[Federal Register: November 20, 2009 (Volume 74, Number =
223)]
[Notices] =20
[Page 60235-60236]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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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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[[Page 60235]]
DEPARTMENT OF AGRICULTURE
Forest Service
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Ochoco National Forest, Lookout Mountain Ranger District; Oregon;=20
Ochoco Summit; OHV Trail EIS
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent to prepare an Environmental Impact Statement.
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SUMMARY: The Ochoco National Forest is preparing an Environmental=20
Impact Statement (EIS) to analyze the effects of changing the existing=20
motorized trail system to create and designate a sustainable system of=20
roads, trails and areas open to motor vehicles that will provide legal=20
public access, enhance regulation of unmanaged wheeled motor vehicle=20
travel, protect resources, and decrease conflicts between motorized and=20
non-motorized use on the Ochoco National Forest. Consistent with the=20
Ochoco National Forest Land and Resource Management Plan, as amended,=20
this action is needed to provide to the public a diversity of road and=20
trail opportunities for experiencing a variety of environments and=20
modes of travel.
DATES: Comments concerning the scope of the analysis must be received=20
by December 21, 2009. The draft environmental impact statement is=20
expected to be completed and available for public comment in May 2010.=20
The final environmental impact statement is expected to be completed in=20
August 2010.
ADDRESSES: Send written comments to Ochoco Summit OHV Trail Planning=20
Team, Ochoco National Forest, 3160 NE Third Street, Prineville, Oregon=20
97754. Alternately, electronic comments may be sent to comments-
pacificnorthwest-ochoco@fs.fed.us. Electronic comments must be=20
submitted as part of the actual e-mail message, or as an attachment in=20
plain text (.txt), Microsoft Word (.doc), rich text format (.rtf), or=20
portable document format (.pdf).
FOR FURTHER INFORMATION CONTACT: Dede Steele, Project Leader, at 3160=20
NE. Third Street, Prineville, Oregon 97754, or at (541) 416-6500, or by=20
e-mail at dsteele@fs.fed.us.
Responsible Official: The responsible official will be Jeff Walter,=20
Forest Supervisor, Ochoco National Forest, 3160 NE. Third Street,=20
Prineville, Oregon 97754.
SUPPLEMENTARY INFORMATION:
Purpose and Need. The Deschutes and Ochoco National Forests are=20
working to complete a Travel Management EIS. If implemented, the two-
forest Travel Management EIS would identify specific roads as open for=20
motorized mixed use, and would prohibit off-road travel except where=20
specifically allowed. Opportunities for recreation with off-road=20
vehicles would be reduced. There currently is only one motorized trail=20
in a forested setting on the Ochoco National Forest: The Green Mountain=20
Trail. At just over eight miles, it is not of sufficient length to=20
provide a day of riding to an experienced rider, let alone a weekend of=20
opportunity. As a result, riders are currently venturing off the trail=20
and have created a network of loops. This represents an unauthorized=20
expansion of an undersized trail system. To provide a successful OHV=20
trail system, the system must contain adequate length, diversity,=20
difficulty, loops, alternative routes and other features to provide a=20
quality experience and to keep the use on the designated system.
OHV riders have indicated a desire for additional motorized=20
opportunities other than on mixed use roads. NFS roads are designed=20
primarily for highway-legal vehicles such as passenger cars or log=20
trucks, and are often too wide and too smooth to provide a course with=20
sufficient technical difficulty to keep OHV riders interested and=20
challenged. The intent of providing trails for OHVs is to provide=20
routes with sufficient technical difficulty, diversity of experience=20
and interesting features to keep the riders interested, challenged and=20
engaged with staying on the designated route. The intent of providing=20
mixed use roads is to provide riders with access to a variety of=20
locations on the forest and to provide easy routes for riders who are=20
not looking for a technically difficult experience.
Proposed Action. The Proposed Action focuses on designating=20
motorized trails and supporting areas, in conjunction with=20
opportunities that would remain on mixed use roads identified in the=20
forest-level Travel Management EIS. The Proposed Action would:
Designate a system of trails and areas (including staging=20
areas, play areas, riding areas where young riders may be supervised by=20
adults, learner/warm-up loops, picnic and camping areas) by class of=20
vehicle and season of use.
Utilize designated open motorized mixed use roads as=20
connecters between trail segments.
Designate areas for developed and dispersed camping=20
activities with legal trail access.
Implement rehabilitation or restoration activities in=20
previously damaged areas and interconnecting unauthorized or user-
created routes to promote recovery, and to prevent confusion about=20
which routes are open and which are not.
Establish directional, informational and interpretive=20
signing to: Facilitate proper trail use, safety and enforcement; to=20
provide public information and education; to define trail, riding area,=20
staging area and camp sites locations; to promote recovery of=20
rehabilitation and restoration sites; and to encourage reporting of=20
violations, restoration or maintenance needs.
Trails would be designed with width and difficulty=20
appropriate for each intended vehicle type, while roads designated as=20
open in the forest-level Travel Management EIS would not be narrowed to=20
trail standards (i.e. designated open roads would remain designated=20
open roads).
Issues. Preliminary issues identified include:
Resource concerns including effects to wildlife, fish,=20
streams, sensitive habitats, forage and weeds.
Inadequate quality of experience for off-highway vehicle=20
use on open roads.
Retention of non-motorized use experience, potential noise=20
levels.
Retention of traditional motorized recreational=20
experience, noise/traffic levels.
Concern for increasing off-highway vehicle use on the=20
Forest.
[[Page 60236]]
User conflicts associated with motorized/non-motorized=20
recreation.
Economic sustainability of road and trail system.
Monitoring, maintenance and enforcement of appropriate=20
use.
Potential economic benefits to communities that rely on=20
recreation-tourism.
Potential impacts to adjacent land owners.
Potential impacts to livestock and range improvements on=20
permitted allotments.
Comment. Public comments about this proposal are requested in order=20
to assist in identifying issues, determine how to best manage the=20
resources, and to focus the analysis. Comments received to this notice,=20
including names and addresses of those who comment, will be considered=20
part of the public record on this proposed action and will be available=20
for public inspection. Comments submitted anonymously will be accepted=20
and considered; however, those who submit anonymous comments will not=20
have standing to appeal the subsequent decision under 36 CFR parts 215=20
and 217. Additionally, pursuant to 7 CFR 1.27(d), any person may=20
request the agency to withhold a submission from the public record by=20
showing how the Freedom of Information Act (FOIA) permits such=20
confidentiality. Persons requesting such confidentiality should be=20
aware that, under FOIA, confidentiality may be granted in only very=20
limited circumstances, such as to protect trade secrets. The Forest=20
Service will inform the requester of the agency's decision regarding=20
the request for confidentiality, and where the request is denied, the=20
agency will return the submission and notify the requester that the=20
comments may be resubmitted with or without name and address within a=20
specified number of days.
A draft EIS will he filed with the Environmental Protection Agency=20
(EPA) and available for public review by May, 2010. The EPA will=20
publish a Notice of Availability (NOA) of the draft EIS in the Federal=20
Register. The final ElS is scheduled to be available August, 2010.
The comment period on the draft ElS will be 45 days from the date=20
the EPA 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
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=20
objections that could be raised at the draft EIS stage but that are not=20
raised until after completion of the final EIS may be waived or=20
dismissed by the courts [City of Angoon v. Harris, 490 F. Supp. 1334,=20
1338 (E.D. Wis. 1980)]. Because of these court rulings, it is very=20
important that those interested in this proposed action participate by=20
the close 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 of 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.
In the final ETS, the Forest Service is required to respond to=20
substantive comments received during the comment period for the draft=20
EIS. The Forest Service is the lead agency and the responsible official=20
is the Forest Supervisor, Ochoco National Forest. The responsible=20
official will decide whether and how to change the existing motorized=20
trail system on the Ochoco National Forest. The responsible official=20
will also decide how to mitigate impacts of this action and will=20
determine when and how monitoring of effects will take place.
The Ochoco Summit OHV Trail decision and the reasons for the=20
decision will be documented in the record of decision. That decision=20
will be subject to Forest Service Appeal Regulations (35 CFR Part 215).
Dated: November 12, 2009.
William R. Queen,
District Ranger.
[FR Doc. E9-27801 Filed 11-19-09; 8:45 am]
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