[Federal Register Volume 69, Number 20 (Friday, January 30, 2004)]
[Notices]
[Pages 4482-4485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1988]


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DEPARTMENT OF AGRICULTURE

Forest Service


Nebraska National Forest--Bessey and Pine Ridge Ranger Districts, 
Samuel R. McKelvie National Forest, and Oglala National Grassland 
Nebraska; Travel Management-Nebraska and Samuel R. McKelvie National 
Forests and Oglala National Grassland

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Nebraska National Forest--Bessey and Pine Ridge Ranger 
Districts, Samuel R. McKelvie National Forest, and Oglala National 
Grassland are proposing to manage travel, primarily, but not 
exclusively motorized travel, by implementing limitations on where and 
when various types of travel can take place on the national forests and 
national grassland in Nebraska.
    Comments received during the recent Land and Resource Management 
Plan Revision made it clear that the existing travel policy of ``open 
(to motorized travel) unless designated closed,'' is unacceptable to a 
significant segment of national forest and grassland visitors. Forest 
Service Chief, Dale Bosworth, recently identified unmanaged recreation, 
primarily Off-Highway Vehicle (OHV) use as one of four major threats to 
the national forests and grasslands.
    In addition, forest budgets for road maintenance do not allow the 
existing road system to be maintained to the identified standards, and 
in some cases, negative impacts to resources can be attributed to 
motorized vehicle use.
    The intended effect of implementing limitations on motorized travel 
on the national forests and grassland in Nebraska will be to reduce 
user conflicts, reduce road maintenance costs, and reduce resource 
degradation where it can be attributed to the use of motorized, or non-
motorized travel.

DATES: To be considered in the process of determining the scope of the 
analysis and finalizing alternatives comments must be received by March 
15, 2004. The draft environmental impact statement is expected to be 
available for review and comment June 2004 and the final environmental 
impact statement is expected in October 2004.

ADDRESSES: For additional information, or to send written comments, 
contact the Travel Management Team Leader, Nebraska National Forest, 
125 North Main Street, Chadron, NE, 69337, Attention: Jerry Schumacher. 
Comments may also be provider electronically by sending them to: 
[email protected]

FOR FURTHER INFORMATION CONTACT: For questions or information specific 
to the Nebraska National Forest--Bessey Ranger District or Samuel R. 
McKelvie National Forest, contact Patti Barney, District Ranger, USDA 
Forest Service, Bessey Ranger District, PO Box 39, Halsey, NE 69142-
0038, Ph. 308-533-2257. For questions or information specific to the 
Nebraska National Forest--Pine Ridge ranger District or Oglala National 
Grassland, contact Charlie Marsh, District Ranger, USDA Forest Service, 
Pine Ridge Range District, 1240 West 16th St., Chadron, NE 69337-7364. 
Ph. 308-432-4475.

SUPPLEMENTARY INFORMATION: The Record of Decision (ROD) for the 
Nebraska and Samuel R. McKelvie National Forests, Oglala, Buffalo Gap, 
and Fort Pierre National Grasslands Land and Resource Management Plan 
(LRMP) was signed on July 31, 2002.
    The LRMP Record of Decision directed that motorized travel on the

[[Page 4483]]

Nebraska National Forest units change from ``open unless designated 
closed,'' to ``closed unless designated open.'' The ROD allowed off-
road motorized travel ``to continue in compliance with Forest 
Supervisor special orders for travel restrictions until site-specific 
analysis with public involvement has been accomplished for the purpose 
of designating permanent transportation facilities.'' (ROD, p. 43).
    The Forest Leadership Team agreed to proceed with the analysis for 
those units located in Nebraska during fiscal year 2004, followed by 
those units located in South Dakota in FY 2005.
    Comments provided during the planning process included many 
references to values of the public lands in promoting family activities 
associated with hunting and OHV riding as well as the economic values 
to neighboring communities from participation in these activities. 
Others point to the risk to environmental and historic resources. Many 
focus upon the experiences that are available, for the most part, only 
on national forests and grasslands. Motorized access contributes to the 
use and enjoyment of NFS lands to a greater or lesser extent for nearly 
all users.

Purpose and Need for Action

    Need: The need for this Travel Management Plan is to protect the 
public's national forest and national grassland resources while 
providing quality outdoor experiences within the capability of the 
ecosystems and projects funding levels. The scope of the plan includes 
the Nebraska National Forest, the Samuel R. McKelvie National Forest 
and the Oglala National Grassland in Nebraska.
    Purpose: The purpose of this Travel Management Plan is to identify 
routes, areas, and times where motorized and non-motorized travel will 
be allowed on the Nebraska National Forest, the Samuel R. McKelvie 
National Forest and the Oglala National Grassland in Nebraska.

Proposed Action

Alternative 2--Proposed Action

NNF, Pine Ridge Ranger District and Oglala National Grassland
Motorized Travel
    Vehicles over 50'' width or licensed to travel on Nebraska's 
highways are allowed on all designated Forest System Roads (FSR) on the 
Pine Ridge Ranger District and Oglala National Grassland.
    Vehicles under 50'' width are allowed on one trail on the Pine 
Ridge (approximately 12 miles) and no Forest System Roads on the Pine 
Ridge.
    All motorized vehicles are allowed to travel off designated roads 
from january1 6 through August 14 annually on the Oglala National 
Grassland.
    All motorized vehicles are allowed on all designated FSR roads on 
the Oglala National Grassland. Note: May require a Forest Service 
Special order.
    ATV's as defined by state law are prohibited on those roads and 
highways under state or county jurisdiction. Those roads are:

FSR 926--Cemetery Road--Sioux County jurisdiction
FSR 904--Old Hwy 2 (Toadstool Road)--questions on jurisdiction (pvt., 
FS, Dawes, Sioux)
FSR 902--2.5W--Cottonwood Road--Dawes/Sioux County jurisdiction
FSR 905--Sand Creek Road--Sioux County jurisdiction
FSR 907--6.5S--Milo Road--Sioux County jurisdiction
FSR 914--Montrose Road--Sioux County jurisdiction
FSR 915--Edgemont Road--Sioux County jurisdiction
FSR 916--Indian Creek Road--Sioux County jurisdiction
FSR 918--Orella Road--Sioux County jurisdiction
FSR 919--Lone Tree/Snook Roads--Dawes County jurisdiction
FSR 934--McMeekin Road--Dawes County jurisdiction
State Hwy. 2/71, Dawes/Sioux Counties, State of Nebr. jurisdiction

    Snow machines are allowed to travel cross-country on the national 
forest and national grassland except where motorized restrictions 
apply. They are not allowed on FSR's but may travel parallel to the 
road.

NNF, Pine Ridge and Oglala National Grassland

Other Travel Restrictions
    All travel is prohibited on the trails south of the Cliffs Area 
between May 15 and July 15, annually.
    FSR 733, which accesses Spotted Tail Trailheads, is open from 
sunrise to sunset only.
    Mountain bike trail is allowed only on designated roads and trails 
outside of Soldier Creek Wilderness on the Pine Ridge.
    Bison Trail is open to non-motorized travel only.
Existing FSR's To Be Closed in Part or in Total on the Pine Ridge
718--approximately two miles
725--all--approximately 3 miles
724--approximately one mile
726--approximately 1.5 miles
803--convert to non-motorized trail
804--convert to non-motorized trail
Existing FSR's To Be Closed in Part or in Total on the Oglala National 
Grassland
931--approximately one mile
929--approximately one mile
923--approximately 1.75 miles
913--approximately 1.75 miles

            Pine Ridge District and Oglala National Grassland
                      [Total = 144,703 total acres]
Number of acres currently with non-motorized status:
  Soldier Creek Wilderness....................................      7794
  Management area 1.31 Backcountry non-motorized..............      1830
  Pine Ridge NRA (MA 1.31a)...................................      6600
  Pine Ridge Trail............................................       173
  Special interest areas--non-motorized.......................      2048
  Administrative sites........................................       126
                                                               ---------
    Total non-motorized.......................................    18,571
                                                               ---------
    Total motorized...........................................   126,132
                                                               ---------
    Percent non-motorized.....................................      12.8
 

Alternative 2--Proposed Action

NNF, Bessey Ranger District and Samuel R. McKelvie National Forest
Motorized Travel--Bessey District
    Vehicles over 50'' width or licensed for operation on state 
highways are allowed on:
FSR 201
FSR 203 (Circle Road),
FSR 2211
FSR 212 (Natick Road),
FSR 214
FSR 228
FSR 259 Gaston Road)
FSR 277 (Whitetail Road)
    Motorized vehicles 50'' in width and under are the only methods of 
travel allowed on the Dismal River Trail
    All motorized travel allowed on FSR 20a, 211, 214, and 228. May 
need a Forest Service Special order.
Areas Open to Off-Road Motorized Travel
    Hill Climb area on FSR 214 in Section 25 of Stoltenberg Allotment. 
(10 acres approx.)
    Dismal River Play Area between FSR 277 and the Dismal River by 
Whitetail Campground (10 acres approx.)
Other Travel Restrictions--Bessey Ranger District and Samuel R. 
McKelvie NF
    Horse travel allowed everywhere except Bessey Recreation Complex, 
Scott Lookout National Recreation Trail, and Porcupine North Allotment.
    Foot traffic only is allowed on the Scott Lookout National 
Recreation Trail. Wheel chairs or other mobility

[[Page 4484]]

assistance devices required for normal daily activities are allowed.
    Horse travel is allowed everywhere on the Samuel R. McKelvie NF 
except the Bluebird trail and within Steer Creek Campground.
Existing FSR's Closed in Part or in Total on the Bessey Ranger District
FSR 222--totally closed, approximately one mile
FSR 258--totally closed, approximately .75 miles
FSR 263--totally closed, approximately 5 miles
FSR 202--totally closed, approximately 2.5 miles

                         Bessey Ranger District
                         [Total acres (90,465)]
Number of acres currently in non-motorized status:
  Signal Hill Research Natural Area...........................       504
  Scott Lookout National Recreation Trail.....................        22
  Seasonal motorized restriction (Sept. 1--Nov. 30)...........    29,000
                                                               ---------
    Total.....................................................    29,526
                                                               ---------
    Percent non-motorized.....................................      32.6
 

Motorized Travel--Samuel R. McKelvie National Forest
    All motorized travel is allowed on:

FSR 601
FSR 602
FSR 603
FSR 604
FSR 605
FSR 621
FSR 626 to windmill 144 enclosure
Unclassified Road from FSR 603 by windmill 173 to FSR 602 by 
windmill 153
Unclassified Road from FSR 603 by windmill 223 to FSR 602 near 
windmill 203

    Note: May require a special order. No off-road motorized travel 
is allowed.

    Existing FSR's closed in part, or in total on the Samuel R. 
McKelvie NF--None.

                          Samuel R. McKelvie NF
                         [Total acres (116,079)]
Number of acres currently in non-motorized status:
  Steer Creek Research Natural Area..............................   2500
                                                                  ------
    Total........................................................   2500
                                                                  ------
    Percent non-motorized........................................    2.2
 

Possible Alternatives

    The Forest Plan Record of Decision directs that ``Motorized use is 
allowed to continue on existing travel routes until a site-specific 
analysis with public involvement has been accomplished for the purpose 
of designating the permanent transportation facilities.''

Preliminary Alternative 1--Existing Condition

    All areas are designated as open to travel under current 
conditions. Motorized travel is allowed wherever and whenever it is not 
currently restricted. Current restrictions on motorized travel include:

Nebraska National Forest, Pine Ridge District/Oglala National Grassland

Soldier Creek Management Unit--9600 acres
Pine Ridge National Recreation Area and adjacent ``keyhole''--6900 
acres approx.
Pine Ridge Trail
Bur Oak Enclosure SIA--3 acres
Hudson-Meng Bison Bonebed Special Interest Area (SIA)--40 acres
Toadstool Geologic Park SIA--2000 acres
Quaking Aspen Stand SIA--8 acres

    Mechanized travel, such as mountain bikes or game carts, is 
prohibited in Soldier Creek Wilderness.

Nebraska National Forest, Bessey Ranger District/Samuel R. McKelvie 
National Forest

    Motorized travel within the area enclosed by Circle road (FSR 203) 
and Natick Road (FSR 212) is allowed on those roads only from September 
1 through November 30 annually.
    ATV travel is prohibited on:

State Spur 86B
Circle Road (FSR 203)
Gaston Road (FSR 259)
Natick Road (FSR 212)
Whitetail Road (FSR 277) and
The area adjacent to Scott Fire Lookout Tower

    Motorized travel is also prohibited in the 500-acre Signal Hill 
Research Natural Area (RNA)--Bessey Ranger District and the 2500-acre 
Steer Creek RNA--SR McKelvie NF, except on FSR 601 and 602.
    Foot traffic only is allowed on the Scott Lookout National 
Recreation Trail.

Alternative 3--To Be Developed, if Needed, Upon Completion of 
Scoping

Responsible Official

    There will be two Records of Decision that result from the analysis 
conducted in this EIS. The responsible official for the travel 
management decision relating to the Nebraska National Forest, Bessey 
Ranger District and Samuel R. McKelvie National Forest is District 
Ranger, Patti Barney, PO Box 39, Halsey, NE 69142-0038, Ph. 308-533-
2257.
    The responsible official for the decision relating to the Nebraska 
National Forest, Pine Ridge Ranger District and Oglala National 
Grassland is District Ranger, Charles R. Marsh, 1240 West 16th St., 
Chadron, NE 69337-7364, Ph. 308-432-4475.

Nature of Decision To Be Made

    The decisions to be made will detail the permanent travel 
facilities for the Nebraska National Forest, Bessey and Pine Ridge 
Ranger Districts, Samuel R. McKelvie National Forest; and Oglala 
National Grassland in Nebraska.
    The decisions will designate travelways and areas where specific 
types of travel are allowed, identify the uses allowed on those 
travelways/areas, and describe any timing limitations during which 
specific types of travel are not allowed.

Scoping Process

    The scoping process will officially begin with publication of this 
Notice of Intent in the Federal Register. Prior to its publication, the 
forest revised its Land and Resource Management Plan (Record of 
Decision signed July 31, 2002) during the analysis of which there were 
comments directed toward the topic of travel management. The decision 
was made to address the topic separately from the Plan revision effort, 
but comments have been saved from that effort.
    Additionally, the quarterly Schedule of Proposed Actions for 
September and December, 2003 indicated that travel management would be 
addressed, with a decision expected by October, 2004.
    In the summer and fall of 2003, the affected national forest and 
grassland units began to distribute a contact response form to those 
forest visitors who wished to be provided with information about 
upcoming opportunities to participate in the public involvement 
process.
    Six scoping meetings are scheduled across Nebraska at the following 
places and dates:

January 7, 2004, (5 p.m.-7 p.m. and 7 p.m.-9 p.m.), Chadron State 
College Student Center, Scottsbluff Room, 10th and Shelton Streets, 
Chadron, NE
January 8, 2004, (5 p.m.-7 p.m. and 7 p.m.-9 p.m.), Gering Civic 
Center, 1050 M St., Gering, NE
January 12, 2004, (5 p.m.-7 p.m. and 7 p.m.-9 p.m.), Howard Johnson's 
Riverside Inn, 3333 Ramada Drive, Grand Island, NE
January 13, 2004, (5 p.m.-7 p.m. and 7 p.m.-9 p.m.), Best Western 
Villager Courtyard and Gardens, 5200 O Street, Lincoln, NE

[[Page 4485]]

January 14, 2004, (5 p.m.-7 p.m. and 7 p.m.-9 p.m.), Lifelong Learning 
Center, 801 East Benjamin Avenue, Norfolk, NE
January 15, 2004, (5 p.m.-7 p.m. and 7 p.m.-9 p.m.), Holiday Inn 
Express, 803 East Highway 20, Valentine, NE
January 20, 2004, (5 p.m.-7 p.m. and 7 p.m.-9 p.m.), Stubb's Restaurant 
Meeting Room, Junction Highways 2 and 83, Thedford, NE
January 21, 2004, (5 p.m.-7 p.m. and 7 p.m.-9 p.m.), Sandhills 
Convention Center/Quality Inn and Suites, 2102 South Jeffers Street, 
North Platte, NE

Preliminary Issues

     The current road and trail system cannot be maintained to 
established standards with the current and projected budget 
allocations.
     Unrestricted motorized travel negatively affects the recreation 
experience of those who are seeking prefer a non-motorized experience. 
This relates primarily to big game hunting, and to a lesser extent 
upland hunting, judging from the comments received.
     In a few locations, there is evidence that motorized travel is 
contributing to resource degradation.
     The national forests and national grassland are essentially the 
only public areas in the state where motorized travel is allowed.
     Restricting motorized travel could contribute to a decline in 
rural economies that rely in part upon motorized recreation 
participation on the national forests and grassland.

Comment Requested

     This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement. A detailed 
description of the proposed action and available maps can be accessed 
at http://www.fs.fed.us/r2/nebraska. Comments that are most helpful for 
the Forest Service in making adjustments to the proposed action are 
those that provide specific suggestions for changes and include reasons 
and/or scientific documentation to support the requested changes. 
Comments that support the proposed action also are most helpful if they 
clearly describe why the writer favors the actions proposed.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

     A draft environmental impact statement will be prepared for 
comment. The comment period on the draft environmental impact statement 
will be 45 days form 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 
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 and those interested in the proposed action 
participate by the close of the 45 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 final environmental impact statement.
     To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
environmental impact statement should be as specific as possible. It is 
also helpful if comments refer to specific pages or chapters of the 
draft statement. Comments may also address the adequacy of the draft 
environmental impact statement 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: January 20. 2004.
Charlie Marsh,
District Ranger.
[FR Doc. 04-1988 Filed 1-29-04; 8:45 am]
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