[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Notices]
[Pages 67300-67302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32324]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 61, No. 246 / Friday, December 20, 1996 / 
Notices  

[[Page 67300]]



DEPARTMENT OF AGRICULTURE

Forest Service


Off-Highway Vehicle (OHV) Management on the Daniel Boone National 
Forest, KY

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Daniel Boone National Forest (Agency) will prepare a draft 
and final environmental impact statement (EIS) to amend its Forest Land 
and Resource Management Plan (Forest Plan) to establish management 
direction Forest-wide to allow off-highway vehicles (OHV) only on 
routes designated in those areas of the Forest appropriate for that 
type of use on National Forest System lands. Management Areas (MA) 
identified as incompatible to OHV use are; MA-1; Beaver Creek 
Wilderness; MA-2, Clifty Wilderness; MA-4, Red River Gorge Geological 
Area; MA-9, Rock Creek Research Natural Area.
    All future designated or constructed routes would undergo a 
separate, site-specific, environmental analysis, including the 
opportunity for public involvement. All designated routes should meet 
Forest Service Handbook 2309.18 (Trail Management Handbook) OHV route 
standards.
    The existing Forest Plan, approved on September 27, 1985, has a 
policy of permitting OHV use Forest-wide except where prohibited to 
protect resources. Since the Forest Plan was approved, many changes 
have occurred that have prompted the Agency to consider changing this 
policy before the scheduled Forest Plan revision. Changes include, 
greater recreational OHV use than anticipated in analysis for the 
existing Forest Plan; an expanded variety of OHVs; the potential for 
adverse effects to threatened and endangered species found on the 
Daniel Boone National Forest, and discoveries of additional populations 
of threatened and endangered species; and, appropriated funding below 
what was anticipated in the Forest Plan.
    The Agency invites written comments and suggestions within the 
scope of the analysis described below. In addition, the Agency gives 
notice that a full environmental analysis and decision making process 
will occur on the proposal so that interested and affected people are 
aware of how they may participate and contribute to the final decision.

DATES: Comments concerning the scope of this analysis should be 
received by February 14, 1997.

ADDRESSES: Submit written comments to Forest Supervisor, Daniel Boone 
National Forest, 1700 Bypass Road, Winchester, KY 40391.

FOR FURTHER INFORMATION CONTACT:
Jorge Hersel, Dispersed Recreation Specialist, Daniel Boone National 
Forest, 1700 Bypass Road, Winchester, KY 40391, or by calling (606) 
745-3182.

RESPONSIBLE OFFICIAL: The Forest Supervisor for the Daniel Boone 
National Forest, located at 1700 Bypass Road, Winchester, KY 40391, is 
the Responsible Official for this action.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    Current Forest policy permits OHV use Forest-wide except where 
prohibited to protect resource values (FLMP, IV-5). This use includes 
cross-country travel as well as trail and road use. Resource protection 
measures include closing or restricting either large areas or specific 
trails.
    In recent years the Forest Service has noticed an increase in OHV 
use on the Forest with a corresponding increase in impacts on 
resources. The increased impacts include an increased potential for 
adverse effects to a number of threatened and endangered species. 
Because of this, and the fact that the process to complete a non-
significant amendment to the Forest Plan should be completed faster 
than it takes to revise the entire Forest Plan, the Forest Service 
feels that it is essential to change management direction on this issue 
prior to the completion of the Forest Plan revision.
    The Forest Service is legally directed to provide wise use of the 
resources as long as it does not lead to the overall detriment of the 
resources. The Agency has noticed an increase in user-developed, cross-
country trails and hill climbs. These types of general use seem to be 
contributors to much of the resource impacts we have identified on 
National Forest System lands. Although the impacts to a number of 
individual sites have been repaired, one of our concerns is that trail 
maintenance, land restoration, and enforcement of restrictions, have 
not kept up with the increased level of use and its corresponding 
impacts.
    In recent contacts with the public with regards to the Forest Plan 
revision, the issue of OHV management on the National Forest was 
identified as one of the major issues. Due to the large number of OHVs 
in use on the Forest, the Forest Service has observed, and members of 
the public have brought to our attention, areas of soil erosion, 
sediment washed into streams and lakes, and possible direct and 
indirect impacts to federally threatened and endangered species. 
Specific areas of concern include the Cumberland River drainage, with 
its large numbers of federally-listed threatened and endangered aquatic 
species, and areas near federally-listed threatened and endangered bat 
hibernacula and maternity sites.
    Our existing policy was based on conditions that existed at the 
time of the development of the present Forest Plan. Since that Plan was 
approved in 1985, many changes have occurred, such as:
     Increased interest in recreational OHV use.
     Increased dependence on OHVs as a means of transportation 
for day-to-day activities.
     An expanding variety of OHVs, such as 4X4s, quad runners, 
railcars, and motorcycles; and the difference between street legal 
vehicles and non-street legal vehicles.
     New information on threatened and endangered species, and 
the discoveries of additional populations of listed species.
     The appropriations of trail construction and maintenance 
funds have not kept pace with the increased OHV use.
    Some factors that add to the complexity of managing OHV use on the 
Daniel Boone include, the lack of designated routes in the National 
Forest;

[[Page 67301]]

the difficulty Forest Service Law Enforcement Officers have enforcing 
restrictions on a large area of land; the scattered ownership pattern 
of the National Forest; the different types of OHVs with their 
different trail needs; the fact that some OHVs are legal for use on 
public roads and some are not; and, the use of small OHVs by local 
residents, hunters and anglers for general transportation in and around 
the National Forest.
    Due to the complexities of this issue and the potential for adverse 
effects occurring related to the recreation activity, a change in 
management direction is needed to more effectively manage this use, 
prevent impacts to soil and water resources, and prevent possible 
adverse effects to aquatic threatened and endangered species.

Proposed Action

    The Forest Service is proposing to amend the Forest-wide management 
direction to allow OHV use only on designated routes in areas of the 
Forest compatible with OHV use. Management Areas (MA) identified as 
incompatible to OHV use are; MA-1, Beaver Creek Wilderness; MA-2, 
Clifty Wilderness; MA-4, Red River Gorge Geological Area; MA-9, Rock 
Creek Research Natural Area.
    All currently designated trails and roads where OHVs are designated 
as an appropriate use will be included in this analysis. However, all 
future routes to be designated or constructed will undergo a separate 
site-specific environmental analysis, including the opportunity for 
public involvement. All designations should meet Forest Service 
Handbook 2309.18 (Trail Management Handbook) OHV route standards.
    Based on considerations of timing, and anticipated changes to 
Forest Plan goals, objectives, and outputs, this proposal is 
anticipated to result in a non-significant amendment to the Forest Plan 
that will incorporate new management direction for using OHVs on 
National Forest System lands. It is anticipated that decisions made in 
this study will be incorporated into the Forest Plan revision.
    The scope of the proposed action does not include the following:
     Changes in management areas and land allocations 
associated with OHV use. They will be dealt with in the revision 
process.
     The designation of new OHV routes. Designation of 
additional routes would occur as a site specific analysis and decision-
making process is completed for each route, and is outside the scope of 
this project.
     The use of OHVs on county or state roads. It is outside 
the jurisdiction of this agency to close or otherwise regulate such use 
on these roads.
     The use of ``street legal'' OHVs on Forest Development 
Roads open to the general public.

Preliminary Issues

    The comments received in the contacts with the public and internal 
discussion indicated the following preliminary issues associated with 
OHV management on the Forest:
     Unacceptable resource impacts are occurring in some areas, 
due to unrestricted OHV use on the Forest.
     OHV use has increased in the last few years and 
indications are this that trend will continue.
     User developed trails are growing in number, some in 
inappropriate locations.
     Conflict among trail users is occurring.
     There is an extensive road system, existing on National 
Forest System lands, that is outside the jurisdiction of the Forest 
Service.
     Restrictions on OHV use on National Forest System lands 
may have an effect on local economies.
     Restrictions on OHV use in some areas may cause increased 
use in unrestricted areas, with additional impacts to resources in 
those areas.
     Funding appropriations for law enforcement, trail 
construction, and trail maintenance have not kept pace with the 
increase in OHV use on the Daniel Boone National Forest.
     Potential adverse effects to T&E species, especially 
aquatic-related species.
    Public participation will be especially important at several points 
during the analysis. The first point is during the scoping process (40 
CFR 1501.7). The Forest Service will be seeking information, comments, 
and assistance from Federal, State, and local agencies and other 
individuals or organizations who may be interested in or affected by 
the proposed action. This input will be used in preparation of the 
draft environmental impact statement (DEIS). The scoping process 
includes:
    1. Identifying potential issues.
    2. Identifying issues to be analyzed in depth.
    3. Eliminating insignificant issues or those which have been 
covered by a relevant previous environmental analysis.
    4. Exploring additional alternatives.
    5. Identifying potential environmental effects of the proposed 
action and alternatives (i.e., direct, indirect, and cumulative effects 
and connected actions).
    Comments submitted during the scoping process should be in writing. 
They should be specific to the action being proposed and should 
describe as clearly and completely as possible any issues the commenter 
has with the proposal.
    The DEIS is expected to be filed with the Environmental Protection 
Agency and to be available for public comment by May 1997. At that 
time, the Environmental Protection Agency will publish a notice of 
availability of the DEIS in the Federal Register. The comment period on 
the DEIS will be 60 days from the date the Environmental Protection 
Agency publishes the notice of availability in the Federal Register.
    The Forest Service believes, 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 
DEIS 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 DEIS stage but that are not raised until after 
the completion of the final Environmental Impact Statement (FEIS) may 
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F. 
2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritage. 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 60-day comment period so that 
substantive 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 FEIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the DEIS should be 
specific as possible. It is also helpful if the comments refer to 
specific pages or chapters of the draft statement. Comments may also 
address the adequacy of the DEIS 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.
    After the comment periods ends on the DEIS, the comments will be 
analyzed, considered, and responded to by the Forest Service in 
preparing the

[[Page 67302]]

FEIS. The FEIS is scheduled to be completed in October, 1997. The 
responsible official will consider the comments, responses, 
environmental consequences discussed in the FEIS, and applicable laws, 
regulations, and policies in making a decision regarding this amendment 
to the Forest Plan. The responsible official will document the decision 
and reasons for the decision in the Record of Decision. That decision 
will be subject to appeal in accordance with 36 CFR 217.

    Dated: December 16, 1996.
Benjamin T. Worthington,
Forest Supervisor.
[FR Doc. 96-32324 Filed 12-19-96; 8:45 am]
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