0.07 All Trail Class Vehicles.. July 10 to January 31.
RM1036............................. 2.16 All Trail Class Vehicles.. Yearlong.
RM1226............................. 0.10 All Trail Class Vehicles.. Yearlong.
RM706.............................. 0.07 All Trail Class Vehicles.. Yearlong.
TC1098............................. 0.05 Vehicles 50'' or less in Yearlong.
width.
TC1249............................. 0.04 All Trail Class Vehicles.. July 10 to January 31.
TC1829............................. 0.14 All Trail Class Vehicles.. July 10 to January 31.
TC319.............................. 0.12 All Trail Class Vehicles.. Yearlong.
U29N28C............................ 0.51 Motorcycle only........... July 10 to January 31.
U31NO2Q............................ 0.28 Vehicles 50'' or less in July 10 to January 31.
width.
U4N12D............................. 3.38 Vehicles 50'' or less in July 10 to January 31.
width.
UOHVO1X............................ 0.36 Motorcycle only........... Yearlong.
UOHVO2J............................ 0.53 Vehicles 50'' or less in Yearlong.
width.
UOHV18............................. 0.15 Vehicles 50'' or less in Yearlong.
width.
UOHV5OA............................ 0.43 Motorcycle only........... Yearlong.
UOHV5OC............................ 0.14 Motorcycle only........... Yearlong.
UT29N3OHA.......................... 0.80 Vehicles 50'' or less in July 10 to January 31.
width.
UT29N3OHAB......................... 0.25 Vehicles 50'' or less in Yearlong.
width.
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Total miles........................ 11.16
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5. Restrict use below the high-water mark at Shasta Lake and
Trinity Lake, (within the Shasta-Trinity National Recreation Area) to
only highway legal vehicles and provide a maximum speed limit of 15 mph
(refer to Table 3).
Table 3--Vehicle Class Additions/Prohibitions
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Current permitted
Area Acreage vehicle class Proposed permitted vehicle class
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Below the high-water mark at Varies based on All................ Highway legal vehicles. Speed limit
Shasta Lake and Trinity Lake water level. not to exceed 15 mph.
(within the Shasta-Trinity
National Recreation Area).
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Maps and tables describing in detail both the Forest transportation
system and the proposed action can be found at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us/r5/shastatrinity/news/ohv/index.shtml.
In addition, maps will be available for viewing at: Supervisor's
Office Shasta-Trinity National Forest, 3644 Avtech Parkway, Redding,
CA, Shasta Lake Ranger Station, 14225 Holiday Road, Redding, CA 96003,
Weaverville Ranger Station, P.O. Box 1190, 360 Main Street,
Weaverville, CA 96093, Hayfork Ranger Station, P.O. Box 159, (111
Trinity Street), Hayfork, CA 96041, Mount Shasta Ranger Station, 204
West Alma, Mt. Shasta, CA 96067
Responsible Official
J. Sharon Heywood, Forest Supervisor, Shasta-Trinity National
Forest, 3644 Avtech Parkway, Redding, CA 96002.
Nature of Decision To Be Made
The responsible official will decide whether to adopt and implement
the proposed action, an alternative to the proposed action, or take no
action to make changes to existing prohibitions and allowances for
public wheeled motorized vehicle travel within the existing NFTS and
prohibit cross country wheeled motorized vehicle travel by the public
off the designated system. Once the decision is made, the Forest will
publish a MVUM identifying the roads, trails and areas that are
designated for motor vehicle use. The MVUM shall specify the classes of
vehicles and, if appropriate, the times of year for which use is
designated. Future decisions associated with changes to the MVUM may
trigger the need for documentation of environmental analysis.
Scoping Process
Public participation will be especially important at several points
during the analysis. The Forest Service will be seeking information,
comments, and assistance from the federal, state, and local agencies
and other individuals or organizations who may be interested in or
affected by the proposed action.
The Notice of Intent is expected to be published in the Federal
Register on August 7, 2008.
The comment period on the proposed action will extend 30 days from
the date the Notice of Intent is published in the Federal Register.
[[Page 46242]]
The draft EIS is expected to be filed with the Environmental
Protection Agency (EPA) and to be available for public review by
January 2009. EPA will publish a notice of availability of the draft
EIS in the Federal Register. The comment period on the draft EIS will
extend 45 days from the date the EPA notice appears in the Federal
Register. At that time, copies of the draft EIS will be distributed to
interested and affected agencies, organizations, and members of the
public for their review and comment. It is very important that those
interested in the management of the Shasta-Trinity National Forest
participate at that time.
The final EIS is scheduled to be completed in July 2009. In the
final EIS, the Forest Service will respond to comments received during
the comment period that are: within the scope of the proposed action;
specific to the proposed action; have a direct relationship to the
proposed action; and include supporting reasons for the responsible
official to consider. Submission of comments in response to the draft
EIS is a prerequisite for eligibility to appeal under the 36 CFR part
215 regulations.
Comment Requested
This notice of intent initiates the scoping process which guides
the development of the EIS.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: A draft EIS will be prepared for comment. The
comment period on the draft environmental impact statement will be 45-
days from the date the EPA publishes the notice of availability in the
Federal Register.
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 EIS.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft EIS should
be as specific as possible. It is also helpful if comments refer to
specific pages or chapters of the draft EIS. Comments may also address
the adequacy of the draft EIS 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: July 28, 2008.
J. Sharon Heywood,
Forest Supervisor.
[FR Doc. E8-17995 Filed 8-7-08; 8:45 am]
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