[Federal Register Volume 69, Number 135 (Thursday, July 15, 2004)]
[Proposed Rules]
[Pages 42381-42395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15775]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Parts 212, 251, 261, and 295

RIN 0596-AC11


Travel Management; Designated Routes and Areas for Motor Vehicle 
Use

AGENCY: USDA, Forest Service.

ACTION: Proposed rule; request for comment.

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SUMMARY: The Forest Service proposes to amend regulations regarding 
travel management on National Forest System lands to clarify policy 
related to motor vehicle use, including the use of off-highway 
vehicles. The proposed rule would require the establishment of a system 
of roads, trails, and areas designated for motor vehicle use. The 
proposed rule also would prohibit the use of motor vehicles off the 
designated system, as well as motor vehicle use on the system that is 
not consistent with the classes of motor vehicles and, if applicable, 
the time of year, designated for use. The establishment and clear 
identification of a transportation and use system for motor vehicles on 
each National Forest would enhance management of National Forest System 
lands; sustain natural resource values through more effective 
management of motor vehicle use; enhance opportunities for motorized 
recreation experiences on National Forest System lands; address needs 
for access to National Forest System lands; and preserve areas of 
opportunity on each National Forest for nonmotorized travel and 
experiences. The proposed rule also would conform agency rules to the 
provisions of Executive orders 11644 and 11989 regarding off-road use 
of motor vehicles on Federal lands.

DATES: Comments must be received in writing by September 13, 2004.

ADDRESSES: Send written comments to Proposed Rule for Designated Routes 
and Areas for Motor Vehicle Use, c/o Content Analysis Team, P.O. Box 
221150, Salt Lake City, UT 84122-1150; by e-mail to [email protected]; 
or by facsimile to (801) 517-1014. Comments also may be submitted by 
following the instructions at the Federal eRulemaking portal at http://www.regulations.gov.
    All comments, including names and addresses when provided, will be 
placed in the rulemaking record and will be available for public 
inspection and copying. The public may inspect comments received on 
this proposed rule in the office of the Content Analysis Team, 550 West 
Amelia Earhart Drive, Building 1, Suite 100, Salt Lake City, UT 84116, 
on business days between the hours of 8:30 a.m. and 4:30 p.m. Those 
wishing to inspect comments are encouraged to call ahead at (801) 517-
1020 to facilitate entry into the building.

FOR FURTHER INFORMATION CONTACT: Sharon Metzler, Recreation and 
Heritage Staff, (202) 205-0931, or Glenn Casamassa, Legislative Affairs 
Staff, (202) 205-1216.

SUPPLEMENTARY INFORMATION:

Background and Need for the Rule

    Providing for the long-term sustainable use of National Forest 
System lands and resources is essential to maintaining the quality of 
the recreation experience in the National Forests. Motor vehicle use is 
an appropriate way to recreate in the National Forests, access hunting 
and fishing opportunities, sightsee, and otherwise enjoy recreational 
experiences on National Forest System lands. The growing use of motor 
vehicles, however, is prompting the Forest Service to revise its 
management of this use so that the agency can continue to provide 
opportunities desired by the public, while sustaining National Forest 
System lands and resources.
    Off-road motor vehicle use for public enjoyment of the National 
Forest System has increased in recent years. Motor vehicle use off 
roads in the National Forest System may involve any motor vehicle that 
can travel off road, such as a sport utility vehicle and an off-highway 
vehicle (OHV). An OHV is a motor vehicle that is designed or 
retrofitted primarily for recreational use off road, including 
minibikes, amphibious vehicles, snowmobiles, off-highway motorcycles, 
go-carts, motorized trail bikes, and dune buggies. In the 1960s and 
1970s, the opportunities that people enjoyed to hike, camp, and 
sightsee on the National Forests expanded to include the opportunities 
to operate motor vehicles across National Forest System lands, which 
provided access to areas previously accessible only on foot or by 
horse. As off-road motor vehicle use increased, questions arose about 
the current and potential impacts arising

[[Page 42382]]

from operation of motor vehicles on soil, water, vegetation, fish and 
wildlife, National Forest visitors, and cultural and historic 
resources.
    Executive Order (E.O.) 11644 (February 8, 1972), ``Use of Off-Road 
Vehicles on the Public Lands,'' as amended by E.O. 11989 (May 24, 
1977), addresses these concerns. Section 3(a) of E.O. 11644 directs the 
Forest Service to promulgate regulations that provide for designation 
of trails and areas for off-road motor vehicle use. Pursuant to section 
3(a) of E.O. 11644, the regulations must require that designation of 
these trails and areas be based upon protection of National Forest 
System resources, promotion of public safety, and minimization of 
conflicts among uses of National Forest System lands. Specifically, 
section 3(a) of E.O. 11644 directs the agency to develop and issue 
regulations ``to provide for administrative designation of the specific 
areas and trails on public lands on which the use of off-road vehicles 
may be permitted, and areas in which the use of off-road vehicles may 
not be permitted. * * *'' Section 9(b) was added to E.O. 11644 when it 
was amended by E.O. 11989. Section 9(b) specifically authorizes the 
Forest Service to adopt the policy to designate those areas or trails 
that are suitable for motor vehicle use and to close all other areas 
and trails to that use.
    Forest Service rules at Title 36, Code of Federal Regulations, part 
295 (36 CFR part 295) codify the requirements in E.O. 11644 and E.O. 
11989 by providing for administrative designation of areas and trails 
on National Forest System lands where motor vehicle use is allowed, 
restricted, or prohibited. National Forest managers develop travel 
plans that are consistent with the regulations and the intent of E.O. 
11644 and E.O. 11989, while meeting public demand for recreation and 
resource protection needs. In crafting their travel plans, many 
National Forest managers keep the Forests open to motor vehicle use 
unless there is a pressing reason to close them. These managers attempt 
to maximize the opportunities for recreational choice, while minimizing 
resource damage in the most sensitive areas of National Forest System 
lands. National Forests where this approach has been adopted are 
referred to as ``open unless posted closed.'' This approach has worked 
when the amount of off-road motor vehicle use is minimal and occasional 
cross-country vehicle tracks are of less concern than other impacts to 
National Forest System lands and resources.
    However, between 1982 and 2000, the number of people who drive 
motor vehicles off road increased over 109 percent in the United States 
(``Outdoor Recreation for 21st Century America: A Report to the Nation, 
The National Survey on Recreation and the Environment,'' p. 37 (H. 
Cordell, 2004)). In many National Forests, the magnitude and intensity 
of motor vehicle capability and use increased to the point where the 
intent of E.O. 11644 and E.O. 11989 could not be met while still 
allowing the full array of opportunities for motor vehicle use. In 
these National Forests, the scenario of an occasional cross-country 
vehicle track has evolved into situations where areas rutted by motor 
vehicle use have become more common. Soil depth, water quality, and 
wildlife habitat are being impacted, and motor vehicle use is beginning 
to affect the condition of these National Forests.
    Studies conducted by the Forest Service have raised these same 
issues. For example, the ``Draft Environmental Impact Statement for 
Cross-Country Travel for OHVs, Kaibab, Coconino, Prescott, Tonto, and 
Apache-Sitgreaves National Forests'' (66 FR 17136, March 29, 2001) 
identified environmental impacts associated with cross-country wheeled 
motor vehicle use, including the spread of noxious weeds along roads 
and trails; erosion at rates that permanently affect the productivity 
of National Forest System lands; damage to cultural or historical 
sites; conflicts among uses of National Forest System lands; and 
disturbance of wildlife and wildlife habitat.
    In addition, the Forest Service and the Grand Canyon Trust each 
inventoried roads and trails in one area of the Coconino National 
Forest. The inventories revealed that National Forest users had created 
a large number of roads and trails over a 10-year period. The two 
inventories also showed a significant population of noxious weeds 
associated with all roads.
    Members of the public, the Arizona Game and Fish Department, and 
the Arizona Parks and Recreation Department have also shared their 
concerns with managers from these five National Forests about sound and 
site degradation associated with certain OHV use on National Forest 
System lands. Public surveys of Arizona residents conducted by Arizona 
State Parks for the preparation of long-range comprehensive plans for 
the Arizona State Trails Program and the Arizona State Off-Highway 
Vehicle Recreation Program showed that 82 percent of motorized trail 
users and 81 percent of non-motorized trail users in Arizona expressed 
concerns about conflicts with other uses (``The Arizona Trails 2000: 
State Motorized and Nonmotorized Trails Plan,'' Nov. 1999).
    In January 2001, the Forest Service and the Bureau of Land 
Management completed an environmental impact statement regarding motor 
vehicle use on Federal lands the agencies administer in Montana, North 
Dakota, and portions of South Dakota. The Forest Service selected 
alternative five in this environmental impact statement, which 
prohibits cross-country wheeled motor vehicle use throughout the 
analysis area. In a summary of the environmental effects of the 
selected alternative from the Forest Service's record of decision, the 
agency identified benefits associated with restricting cross-country 
wheeled motor vehicle use. These benefits included substantial 
reduction of use conflicts associated with cross-country travel; 
improvement of motorized and non-motorized recreation experiences; 
substantial reduction in impairment of visual aesthetics; and enhanced 
protection of habitat and aquatic, soil, and air resources in the 
analysis area (``Off-Highway Vehicle Environmental Impact Statement and 
Proposed Plan Amendment for Montana, North Dakota and Portions of South 
Dakota''; the notice of the draft environmental impact statement was 
published in 64 FR 57120, October 22, 1999, and the final environmental 
impact statement was issued January 4, 2001).
    Cross-country wheeled motor vehicle use was also reviewed in an 
environmental analysis conducted by the National Forests in Florida on 
the Osceola National Forest in 2004 to identify which roads and trails 
would be designated for use by motor vehicles and bicycles in certain 
restricted areas. Benefits of designated roads and trails included less 
interruption of natural processes, such as fire; improvement of the 
ecological and hydrological functions in and around riparian areas, 
wetlands, and streams; and increased public safety (``Environmental 
Assessment for Access Designation in Restricted Areas, Osceola National 
Forest, Baker and Columbia Counties, Florida,'' 2004).
    Some travel plans, such as the travel plans for the Hoosier, White 
Mountain, and Monongahela National Forests, were changed to enhance 
management of motor vehicle use within the boundaries of these National 
Forests. Some National Forests have a system of motor vehicle use on 
established or designated routes and areas, while others do not. As a 
result, the Forest Service does not have a clear, consistent, internal 
policy regarding

[[Page 42383]]

motor vehicle use on National Forest System lands.
    Since E.O. 11644 and E.O. 11989 were issued, impressive advances in 
motor vehicle technology have been made. The capability of motor 
vehicles to travel off flat, firm roads has significantly increased. 
Whole new classes of vehicles that can travel off road, such as all-
terrain vehicles (ATVs) and sport utility vehicles (SUVs), are widely 
used and growing in popularity. For example, from 1997 to 2001, the 
number of ATVs in use increased by almost 40 percent, the number of ATV 
drivers grew by almost 36 percent, and the number of ATV driving hours 
increased by 50 percent (statement made by Dr. Edward J. Heiden of 
Heiden Associates, at a Consumer Product Safety Commission Public Field 
Hearing, June 5, 2003).
    The line between street vehicle and OHV has blurred. Vehicles 
created for specialized uses off road, such as military vehicles, are 
now marketed and purchased as family cars. An increasing number of 
States have statutes governing OHV use, including vehicle registration 
requirements, limits on operator age, training and licensing 
requirements, equipment requirements, sound restrictions, and safety 
requirements.
    While motor vehicle recreation is increasing on National Forests, 
so are many other recreational activities. From 1982 to 2000, the 
number of people in the United States participating in fishing 
increased 24 percent, and the number of people participating in hunting 
increased 21 percent (``Outdoor Recreation for 21st Century America: A 
Report to the Nation, The National Survey on Recreation and the 
Environment,'' p. 41 (H. Cordell, 2004)). Many recreationists have 
found that motor vehicle use enhances their enjoyment of these other 
activities. For example, motor vehicles help hunters and anglers access 
remote areas and lakes in National Forests, and enable the public after 
a short ride to enjoy rare vistas that formerly could be reached only 
after a long hike or horseback ride. In many National Forests, most 
off-road motor vehicle use is conducted in support of other 
recreational activities, rather than as the central part of a 
recreational experience. A recent survey conducted in Idaho showed that 
more than half (53.1 percent) of resident hunters surveyed owned an ATV 
or off-highway motorcycle (OHM), and that 47.5 percent of hunters 
surveyed used an ATV or OHM for hunting; the percentage of hunters 
never using an ATV decreased from 83 percent in 1988 to 35 percent in 
2000 (``Understanding ATV/OHM and Hunting Interactions in Idaho: A 
Survey of ATV/OHM Registrants and Licensed Hunters'' (2002), as 
discussed in ``Idaho 2003-2007 Statewide Comprehensive Outdoor 
Recreation and Tourism Plan, Idaho Department of Recreation,'' p. 156 
(2003)). OHV use is a growing and important recreational activity on 
National Forest System lands.
    Recreational use not associated with motor vehicle travel has 
increased as well in the United States. The number of people viewing or 
photographing birds has increased over 231 percent, the number of 
people day hiking has increased 193 percent, and the number of people 
backpacking has increased 182 percent since the early 1980s (``Outdoor 
Recreation for 21st Century America: A Report to the Nation, The 
National Survey on Recreation and the Environment,'' p. 37 (H. Cordell, 
2004)). The challenge for recreation management is to address the needs 
and conflicting expectations of millions of people who use and enjoy 
the National Forests, while providing for the long-term sustainability 
of National Forest System lands. Increased pressure from growing 
numbers of people, coupled with advances in recreation technology, will 
continue to challenge Federal land management agencies, State and local 
governments, and private landowners. As demand for a greater variety of 
recreation uses increases, managing an appropriate balance between 
motor vehicle use and nonmotorized recreational activities has become 
an important priority.
    Americans cherish the National Forests and National Grasslands for 
the values they provide: opportunities for healthy recreation and 
exercise, natural scenic beauty, important natural resources, 
protection of rare species, wilderness, a connection with their 
history, and opportunities for unparalleled outdoor adventure. 
Recreation visitors have high expectations for National Forest System 
lands in terms of access, settings, experiences, facilities, and 
services, and they are likely to expect even more in the future. 
Recreation is one of the fastest growing uses on the National Forests 
and National Grasslands. Accordingly, the agency needs to strike an 
appropriate balance in managing all types of recreational activities. 
As part of this effort, the Forest Service is proposing revisions to 36 
CFR parts 212, 251, 261, and 295 to provide for a system of National 
Forest System roads, National Forest System trails, and areas on 
National Forest System lands designated for motor vehicle use. A 
designated system established with public involvement would enhance 
public enjoyment of the National Forests, while maintaining other 
important values and uses on National Forest System lands.
    The designated system would be broader in scope than E.O. 11644 and 
E.O. 11989 and 36 CFR part 295 because the system would apply to motor 
vehicle use on National Forest System roads, as well as off National 
Forest System roads. The designated system also would apply to all 
classes of motor vehicles, including OHVs, unless exempted. This 
approach would allow the agency to address different types of uses on 
National Forest System roads. In addition, this approach would allow 
the agency to include in the designations for National Forest System 
trails and areas on National Forest System lands any classes of motor 
vehicles that can travel off road.

Section-by-Section Analysis of Proposed Rule Changes

Revisions to Part 212--Travel Management

    The provisions governing designation of roads, trails, and areas 
would be included in part 212 as a component of travel management. The 
current heading of part 212, ``Administration of the Forest 
Transportation System,'' would be changed to ``Travel Management.'' 
Part 212 would be divided: subpart A would contain the provisions 
currently in part 212 governing administration of the forest 
transportation system; subpart B would contain new provisions governing 
designation of National Forest System roads, National Forest System 
trails, and areas on National Forest System lands for motor vehicle use 
and also incorporating provisions previously found at part 295; and 
subpart C would contain the provisions governing snowmobile use on 
National Forest System roads and National Forest System trails and in 
areas on National Forest System lands. The proposed rule would remove 
the current part 295, as its provisions, with the exception of Sec.  
295.6, requiring annual review of motor vehicle management plans and 
temporary designations, would be integrated into part 212, subpart B, 
of the proposed rule.
    This approach would allow the agency to create a more comprehensive 
system of travel management without compromising the provisions of the 
regulations governing the forest transportation system, which address 
facilities, but not areas, and which are more concerned with 
construction, maintenance, and management of the forest transportation 
system than management of uses on National Forest

[[Page 42384]]

System roads, National Forest System trails, and areas on National 
Forest System lands. The agency is also proposing minor, nonsubstantive 
revisions to part 212.
Part 212, New Subpart A--Administration of the Forest Transportation 
System
    Table of contents for part 212. The table of contents for part 212 
would be revised to set out the sections in the new subparts A, B, and 
C. A technical revision also would be made to change the heading of 
Sec.  212.2 from ``Forest development transportation program'' to 
``Forest transportation program.''
    Section 212.1 Definitions. This section contains definitions 
applicable to subparts A, B, and C. Some of the provisions from Sec.  
212.2(a) would be incorporated into a new definition for forest 
transportation atlas. ``Forest transportation atlas'' would be defined 
as a display of the system of roads, trails, and airfields of an 
administrative unit of the National Forest System that consists of the 
geospatial, tabular, and other data that support resource management 
activities and analysis associated with resource management goals in 
the applicable land management plan.
    To accommodate the new system of designated routes and areas, the 
proposed rule would add definitions for the following terms: 
administrative unit; area; designated road, trail, or area; forest road 
or trail; forest transportation system; motor vehicle; National Forest 
System road; National Forest System trail; road or trail under Forest 
Service jurisdiction, snowmobile; temporary road or trail; trail; 
travel management atlas; unauthorized or unclassified road or trail; 
and use map.
    Definitions for trail and categories of trails are needed to 
integrate designation of roads, trails, and areas for motor vehicle use 
into travel management in part 212. The definition for a trail in the 
proposed rule would complement the definition for a road in the current 
part 212. Since a road is defined as a motor vehicle route over 50 
inches wide, unless identified and managed as a trail, a trail would be 
defined as a route 50 inches or less in width, or a route over 50 
inches wide that is identified and managed as a trail.
    The same categories of roads are also used for trails, and they are 
combined in the same definition, i.e., forest road or trail, temporary 
road or trail, and unauthorized or unclassified road or trail. A forest 
road or trail would be defined as a road or trail that is wholly or 
partly within or adjacent to and serving the National Forest System 
that the Forest Service determines is necessary for the protection, 
administration, and utilization of the National Forest System and the 
use and development of its resources, and that is reflected in a forest 
transportation atlas. A temporary road or trail would be defined as a 
road or trail necessary for emergency operations or authorized by 
contract, permit, lease, or other written authorization that is not a 
forest road or trail and that is not included in a forest 
transportation atlas. An unauthorized or unclassified road or trail 
would be defined as a road or trail that is not a forest road or trail 
or a temporary road or trail and that is not included in a forest 
transportation atlas.
    The definitions for classified road, temporary road, and 
unclassified road in the current part 212 would be replaced with 
definitions for forest road, temporary road, and unauthorized or 
unclassified road in the proposed rule. The definition for forest road 
in the proposed rule parallels the definition for classified road in 
the current rule and comes from 23 U.S.C. 101. The definition for 
temporary road in the proposed rule parallels the definition for 
temporary road in the current rule. The term ``unauthorized or 
unclassified road'' more clearly captures the relationship among the 
three categories of roads than the term ``unclassified road.'' 
Likewise, the definition for unauthorized or unclassified road (any 
road other than a forest road or a temporary road) more clearly shows 
how the three categories of roads relate to each other than the 
definition for unclassified road.
    Designated roads and trails are National Forest System roads and 
trails. National Forest System roads and trails that are not designated 
for motor vehicle use under this proposed rule could still be 
designated for other purposes, such as hiking, mountain biking, or 
equestrian use. Designated uses would be reflected on a use map.
    Unplanned or user-created roads and trails on National Forest 
System lands that have resulted from cross-country motor vehicle use 
would be identified through public involvement and would be considered 
in the designation process under the proposed rule. These routes would 
not necessarily be inventoried and included in a forest transportation 
atlas. If unplanned or user-created routes are not inventoried and 
included in a forest transportation atlas, they would meet the 
definition for unauthorized or unclassified road or trail (a road or 
trail other than a forest road or trail or a temporary road or trail) 
under the proposed rule. Alternatively, these routes could be 
designated for motor vehicle use pursuant to Sec.  212.51 of the 
proposed rule or for other purposes. If so, these routes would become 
National Forest System roads or National Forest System trails and would 
be included in a forest transportation atlas and reflected on a use 
map.
    ``Administrative unit'' would be defined as a National Forest, a 
National Grassland, Land Between the Lakes, Lake Tahoe Basin Management 
Unit, or Midewin National Tallgrass Prairie.
    ``Area'' would be defined as a discrete, specifically delineated 
space that is smaller than a ranger district. All references to area in 
the proposed regulations would be modified by adding ``on National 
Forest System lands.'' Thus, only areas on National Forest System lands 
would be designated under the proposed rule.
    Areas designated for motor vehicle use are not intended to be large 
or numerous. The characteristics of an area, such as its size and 
topography, are not enumerated in the definition in the proposed rule 
to give the agency the flexibility to designate areas for motor vehicle 
use as appropriate, given the variety of natural features, resources, 
and uses on National Forest System lands. Generally, an area designated 
for motor vehicle use would have natural resource characteristics (like 
sand dunes) that are suitable for motor vehicle use, or would be so 
significantly altered by past actions (like old quarry sites) that 
motor vehicle use might be appropriate. Once an area is designated, it 
would be specifically delineated on a use map. In addition, the 
characteristics of an area are not specified in the definition to give 
the agency flexibility with respect to allowing, restricting, or 
prohibiting snowmobile use.
    ``Designated road, trail, or area'' would be defined as a National 
Forest System road, National Forest System trail, or an area on 
National Forest System lands that is designated for motor vehicle use 
pursuant to Sec.  212.51 in a use map contained in a travel management 
atlas. Only National Forest System roads, National Forest System 
trails, and areas on National Forest System lands would be designated 
for motor vehicle use under the proposed rule.
    ``Forest transportation system'' would be defined as the system of 
National Forest System roads, National Forest System trails, and 
airfields on National Forest System lands that are included in a forest 
transportation atlas.
    ``National Forest System road,'' ``National Forest System trail,'' 
and ``Area'' are defined in the proposed rule. Pursuant to 23 U.S.C. 
101, National Forest System road and National Forest

[[Page 42385]]

System trail would be defined as a forest road or trail under the 
jurisdiction of the Forest Service. Thus, any road or trail that is not 
a forest road or trail under the jurisdiction of the Forest Service 
would not be designated for motor vehicle use under the proposed rule.
    ``Road or trail under Forest Service jurisdiction'' is defined in 
the proposed rule. The definition for road or trail under Forest 
Service jurisdiction is consistent with the terminology in 23 U.S.C. 
101. For purposes only of the definition of National Forest System road 
and National Forest System trail, a road or trail under the 
jurisdiction of the Forest Service would be defined in terms of control 
over the road or trail. Thus, a road or trail that is authorized by a 
legally documented right-of-way held by a State, County, or local 
public road authority would not be designated for motor vehicle use 
under the proposed rule because that road or trail is not under the 
jurisdiction of the Forest Service. State law would govern motor 
vehicle use on that type of right-of-way. Likewise, a road or trail 
which an authorized officer has ascertained, for administrative 
purposes and based on available evidence, is within a public right-of-
way for a highway, such as a right-of-way for a highway pursuant to 
R.S. 2477, would not be designated for motor vehicle use under the 
proposed rule.
    The definition for motor vehicle in the proposed rule builds on the 
definition for that term currently in 36 CFR 261.2 by excluding any 
wheelchair or mobility device, including one that is battery-powered, 
that is designed solely for use by a mobility-impaired person for 
locomotion, and that is suitable for use in an indoor pedestrian area. 
This exclusion of any wheelchair or mobility device would prevent 
violations of civil rights laws that could occur if restrictions on 
motor vehicle use were to be applied to motorized wheelchairs or other 
mobility devices. The definition for wheelchair or mobility device 
comes from Title V, section 507c, of the Americans With Disabilities 
Act (42 U.S.C. 12207(c)(2)).
    The proposed rule would add a definition for snowmobile because, as 
explained in the description of proposed Sec.  212.51 and 212.81, 
snowmobiles would be exempted from the mandatory designations in 36 CFR 
212.51 and would be addressed separately in 36 CFR 212.81. The proposed 
rule defines a snowmobile as a motor vehicle that is designed 
exclusively for use over snow and that runs on a track or tracks and/or 
a ski or skis. This definition would not include motor vehicles such as 
SUVs, ATVs, or other wheeled vehicles that can be outfitted with tracks 
that turn them into vehicles that can travel over snow because these 
vehicles are not designed exclusively for use over snow.
    The proposed rule would add a definition for a use map. A use map 
would reflect designated roads, trails, and areas on an administrative 
unit or a ranger district of the National Forest System and would be 
part of a travel management atlas. A travel management atlas would be 
defined as an atlas that includes a forest transportation atlas and a 
use map.
    Section 212.2 Forest transportation program. The proposed rule 
would revise Sec.  212.2 by reorganizing the current paragraph (a) into 
two paragraphs: (a) setting requirements regarding the travel 
management atlas, which would be developed and maintained for each 
administrative unit of the National Forest System and made available to 
the public at the headquarters of that administrative unit; and (b) 
describing a forest transportation atlas. The current paragraph (b) 
setting out requirements for the program of work for the forest 
transportation system would be redesignated as paragraph (c).
    Section 212.5 Road system management. The proposed rule would 
revise Sec.  212.5(a)(1) concerning the applicability of State traffic 
laws to traffic on roads by adding ``designations established under 
subpart B of this part or'' before ``the rules at 36 CFR part 261'' to 
make clear that designations of roads for motor vehicle use established 
under State law would not be incorporated pursuant to Sec.  212.5(a)(1) 
to the extent they conflict with designations established under Sec.  
212.51. These revisions would prevent incorporation of State laws that 
designate roads, trails, or areas for motor vehicle use that conflict 
with designations established under Sec.  212.51 of the proposed rule.
    The proposed rule also would make technical changes to Sec.  212.5. 
In the second sentence of Sec.  212.5(a)(2)(ii), ``tailers'' would be 
changed to ``trailers.'' The heading for Sec.  212.5(c) would be 
changed from ``Cost recovery on forest service roads'' to ``Cost 
recovery on National Forest System roads.'' The heading for Sec.  
212.5(d) would be changed from ``Maintenance and reconstruction of 
forest service roads by users'' to ``Maintenance and reconstruction of 
National Forest System roads by users.''
    Section 212.7 Access procurement by the United States. The proposed 
rule would make a technical change to Sec.  212.7(a) by changing the 
heading for that provision from ``Existing or proposed forest 
development roads which are or will be part of a system of a State, 
county, or other local subdivision'' to ``Existing or proposed National 
Forest System roads which are or will be part of a system of a State, 
county, or other local subdivision.''
    Section 212.10 Maximum economy National Forest System roads. The 
proposed rule would make a technical change to paragraph (d) of Sec.  
212.10. The proposed rule would add the phrase, ``consistent with 
applicable environmental laws and regulations,'' to refer to the 
standard for a road that is sufficient for harvesting and removal of 
National Forest timber and other products, in order to make Sec.  
212.10(d) consistent with its authorizing statute, 16 U.S.C. 535a(e).
    Section 212.20 National Forest trail system operation. The proposed 
rule would remove and reserve the current Sec.  212.20 concerning the 
National Forest trail system. Management of National Forest System 
trails would be addressed in the new subpart B of part 212.
Part 212, New Subpart B--Designation of Roads, Trails, and Areas for 
Motor Vehicle Use
    Section 212.50 Purpose and scope. The new subpart B of part 212 
would provide for a system of National Forest System roads, National 
Forest System trails, and areas on National Forest System lands that 
are designated for motor vehicle use. Once these roads, trails, and 
areas are designated, motor vehicle use, including the class of vehicle 
and time of year, that is not in accordance with these designations 
would be prohibited pursuant to 36 CFR 261.13 of the proposed rule. 
Thus, motor vehicle use off designated roads and trails and outside of 
designated areas, or cross-country travel, would be prohibited pursuant 
to 36 CFR 261.13 of the proposed rule.
    Section 212.51 Designation of roads, trails, and areas. To address 
the problems associated with motor vehicle use on routes and off routes 
in a more comprehensive, systemic manner, this provision would require 
that motor vehicle use on National Forest System roads, National Forest 
System trails, and areas on National Forest System lands be designated 
by vehicle class and, if appropriate, by time of year by the 
responsible official on administrative units or ranger districts of the 
National Forest System, provided that the following vehicles and uses 
would be exempted from these designations:
    (a) Aircraft;
    (b) Watercraft;
    (c) Snowmobiles;
    (d) Limited administrative use by the Forest Service;

[[Page 42386]]

    (e) Use of any fire, military, emergency, or law enforcement 
vehicle for emergency purposes;
    (f) Authorized use of any combat or combat support vehicle for 
national defense purposes;
    (g) Law enforcement response to violations of law, including 
pursuit; and
    (h) Use and occupancy of National Forest System lands and resources 
pursuant to a written authorization issued under Federal law or 
regulations.
    All but one of these exemptions, the exemption for snowmobiles, are 
found in E.O. 11644, E.O. 11989, and 36 CFR part 295. Snowmobiles would 
be exempted from the mandatory designation scheme because a snowmobile 
traveling over snow results in different and less severe impacts to 
natural resource values than wheeled motor vehicles traveling over the 
ground. Consequently, in contrast to wheeled motor vehicles, it may be 
appropriate for snowmobiles to travel off route.
    Nevertheless, since there are impacts associated with snowmobile 
use, and since snowmobiles are included in the definition of off-road 
vehicle in E.O. 11644 and E.O. 11989, the agency is preserving the 
authority currently in part 295 to allow, restrict, or prohibit 
snowmobile use on a discretionary basis in Sec.  212.80 of the proposed 
rule, as discussed in the description of that section.
    The proposed rule would give responsible officials the flexibility 
to designate roads, trails, and areas for motor vehicle use in one step 
or several stages. Specifically, responsible officials could designate 
motor vehicle use only in certain areas and on existing routes in an 
administrative unit or ranger district, that is, on National Forest 
System roads and trails reflected in the applicable forest 
transportation atlas and on user-created routes identified by the 
public and the Forest Service in the designation process. This approach 
would expedite implementation of a prohibition on cross-country motor 
vehicle use, other than in designated areas. Revision to the initial 
designations could effectuate a longer-term vision for motor vehicle 
management. Alternatively, the proposed rule would give responsible 
officials the flexibility to implement a longer-term vision for motor 
vehicle management in one step, by evaluating whether user-created 
routes should become National Forest System roads or National Forest 
System trails, be included in a forest transportation atlas, and 
reflected on a use map.
    Existing decisions that allow, restrict, or prohibit motor vehicle 
use on National Forest System roads, National Forest System trails, or 
areas on National Forest System lands could be revised and incorporated 
into the new designated system established under the proposed rule, or 
could be subsumed in designations made pursuant to the proposed rule. 
If an administrative unit or ranger district has completed designations 
of roads, trails, and areas, the responsible official would evaluate 
the designations and determine if the designations could be included in 
the new designated system for motor vehicle use established under the 
proposed rule.
    Suitability determinations and guidelines in land management plans 
would be separate from but relevant to designations made pursuant to 
this proposed rule. Land management plans determine suitability of uses 
and establish resource protection guidelines, such as those governing 
wildlife migration corridors, soil erosion, noise, and air pollution. 
The plans themselves would not designate roads, trails, or areas 
pursuant to this proposed rule and consequently would not be 
enforceable under 36 CFR 261.13. Rather, such designations would occur 
only after a decision separate from the plan decision is made pursuant 
to this proposed rule. If a designation decision would not be 
consistent with a plan, the plan would have to be amended to make it 
conform to the designation decision. Designation decisions would 
culminate from a site-specific proposal and public involvement. Once 
designations were made pursuant to this proposed rule, they would be 
enforceable pursuant to 36 CFR 261.13.
    Section 212.52 Public involvement in the designation process. 
Section 212.52(a) of the proposed rule would address public involvement 
in the designation process and (like section 3(b) of E.O. 11644 and 
Sec.  295.3) would require that the public be allowed to participate in 
the process of designating roads, trails, and areas or revising 
designations pursuant to this subpart. Proposed Sec.  212.52(a) also 
would require that advance notice be given to allow for public comment 
on proposed or revised designations.
    Public involvement in the designation process would include public 
participation in identification of unplanned or user-created roads and 
trails on National Forest System lands that have resulted from cross-
country motor vehicle use. As stated previously, these routes would not 
necessarily be inventoried and included in a forest transportation 
atlas. If unplanned or user-created routes are not inventoried and 
included in a forest transportation atlas, they would meet the 
definition for unauthorized or unclassified roads or trails (any roads 
or trails other than forest roads and trails or temporary roads and 
trails) under the proposed rule. Alternatively, these routes could be 
designated for motor vehicle use pursuant to Sec.  212.51 of the 
proposed rule or for other purposes. If so, these routes would become 
National Forest System roads or National Forest System trails, would be 
included in a forest transportation atlas, and would be reflected on a 
use map.
    Section 212.52(b) of the proposed rule would address the absence of 
public involvement in temporary, emergency closures. Section 
212.52(b)(1) would address the absence of public involvement in 
temporary, emergency closures in general. Specifically, Sec.  
212.52(b)(1) would state that nothing in Sec.  212.52 would alter or 
limit the authority to implement temporary, emergency closures pursuant 
to 36 CFR part 261, subpart B, without advance public notice in order 
to provide short-term resource protection or to protect public health 
and safety.
    Section 9 of E.O. 11644, as amended by E.O. 11989, and the current 
Sec.  295.5 (which would be removed by this proposed rule) provide for 
temporary, emergency closures based on a determination of considerable 
adverse effects. Section 212.52(b)(2) of the proposed rule would 
address temporary, emergency closures based on a determination of 
considerable adverse effects. This section would provide that if, based 
on monitoring pursuant to Sec.  212.57, the Forest Supervisor or other 
responsible official determines that motor vehicle use on a National 
Forest System road or National Forest System trail or in an area on 
National Forest System lands is causing or will cause considerable 
adverse effects on public safety or soil, vegetation, wildlife, 
wildlife habitat, or cultural or historic resources associated with 
that road, trail, or area, the Forest Supervisor or other responsible 
official would immediately close that road, trail, or area to motor 
vehicle use until the official determines that such adverse effects 
have been mitigated or eliminated and that measures have been 
implemented to prevent future recurrence.
    E.O. 11644, E.O. 11989, and current Sec.  295.5 provide that 
temporary, emergency closures based on a determination of considerable 
adverse effects will remain in effect until the responsible official 
determines that the adverse effects have been eliminated, rather than 
mitigated or eliminated. The Forest Service believes that use in

[[Page 42387]]

Sec.  212.52 of the phrase ``mitigated or eliminated'' in this context 
is reasonable and consistent with use of the word ``eliminated'' 
because mitigation of adverse effects has the net effect of elimination 
of adverse effects and because elimination of adverse effects is not 
always possible or may be difficult to establish.
    Temporary, emergency closures based on a determination of 
considerable adverse effects are intended to be short-term. Removing 
roads, trails, or areas subject to a temporary, emergency closure from 
the system of designated roads, trails, and areas would require public 
involvement pursuant to Sec.  212.52(a).
    Section 212.53 Coordination with Federal, State, County, and other 
local governmental entities and Tribal governments. The current Sec.  
295.2 (which would be removed by this proposed rule) provides for 
coordination with appropriate Federal, State, and local agencies in 
connection with designation of trails and areas for motor vehicle use. 
Section 212.53 of the proposed rule would incorporate this provision, 
by providing that the Forest Supervisor or other responsible official 
shall coordinate with appropriate Federal, State, County, and other 
local governmental entities and Tribal governments when designating 
roads, trails, and areas pursuant to the proposed rule. Section 212.53 
would include in the designation process coordination with other 
governmental agencies, such as the Bureau of Land Management or State 
natural resource agencies, that administer lands in the vicinity of 
roads, trails, and areas contemplated for designation.
    Section 215.54 Revision of designations. Section 212.54 of the 
proposed rule would provide that designations made pursuant to Sec.  
212.51 could be revised as needed to meet changing conditions. Section 
212.54 would allow for updated designations to reflect changes in 
environmental conditions, recreation demand, and other factors. 
Revision of designations would reflect the outcome of monitoring 
effects of motor vehicle use and would promote protection of the 
environment. Revisions of designations would be made in accordance with 
the requirements set out in the proposed rule for public input (Sec.  
212.52) and designation criteria (Sec.  212.55) and would be identified 
in a use map pursuant to Sec.  212.56.
    Section 212.55 Criteria for designation of roads, trails, and 
areas. This section of the proposed rule would enumerate the criteria 
to be used in designating roads, trails, and areas for motor vehicle 
use.
    Section 212.55(a) General criteria for designation of roads, 
trails, and areas. Section 212.55(a) would include the general criteria 
for designating roads, trails, and areas. Half of these criteria come 
from section 3(a) of E.O. 11644 and the current Sec.  212.2(b) (which 
would be removed by the proposed rule). These criteria include 
protection of National Forest resources, promotion of public safety, 
and minimization of conflicts among uses of National Forest System 
lands. Although these criteria come from E.O. 11644 and part 295, which 
apply only to off-road motor vehicle use, these criteria are general 
enough to be appropriate for designating roads for motor vehicle use 
under the proposed rule.
    Section 212.55(a) of the proposed rule would add the following to 
these general criteria: Provision of recreational opportunities; access 
needs; the need for maintenance and administration of roads, trails, 
and areas that would arise if the uses under consideration are 
designated; and the availability of resources for that maintenance and 
administration. A key goal of the designated system for motor vehicle 
use would be to provide recreational opportunities. In designating 
roads, trails and areas for motor vehicle use, the agency needs to 
address access to National Forest System lands for a variety of 
purposes, including recreational and non-recreational use. Maintenance 
and administration needs arise from designation of roads, trails, and 
areas for motor vehicle use. These needs, and the availability of 
resources to address those needs, would be taken into account in 
designating roads, trails, and areas under the proposed rule.
    Section 212.55(b) Specific criteria for designation of trails and 
areas. Section 212.55(b) would include the specific criteria for 
designating trails and areas in section 3(a) of E.O. 11644 and the 
current Sec.  295.2(b) (which would be removed by the proposed rule). 
These criteria are keyed to off-road motor vehicle use and therefore 
would not apply to designation of roads under the proposed rule. 
Section 212.55(b) would add consistency with the agency's trail 
management objectives to the preexisting criteria. The criteria for 
designating trails and areas would include consideration of effects on 
the following, with the objective of minimizing:
    (1) Damage to soil, watershed, vegetation, and other forest 
resources;
    (2) Harassment of wildlife and significant disruption of wildlife 
habitats;
    (3) Conflicts between motor vehicle use and existing or proposed 
recreational uses of National Forest System lands or neighboring 
Federal lands; and
    (4) Conflicts among different classes of motor vehicle uses of 
National Forest System lands or neighboring Federal lands.
    In addition, the responsible official would consider:
    (5) Compatibility of motor vehicle use with existing conditions in 
populated areas, taking into account sound, emissions, and other 
factors; and
    (6) Consistency with trail management objectives.
    E.O. 11644 states that its implementing regulations shall direct 
that designation of trails and areas for motor vehicle use be based 
upon certain general criteria, which are set out in Sec.  212.55(a) of 
the proposed rule. For example, section 3(a) of E.O. 11644 states that 
implementing regulations ``shall direct that the designation of such 
areas and trails will be based upon the protection of the resources of 
the public lands * * *.'' E.O. 11644 also provides that its 
implementing regulations shall require that designation of trails and 
areas for motor vehicle use be in accordance with achieving the 
objectives in specific criteria, which are set out in Sec.  212.55(b) 
of the proposed rule. Section 3(a) also states that implementing 
regulations ``shall further require that the designation of such areas 
and trails shall be in accordance with the following--(1) Areas and 
trails shall be located to minimize damage to soil, watershed, 
vegetation, or other resources of the public lands * * *.''
    The agency believes that these provisions of E.O. 11644 establish 
the criteria that must be considered in designating trails and areas 
for motor vehicle use. The agency believes that these criteria are 
objectives that the agency must evaluate in designating trails and 
areas, rather than required outcomes. Section 3(a) of E.O. 11644 does 
not establish the primacy or subservience of any particular use 
relative to other uses of trails and areas. Accordingly, Sec.  
212.55(a) and (b) of the proposed rule would require the responsible 
official to consider the criteria enumerated in those sections in 
designating roads, trails, and areas or trails and areas, respectively.
    In requiring consideration of the enumerated criteria in 
designating roads, trails, and areas, the proposed rule would give the 
responsible official

[[Page 42388]]

discretion to weigh the pertinent criteria in each specific 
circumstance and to select from a variety of options, depending on that 
circumstance. For example, based upon consideration of the pertinent 
criteria, the responsible official could decide to designate a road, 
trail, or area because there would be no measurable or appreciable 
effects on National Forest System resources or other uses, as in a dry 
location where the soil is stable, there are few or no other uses, and 
there are limited wildlife concerns. Alternatively, based upon 
consideration of the pertinent criteria, the responsible official could 
decide to designate a road, trail, or area after mitigation of adverse 
effects, such as where a road, trail, or area is designated for use 
seasonally to accommodate elk calving in the vicinity. Based upon 
consideration of the pertinent criteria, the responsible official 
alternatively could decide not to designate a road, trail, or area 
because designation would result in considerable adverse effects on 
National Forest System resources and other uses that could not be 
mitigated, such as where there are primarily nonmotorized uses such as 
hiking, where there is a municipal watershed with highly erosive soils, 
or where there is a wide variety of threatened, endangered, or 
sensitive species habitat.
    Section 212.55(c) Specific criteria for designation of roads. 
Section 212.55(c) of the proposed rule would include the specific 
criteria for designating roads, which are based on objectives in agency 
policy for management of motor vehicle use on roads. These criteria 
include:
    (1) Speed, volume, composition, and distribution of traffic on 
roads; and
    (2) Consistency with road management objectives.
    To a certain degree, National Forest System roads are in effect 
already designated for some classes of motor vehicle use pursuant to 
State law and assignment of the Forest Service's road maintenance 
levels. To avoid an unnecessary process in connection with designation 
of roads, the Forest Service would capture these de facto designations 
in implementing this proposed rule. For example, the agency could 
provide that all open National Forest System roads are presumptively 
designated for use by motor vehicles meeting the operator 
qualifications, vehicle licensing, and vehicle equipment requirements 
for use of public roads under applicable State law.
    In addition, it may be possible to provide that Forest Service road 
maintenance levels are keyed to certain motor vehicle classes, and that 
by setting a certain maintenance level for a National Forest System 
road, the agency has also designated the road for use by certain 
vehicle classes. For example, since National Forest System roads at 
maintenance level 2 are suitable for high-clearance motor vehicles, 
such as commercial trucks and SUVs, that meet motor vehicle 
requirements for use of public roads under applicable State law, the 
agency could provide that National Forest System roads at maintenance 
level 2 are presumptively designated for those motor vehicles.
    The agency could still allow use of a National Forest System road, 
if deemed appropriate, by vehicles such as OHVs that may not be used on 
public roads under State law. United States Department of 
Transportation regulations and Forest Service directives require that 
provisions of the Highway Safety Act apply on roads managed as open to 
public travel, that is, National Forest System roads at road 
maintenance levels 3, 4, and 5. In general, National Forest System 
roads subject to the Highway Safety Act would be designated for use by 
OHVs only in special circumstances and only upon completion of an 
engineering study to establish the traffic control devices and signs 
needed for user safety.
    Section 212.55(d) Rights of access. Section 212.55(d) would provide 
that in making designations pursuant to part 251, subpart B, the 
responsible official must be consistent with rights of access. These 
rights of access include valid existing rights; the rights of use of 
National Forest System roads and trails under Sec.  212.6(b); and the 
provisions concerning rights of access in sections 811 and 1110(a) of 
the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 
3121 and 3170(a), respectively) (note that section 811 of ANILCA 
applies only in Alaska).
    Examples of valid existing rights include a valid outstanding or 
reserved right-of-way for a road or trail in existence at the time 
title to the underlying land was acquired by the United States and a 
right-of-way for a road or trail acquired by the United States, where 
the owner of the underlying land may have retained control of the 
right-of-way and may have reserved the right to allow others to use it. 
Designations could still apply to uses outside the scope of the first 
type of right-of-way and could apply to uses within the scope of either 
type of right-of-way if the Forest Service has reserved the right to 
regulate use of the right-of-way.
    Section 212.55(e) Congressionally designated wilderness and 
primitive areas. Section 3(a)(4) of E.O. 11644 and the current Sec.  
295.2(b)(4) (which would be removed by this proposed rule) state that 
trails and areas in Congressionally designated wilderness and primitive 
areas shall not be designated for motor vehicle use. Each 
Congressionally designated wilderness area has enabling legislation. 
Some of these statutes may provide for motor vehicle use in a 
particular wilderness area. Accordingly, Sec.  212.55(e) of the 
proposed rule would preclude National Forest System roads, National 
Forest System trails, and areas on National Forest System lands in 
Congressionally designated wilderness areas from being designated for 
motor vehicle use, unless motor vehicle use is authorized by the 
applicable enabling legislation for those areas.
    Section 212.56 Identification of designated roads, trails, and 
areas. Section 5 of E.O. 11644 and Sec.  295.4 require publication and 
distribution of information, including maps, identifying and explaining 
designation of trails and areas for motor vehicle use. Section 212.56 
of the proposed rule would provide that designated roads, trails, and 
areas must be identified in a use map as defined in the proposed rule. 
Section 212.56 would also provide that use maps are to be made 
available to the public at the headquarters of corresponding 
administrative units of the National Forest System. ``Made available to 
the public'' would not necessarily mean making the maps available free 
of charge. The use maps would specify the classes of vehicles and, if 
appropriate, the times of year for which use is designated. Use maps 
also could reflect designations for nonmotorized uses, such as 
horseback riding and hiking, and restrictions or prohibitions on 
snowmobile use established pursuant to Sec.  212.58 of the proposed 
rule.
    Section 5 of E.O. 11644 also provides that designated trails and 
areas are to be well marked. The agency believes that marking of 
designated roads, trails, and areas may vary depending on the 
circumstances and that consequently some discretion is needed in the 
context of marking these routes and areas. Therefore, the agency 
believes that marking of designated roads, trails, and areas is best 
addressed in agency policy, rather than regulations.
    Section 212.57 Monitoring of effects of motor vehicle use on 
designated roads and trails and in designated areas. Section 8 of E.O. 
11644 and current Sec.  295.5 (which would be removed by the proposed 
rule) require the Forest Service to monitor the effects of motor 
vehicle use on designated trails and areas under the jurisdiction of 
the Forest Service. Accordingly, Sec.  212.57 of

[[Page 42389]]

the proposed rule would provide that for each administrative unit of 
the National Forest System, the Forest Supervisor, or other responsible 
official, shall monitor the effects of motor vehicle use on designated 
roads and trails and in designated areas under the jurisdiction of that 
Forest Supervisor or other responsible official. The results of 
monitoring could provide the basis for revision or rescission of 
designations made pursuant to Sec.  212.51 of the proposed rule, as 
provided in section 8(a) of E.O. 11644, or for a determination of 
considerable adverse effects for purposes of implementing a temporary, 
emergency closure pursuant to Sec.  212.52(b)(2) of the proposed rule.
    Section 212.57, like section 8 of E.O. 11644 and the current Sec.  
295.5, would not prescribe how monitoring is to be conducted. The 
agency believes that monitoring of designated roads, trails, and areas 
may vary depending on the circumstances and that some discretion is 
needed in the context of monitoring these routes and areas. Therefore, 
the agency believes that monitoring of designated roads, trails, and 
areas is best addressed in agency policy, rather than regulations.
Part 212, New Subpart C--Snowmobile Use
    Section 212.80 Purpose and scope. The purpose of this subpart would 
be to provide for regulation of snowmobile use on National Forest 
System roads and National Forest System trails and in areas on National 
Forest System lands.
    Section 212.81 Snowmobile use. Section 212.81 of the proposed rule 
would preserve the authority in E.O. 11644 and E.O. 11989 and in the 
current part 295 (which would be removed by this proposed rule) to 
allow, restrict, or prohibit snowmobile use on a discretionary basis. 
Section 212.81(a) and (b) would provide that snowmobile use on National 
Forest System roads and National Forest System trails and in areas on 
National Forest System lands may be allowed, restricted, or prohibited, 
provided that the following uses would be exempted from restrictions or 
prohibitions on snowmobile use:
    (a) Limited administrative use by the Forest Service;
    (b) Use of any fire, military, emergency, or law enforcement 
vehicle for emergency purposes;
    (c) Authorized use of any combat or combat support vehicle for 
national defense purposes;
    (d) Law enforcement response to violations of law, including 
pursuit; and
    (e) Use and occupancy of National Forest System lands and resources 
pursuant to a written authorization issued under Federal law or 
regulations.
    These exemptions are found in E.O. 11644 and E.O. 11989 and in the 
current part 295.
    As stated previously in the discussion of Sec.  212.51 of the 
proposed rule, a snowmobile traveling over snow results in different 
and less severe impacts to natural resource values than wheeled motor 
vehicles traveling over the ground. Consequently, in contrast to 
wheeled motor vehicles, it may be appropriate for snowmobiles to travel 
off route in relatively large, dispersed areas on National Forest 
System lands.
    Section 212.81(c) of the proposed rule would provide that the 
requirements governing designation of National Forest System roads, 
National Forest System trails, and areas on National Forest System 
lands in Sec. Sec.  212.52 (public involvement); 212.53 (coordination 
with other governmental entities); 212.54 (as applied to snowmobile 
use, revision of restrictions and prohibitions); 212.55 (as applied to 
snowmobile use, criteria for restrictions and prohibitions); 212.56 (as 
applied to snowmobile use, identification of restrictions and 
prohibitions); and 212.57 (monitoring the effects of motor vehicle use) 
shall apply to establishment of any restrictions or prohibitions on 
snowmobile use.

Revisions to Part 251--Land Uses, Subpart B--Special Uses

    Section 251.51 Definitions. Like Sec.  212.1 of the proposed rule, 
the current Sec.  251.51 contains definitions for forest road, National 
Forest System road, and National Forest System trail. However, Sec.  
251.51 lacks a definition for a road or trail under Forest Service 
jurisdiction, which is a component of the definition for National 
Forest System road and National Forest System trail. Therefore, to make 
the definition in Sec.  251.51 consistent with those in Sec.  212.1 of 
the proposed rule, a definition for a road or trail under Forest 
Service jurisdiction would be added to Sec.  251.51.

Revisions to Part 261--Prohibitions, Subpart A--General Prohibitions

    Section 261.2 Definitions. The proposed rule would revise the 
definition for motor vehicle in Sec.  261.2 to make it consistent with 
the definition for motor vehicle in Sec.  212.1 of the proposed rule, 
which excludes wheelchairs and other mobility devices as defined in the 
Americans With Disabilities Act.
    Like Sec.  212.1 of the proposed rule, the current Sec.  261.2 
contains definitions for forest road or trail, National Forest System 
road, and National Forest System trail. However, Sec.  261.2 lacks a 
definition for a road or trail under Forest Service jurisdiction, which 
is a component of the definition for National Forest System road and 
National Forest System trail. To make the definitions in Sec.  261.2 
consistent with Sec.  212.1 of the proposed rule, a definition for a 
road or trail under Forest Service jurisdiction would be added to Sec.  
261.2 of the proposed rule.
    Section 261.13 Motor vehicle use. Section 6 of E.O. 11644 requires 
the Forest Service, where authorized by law, to prescribe appropriate 
penalties for violation of regulations adopted pursuant to that E.O. 
and to establish procedures for enforcement of those regulations. 
Accordingly, the proposed rule would add a new prohibition to part 261, 
subpart A, for enforcement of designations made pursuant to Sec.  
212.51 of the proposed rule. Enforcement of designations for motor 
vehicle use made pursuant to Sec.  212.51 of the proposed rule using a 
prohibition in part 261, subpart A, would be simpler than enforcement 
of restrictions and prohibitions under the current part 295 (part 295 
would be removed by this proposed rule), which requires issuance of an 
order under part 261, subpart B, and issuance of a citation for 
violation of that order. Enforcement of a prohibition in part 261, 
subpart A, can be accomplished simply through issuance of a citation.
    The prohibition in Sec.  261.13 of the proposed rule would not go 
into effect and could not be enforced until roads, trails, and areas 
have been designated pursuant to Sec.  212.51 of the proposed rule, in 
accordance with the requirements in proposed part 212, subpart B, 
including the requirements in the proposed rule for public input in 
Sec.  212.52 and the criteria in Sec.  212.55. Under proposed Sec.  
261.13, after roads, trails, and areas have been designated pursuant to 
Sec.  212.51 on an administrative unit or a ranger district of the 
National Forest System, it would be prohibited to possess or operate a 
motor vehicle on National Forest System lands in that administrative 
unit or ranger district other than in accordance with those 
designations, provided that the following vehicles and uses would be 
exempted from this prohibition:
    (a) Aircraft;
    (b) Watercraft;
    (c) Snowmobiles;
    (d) Limited administrative use by the Forest Service;
    (e) Use of any fire, military, emergency, or law enforcement 
vehicle for emergency purposes;

[[Page 42390]]

    (f) Authorized use of any combat or combat support vehicle for 
national defense purposes;
    (g) Law enforcement response to violations of law, including 
pursuit;
    (h) Use and occupancy of National Forest System lands and resources 
pursuant to a written authorization issued under Federal law or 
regulations; and
    (i) Use of a road or trail that is not under Forest Service 
jurisdiction.
    These vehicles and uses are also exempted from the designations 
made pursuant to Sec.  212.51. These exemptions are enumerated in Sec.  
212.51(a) through (h). The counterpart for exemption (i) is the scope 
of Sec.  212.51, which with respect to roads and trails is limited to 
designating motor vehicle use on National Forest System roads and 
National Forest System trails, i.e., forest roads or trails under the 
jurisdiction of the Forest Service. Since designations for motor 
vehicle use established pursuant to Sec.  212.51 of the proposed rule 
would not apply to roads or trails that are not under Forest Service 
jurisdiction, a prohibition enforcing designations for motor vehicle 
use established pursuant to Sec.  212.51 of the proposed rule would not 
apply to motor vehicle use on roads or trails that are not under Forest 
Service jurisdiction.
    Section 261.14 Snowmobile use. Section 6 of E.O. 11644 requires the 
Forest Service, where authorized by law, to prescribe appropriate 
penalties for violation of regulations adopted pursuant to that E.O. 
and to establish procedures for enforcement of those regulations. 
Accordingly, the proposed rule would add a new prohibition to part 261, 
subpart A, for enforcement of restrictions and prohibitions regarding 
snowmobile use established pursuant to Sec.  212.81 of the proposed 
rule. Enforcement of snowmobile restrictions and prohibitions 
established pursuant to Sec.  212.81 of the proposed rule using a 
prohibition in part 261, subpart A, would be simpler than enforcement 
of restrictions and prohibitions under the current part 295 (which 
would be removed by this proposed rule), which requires issuance of an 
order under part 261, subpart B, and issuance of a citation for 
violation of that order. Enforcement of a prohibition in part 261, 
subpart A, can be accomplished simply through issuance of a citation.
    Under proposed Sec.  261.14, it would be prohibited to possess or 
operate a snowmobile on National Forest System lands in violation of a 
restriction or prohibition established pursuant to proposed Sec.  
212.81, provided that the following uses would be exempted from this 
prohibition:
    (a) Limited administrative use by the Forest Service;
    (b) Use of any fire, military, emergency, or law enforcement 
vehicle for emergency purposes;
    (c) Authorized use of any combat or combat support vehicle for 
national defense purposes;
    (d) Law enforcement response to violations of law, including 
pursuit;
    (e) Use and occupancy of National Forest System lands and resources 
pursuant to a written authorization issued under Federal law or 
regulations; and
    (f) Use of a road or trail that is not under Forest Service 
jurisdiction.
    These uses are also exempted from the restrictions and prohibitions 
established pursuant to Sec.  212.81 of the proposed rule. Exemptions 
(a) through (e) are enumerated in Sec.  212.81(b). The counterpart for 
exemption (f) is the scope of Sec.  212.81(a), which with respect to 
roads and trails is limited to establishing restrictions or 
prohibitions on snowmobile use on National Forest System roads and 
National Forest System trails, such as, forest roads or trails under 
the jurisdiction of the Forest Service. Since restrictions and 
prohibitions on snowmobile use established pursuant to Sec.  212.81 of 
the proposed rule would not apply to snowmobile use on roads or trails 
that are not under Forest Service jurisdiction, a prohibition enforcing 
restrictions and prohibitions on snowmobile use established pursuant to 
Sec.  212.81 of the proposed rule would not apply to snowmobile use on 
roads or trails that are not under Forest Service jurisdiction.

Removal of Part 295--Use of Motor Vehicles Off National Forest System 
Roads

    Part 295 would be removed, as its provisions, with the exception of 
Sec.  295.6, requiring annual review of motor vehicle management plans 
and temporary designations, would be integrated into part 212, subpart 
B, of the proposed rule. Section 295.6 would not be retained because it 
has no antecedent in E.O. 11644 or E.O. 11989 and inappropriately 
removes discretion from the responsible official to determine how often 
to review designations of roads, trails, and areas for motor vehicle 
use.
    Proposed part 212, subpart B, would provide more consistency in 
management of motor vehicle use than the current part 295. In contrast 
to the current part 295, which allows for a patchwork of restrictions 
and prohibitions on motor vehicle use on National Forest System lands, 
proposed part 212, subpart B, would require designation of National 
Forest System roads, National Forest System trails, and areas on 
National Forest System lands for motor vehicle use.
    In addition, designations made pursuant to proposed part 212, 
subpart B, would be broader than any restrictions or prohibitions 
implemented pursuant to the current part 295 because designations made 
pursuant to part 212, subpart B, would apply to motor vehicle use on 
National Forest System roads, as well as off National Forest System 
roads.

Regulatory Certifications

Environmental Impact

    This proposed rule would require development at the field level, 
with public input, of a designated system for motor vehicle use on 
National Forest System roads and trails and in areas on National Forest 
System lands. The proposed rule would have no effect on the ground 
until designations of roads, trails, and areas are completed at the 
field level, with opportunity for public involvement. Section 31b of 
Forest Service Handbook 1909.15 (57 FR 43180, September 18, 1992) 
excludes from documentation in an environmental assessment or 
environmental impact statement ``rules, regulations, or policies to 
establish Service-wide administrative procedures, program processes, or 
instructions.'' The agency's conclusion is that this proposed rule 
falls within this category of actions and that no extraordinary 
circumstances exist which would require preparation of an environmental 
assessment or environmental impact statement.

Regulatory Impact

    This proposed rule has been reviewed under USDA procedures and 
Executive Order (E.O.) 12866 on regulatory planning and review. The 
Office of Management and Budget (OMB) has determined that this proposed 
rule is not significant for purposes of E.O. 12866. This proposed rule 
would not have an annual effect of $100 million or more on the economy, 
nor would it adversely affect productivity, competition, jobs, the 
environment, public health and safety, or State and local governments. 
This proposed rule would not interfere with any action taken or planned 
by another agency, nor would it raise new legal or policy issues. 
Finally, this proposed rule would not alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of beneficiaries of such programs.

[[Page 42391]]

Accordingly, this proposed rule is not subject to OMB review under E.O. 
12866.

Regulatory Flexibility Act Analysis

    This proposed rule has been considered in light of the Regulatory 
Flexibility Act (5 U.S.C. 602 et seq.). The proposed rule would not 
have any effect on small entities as defined by the Regulatory 
Flexibility Act. The proposed rule would require development at the 
field level, with public input, of a designated system for motor 
vehicle use on National Forest System roads and trails and in areas on 
National Forest System lands. The proposed rule would not directly 
affect small businesses, small organizations, and small governmental 
jurisdictions. Therefore, the agency has determined that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities pursuant to the Regulatory Flexibility Act 
because it would not impose recordkeeping requirements on them; it 
would not affect their competitive position in relation to large 
entities; and it would not affect their cash flow, liquidity, or 
ability to remain in the market.

No Takings Implications

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in E.O. 12630. It has been determined 
that this rule would not pose the risk of a taking of private property.

Civil Justice Reform

    This proposed rule has been reviewed under E.O. 12988 on civil 
justice reform. After adoption of this proposed rule, (1) all State and 
local laws and regulations that conflict with this rule or that impede 
its full implementation would be preempted; (2) no retroactive effect 
would be given to this final rule; and (3) it would not require 
administrative proceedings before parties may file suit in court 
challenging its provisions.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The agency has considered this proposed rule under the requirements 
of E.O. 13132 on federalism, and has determined that the proposed rule 
conforms with the federalism principles set out in this E.O.; would not 
impose any compliance costs on the States; and would not have 
substantial direct effects on the States, the relationship between the 
Federal government and the States, or the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
agency has determined that no further assessment of federalism 
implications is necessary.
    Moreover, this proposed rule would not have Tribal implications as 
defined by E.O. 13175, Consultation and Coordination With Indian Tribal 
Governments, and therefore advance consultation with Tribes is not 
required.

Energy Effects

    This proposed rule has been reviewed under E.O. 13211 of May 18, 
2001, Actions Concerning Regulations That Significantly Affect the 
Energy Supply. It has been determined that this proposed rule would not 
constitute a significant energy action as defined in the E.O.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), which the President signed into law on March 22, 
1995, the agency has assessed the effects of this proposed rule on 
State, local, and Tribal governments and the private sector. This 
proposed rule would not compel the expenditure of $100 million or more 
by any State, local, or Tribal government or anyone in the private 
sector. Therefore, a statement under section 202 of the act is not 
required.

Controlling Paperwork Burdens on the Public

    This proposed rule does not contain any recordkeeping or reporting 
requirements or other information collection requirements as defined in 
5 CFR part 1320 that are not already required by law or not already 
approved for use. Accordingly, the review provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing 
regulations at 5 CFR part 1320 do not apply.

List of Subjects

36 CFR Part 212

    Highways and roads, National forests, Public lands--rights-of-way, 
and Transportation.

36 CFR Part 251

    Administrative practice and procedure, Electric power, National 
forests, Public lands rights-of-way, Reporting and recordkeeping 
requirements, Water resources.

36 CFR Part 261

    Law enforcement, National forests.

36 CFR Part 295

    National forests, Traffic regulations.

    Therefore, for the reasons set out in the preamble, the Forest 
Service proposes to amend part 212, subpart B of part 251, and subpart 
A of part 261 and to remove part 295 of title 36 of the Code of Federal 
Regulations as follows:

PART 212--TRAVEL MANAGEMENT

Sec. Sec.  212.1 through 212.21 [Designated as subpart A]

    1. Sections 212.1 through 212.21 are designated as Subpart A--
Administration of the Forest Transportation System, and the authority 
citation for part 212 is designated as the authority citation for 
subpart A and continues to read as follows:

    Authority: 16 U.S.C. 551; 23 U.S.C. 205.

    2. The heading for part 212 is revised to read as set forth above.
    3. Amend Sec.  212.1 as follows:
    a. In alphabetical order, add the following definitions: 
administrative unit; area; designated road, trail, or area; forest road 
or trail; forest transportation system; motor vehicle; National Forest 
System road; National Forest System trail; road or trail under Forest 
Service jurisdiction; snowmobile; temporary road or trail; trail; 
travel management atlas; unauthorized or unclassified road or trail; 
and use map; and
    b. Revise the definition for forest transportation atlas and road, 
and remove the definitions for classified road, temporary road, and 
unclassified road.
    The additions and revisions read as follows:


Sec.  212.1  Definitions.

    Administrative unit. A national forest, a national grassland, Land 
Between the Lakes, Lake Tahoe Basin Management Unit, or Midewin 
National Tallgrass Prairie.
    Area. A discrete, specifically delineated space that is smaller 
than a ranger district.
* * * * *
    Designated road, trail, or area. A National Forest System road, a 
National Forest System trail, or an area on National Forest System 
lands that is designated for motor vehicle use pursuant to Sec.  212.51 
in a use map contained in a travel management atlas.
* * * * *
    Forest road or trail. A road or trail wholly or partly within or 
adjacent to and serving the National Forest System that the Forest 
Service determines is necessary for the protection, administration, and 
utilization of the National Forest System and the use and

[[Page 42392]]

development of its resources, and that is included in a forest 
transportation atlas.
    Forest transportation atlas. A display of the system of roads, 
trails, and airfields of an administrative unit of the National Forest 
System that consists of the geospatial, tabular, and other data that 
support resource management activities and analysis associated with 
resource management goals in the applicable land management plan.
* * * * *
    Forest transportation system. The system of National Forest System 
roads, National Forest System trails, and airfields on National Forest 
System lands that are included in a forest transportation atlas.
* * * * *
    Motor vehicle. Any vehicle which is self-propelled, other than:
    (1) A vehicle operated on rails; and
    (2) Any wheelchair or mobility device, including one that is 
battery-powered, that is designed solely for use by a mobility-impaired 
person for locomotion, and that is suitable for use in an indoor 
pedestrian area.
* * * * *
    National Forest System road. A forest road under the jurisdiction 
of the Forest Service.
    National Forest System trail. A forest trail under the jurisdiction 
of the Forest Service.
* * * * *
    Road. A motor vehicle route over 50 inches wide, unless identified 
and managed as a trail. A road may be a forest road, a temporary road, 
or an unauthorized or unclassified road.
* * * * *
    Road or trail under Forest Service jurisdiction. For the purposes 
only of the definitions of National Forest System road and National 
Forest System trail, a road or trail located on National Forest System 
lands, other than a road or trail:
    (1) Which has been authorized by a legally documented right-of-way 
held by a State, County, or local public road authority; or
    (2) Which an authorized officer has ascertained, for administrative 
purposes and based on available evidence, is within a public right-of-
way for a highway, such as a right-of-way for a highway pursuant to 
R.S. 2477 (43 U.S.C. 932, repealed Oct. 21, 1976).
* * * * *
    Snowmobile. A motor vehicle that is designed exclusively for use 
over snow and that runs on a track or tracks and/or a ski or skis.
    Temporary road or trail. A road or trail necessary for emergency 
operations or authorized by contract, permit, lease, or other written 
authorization that is not a forest road or a forest trail and that is 
not included in a forest transportation atlas.
    Trail. A route 50 inches or less in width or a route over 50 inches 
wide that is identified and managed as a trail. A trail may be a forest 
trail, a temporary trail, or an unauthorized or unclassified trail.
    Travel management atlas. An atlas that includes a forest 
transportation atlas and a use map.
    Unauthorized or unclassified road or trail. A road or trail that is 
not a forest road or trail or a temporary road or trail and that is not 
included in a forest transportation atlas.
    Use map. A map reflecting designated roads, trails, and areas on an 
administrative unit or a ranger district of the National Forest System 
that is part of a travel management atlas.
    4. Amend Sec.  212.2 by revising paragraph (a), redesignating 
paragraph (b) as (d), and adding new paragraphs (b) and (c) to read as 
follows:


Sec.  212.2  Forest transportation program.

    (a) Travel management atlas. For each administrative unit of the 
National Forest System, the Forest Supervisor or other responsible 
official must develop and maintain a travel management atlas, which is 
to be available to the public at the headquarters of that 
administrative unit.
    (b) Forest transportation atlas. A forest transportation atlas may 
be updated to reflect new information on the existence and condition of 
roads, trails, and airfields of the administrative unit. A forest 
transportation atlas does not contain inventories of temporary roads, 
which are tracked by the project or activity authorizing the temporary 
road. The content and maintenance requirements for a forest 
transportation atlas are identified in the Forest Service directive 
system (Sec.  200.1).
    (c) Program of work for the forest transportation system. A program 
of work for the forest transportation system shall be developed each 
fiscal year in accordance with procedures prescribed by the Chief.
* * * * *
    5. Revise Sec.  212.5 as follows:
    a. Revise paragraphs (a)(1) and (a)(2)(ii);
    b. Revise the heading for paragraph (c) to read ``Cost recovery on 
National Forest System roads''; and
    c. Revise the heading for paragraph (d) to read ``Maintenance and 
reconstruction of National Forest System roads by users.''


Sec.  212.5  Road system management.

    (a) Traffic rules. * * *
    (1) General. Traffic on roads is subject to State traffic laws 
where applicable except when in conflict with designations established 
under subpart B of this part or with the rules at 36 CFR part 261.
    (2) Specific. * * *
    (ii) Roads, or segments thereof, may be restricted to use by 
certain classes of vehicles or types of traffic as provided in 36 CFR 
part 261. Classes of vehicles may include but are not limited to 
distinguishable groupings such as passenger cars, buses, trucks, 
motorcycles, automobiles, 4-wheel drive vehicles, off-highway vehicles 
and trailers. Types of traffic may include, but are not limited to, 
groupings such as commercial hauling, recreation, and administrative.
* * * * *
    6. Revise the paragraph heading for Sec.  212.7(a) to read as 
follows:


Sec.  212.7.  Access procurement by the United States.

    (a) Existing or proposed National Forest System roads which are or 
will be part of a system of a State, county, or other local 
subdivision.
* * * * *
    7. Revise Sec.  212.10(d) to read as follows:


Sec.  212.10  Maximum economy National Forest System roads.

* * * * *
    (d) By a combination of these methods, provided that where roads 
are to be constructed at a higher standard than the standard, 
consistent with applicable environmental laws and regulations, that is 
sufficient for harvesting and removal of National Forest timber and 
other products covered by a particular sale, the purchaser of the 
timber and other products shall not be required to bear the part of the 
cost necessary to meet the higher standard, and the Chief may make such 
arrangements to achieve this end as may be appropriate.


Sec.  212.20  [Removed]

    8. Remove and reserve Sec.  212.20.
    9. Add a new subpart B to read as follows:

Subpart B--Designation of Roads, Trails, and Areas for Motor 
Vehicle Use

Sec.
212.50 Purpose and scope; definitions.
212.51 Designation of roads, trails, and areas.
212.52 Public involvement in the designation process.

[[Page 42393]]

212.53 Coordination with Federal, State, county, and other local 
governmental entities and tribal governments.
212.54 Revision of designations.
212.55 Criteria for designation of roads, trails, and areas.
212.56 Identification of designated roads, trails, and areas.
212.57 Monitoring of effects of motor vehicle use on designated 
roads and trails and in designated areas.

    Authority: 7 U.S.C. 1011(f); 16 U.S.C. 551; E.O. 11644, 37 FR 
2877, 3 CFR, 1971-1975 Comp., p. 666, 11989, 42 FR 26959, 3 CFR, 
1977 Comp., p. 120.


Sec.  212.50  Purpose and scope; definitions.

    (a) The purpose of this subpart is to provide for a system of 
National Forest System roads, National Forest System trails, and areas 
on National Forest System lands that are designated for motor vehicle 
use. After these roads, trails, and areas are designated, motor vehicle 
use, including the class of vehicle and time of year, not in accordance 
with these designations is prohibited by 36 CFR 261.13. Motor vehicle 
use off designated roads and trails and outside designated areas is 
prohibited by 36 CFR 261.13.
    (b) For definitions of terms used in this subpart, refer to Sec.  
212.1 in subpart A of this part.


Sec.  212.51  Designation of roads, trails, and areas.

    Motor vehicle use on National Forest System roads, on National 
Forest System trails, and in areas on National Forest System lands 
shall be designated by vehicle class and, if appropriate, by time of 
year by the responsible official on administrative units or ranger 
districts of the National Forest System, provided that the following 
vehicles and uses are exempted from these designations:
    (a) Aircraft;
    (b) Watercraft;
    (c) Snowmobiles (see Sec.  212.81);
    (d) Limited administrative use by the Forest Service;
    (e) Use of any fire, military, emergency, or law enforcement 
vehicle for emergency purposes;
    (f) Authorized use of any combat or combat support vehicle for 
national defense purposes;
    (g) Law enforcement response to violations of law, including 
pursuit; and
    (h) Use and occupancy of National Forest System lands and resources 
pursuant to a written authorization issued under Federal law or 
regulations.


Sec.  212.52  Public involvement in the designation process.

    (a) General. The public shall be allowed to participate in the 
process of designating National Forest System roads, National Forest 
System trails, and areas on National Forest System lands and revising 
those designations pursuant to this subpart. Advance notice shall be 
given to allow for public comment on proposed designations and 
revisions.
    (b) Absence of public involvement in temporary, emergency closures. 
(1) General. Nothing in this section shall alter or limit the authority 
to implement temporary, emergency closures pursuant to 36 CFR part 261, 
subpart B, without advance public notice to provide short-term resource 
protection or to protect public health and safety.
    (2) Temporary, emergency closures based on a determination of 
considerable adverse effects. If, based on monitoring pursuant to Sec.  
212.57, the Forest Supervisor or other responsible official determines 
that motor vehicle use on a National Forest System road or National 
Forest System trail or in an area on National Forest System lands is 
causing or will cause considerable adverse effects on public safety or 
soil, vegetation, wildlife, wildlife habitat, or cultural or historic 
resources associated with that road, trail, or area, the Forest 
Supervisor or other responsible official shall immediately close that 
road, trail, or area to motor vehicle use until the official determines 
that such adverse effects have been mitigated or eliminated and that 
measures have been implemented to prevent future recurrence.


Sec.  212.53  Coordination with Federal, State, county, and other local 
governmental entities and tribal governments.

    The Forest Supervisor or other responsible official shall 
coordinate with appropriate Federal, State, County, and other local 
governmental entities and Tribal governments when designating National 
Forest System roads, National Forest System trails and areas on 
National Forest System lands pursuant to this subpart.


Sec.  212.54  Revision of designations.

    Designations of National Forest System roads, National Forest 
System trails, and areas on National Forest System lands pursuant to 
Sec.  212.51 may be revised as needed to meet changing conditions. 
Revisions of designations shall be made in accordance with the 
requirements for public involvement in Sec.  212.52 and the criteria in 
Sec.  212.55, and shall be reflected on a use map pursuant to Sec.  
212.56.


Sec.  212.55  Criteria for designation of roads, trails, and areas.

    (a) General criteria for designation of National Forest System 
roads, National Forest System trails, and areas on National Forest 
System lands. In designating National Forest System roads, National 
Forest System trails, and areas on National Forest System lands for 
motor vehicle use, the responsible official shall consider protection 
of National Forest System resources, promotion of public safety, 
provision of recreational opportunities, access needs, minimization of 
conflicts among uses of National Forest System lands, the need for 
maintenance and administration of roads, trails, and areas that would 
arise if the uses under consideration are designated; and the 
availability of resources for that maintenance and administration.
    (b) Specific criteria for designation of trails and areas. In 
addition to the criteria in paragraph (a) of this section, in 
designating National Forest System trails and areas on National Forest 
System lands, the responsible official shall consider effects on the 
following, with the objective of minimizing:
    (1) Damage to soil, watershed, vegetation, and other forest 
resources;
    (2) Harassment of wildlife and significant disruption of wildlife 
habitats;
    (3) Conflicts between motor vehicle use and existing or proposed 
recreational uses of National Forest System lands or neighboring 
Federal lands; and
    (4) Conflicts among different classes of motor vehicle uses of 
National Forest System lands or neighboring Federal lands.
    In addition, the responsible official shall consider:
    (5) Compatibility of motor vehicle use with existing conditions in 
populated areas, taking into account sound, emissions, and other 
factors; and
    (6) Consistency with trail management objectives.
    (c) Specific criteria for designation of roads. In addition to the 
criteria in paragraph (a) of this section, in designating National 
Forest System roads, the responsible official shall be consistent with:
    (1) Speed, volume, composition, and distribution of traffic on 
roads; and
    (2) Consistency with road management objectives.
    (d) Rights of access. In making designations pursuant to this 
subpart, the responsible official shall take into account:
    (1) Valid existing rights;
    (2) The provisions concerning rights of access in sections 811 and 
1110(a) of the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3121 and 3170(a), respectively); and

[[Page 42394]]

    (3) The rights of use of National Forest System roads and trails 
under Sec.  212.6(b).
    (e) Congressionally designated wilderness areas and primitive 
areas. National Forest System roads, National Forest System trails, and 
areas on National Forest System lands in Congressionally designated 
wilderness areas or primitive areas shall not be designated for motor 
vehicle use pursuant to this section, unless, in the case of wilderness 
areas, motor vehicle use is authorized by the applicable enabling 
legislation for those areas.


Sec.  212.56  Identification of designated roads, trails, and areas.

    Designated roads, trails, and areas shall be identified in a use 
map as defined in Sec.  212.1 of this part. Use maps shall be made 
available to the public at the headquarters of corresponding 
administrative units of the National Forest System. The use maps shall 
specify the classes of vehicles and, if appropriate, the times of year 
for which use is designated.


Sec.  212.57  Monitoring of effects of motor vehicle use on designated 
roads and trails and in designated areas.

    For each administrative unit of the National Forest System, the 
Forest Supervisor or other responsible official shall monitor the 
effects of motor vehicle use on designated roads and trails and in 
designated areas under the jurisdiction of that Forest Supervisor or 
other responsible official.
    10. Add a new subpart C to read as follows:

Subpart C--Snowmobile Use

212.80 Purpose and scope; definitions.
212.81 Snowmobile use.

    Authority: 7 U.S.C. 1011(f); 16 U.S.C. 551; E.O. 11644, 37 FR 
2877, 3 CFR, 1971-1975 Comp., p. 666, 11989, 42 FR 26959, 3 CFR, 
1977 Comp., p. 120.


Sec.  212.80  Purpose and scope; definitions.

    (a) The purpose of this subpart is to provide for regulation of 
snowmobile use on National Forest System roads and National Forest 
System trails and in areas on National Forest System lands.
    (b) For definitions of terms used in this subpart, refer to Sec.  
212.1 in subpart A of this part.


Sec.  212.81  Snowmobile use.

    (a) General. Snowmobile use on National Forest System roads and 
National Forest System trails and in areas on National Forest System 
lands may be allowed, restricted, or prohibited.
    (b) Exemptions from restrictions and prohibitions. The following 
uses are exempted from restrictions and prohibitions on snowmobile use:
    (1) Limited administrative use by the Forest Service;
    (2) Use of any fire, military, emergency, or law enforcement 
vehicle for emergency purposes;
    (3) Authorized use of any combat or combat support vehicle for 
national defense purposes;
    (4) Law enforcement response to violations of law, including 
pursuit; and
    (5) Use and occupancy of National Forest System lands and resources 
pursuant to a written authorization issued under Federal law or 
regulations.
    (c) Establishment of restrictions and prohibitions. The 
requirements governing designation of National Forest System roads, 
National Forest System trails, and areas on National Forest System 
lands in Sec. Sec.  212.52 through 212.57 shall apply to establishment 
of any restrictions or prohibitions on snowmobile use.

PART 251--LAND USES

Subpart B--Special Uses

    11. Revise the authority citation for part 251, subpart B, to read 
as follows:

    Authority: 7 U.S.C. 1011(f); 16 U.S.C. 460l-6a, 460l-6d, 472, 
497b, 497c, 551, 580d, 1134, 3210; 30 U.S.C. 185; 43 U.S.C. 1740, 
1761-1771.

    12. Add a definition to Sec.  251.51 for road or trail under Forest 
Service jurisdiction, in alphabetical order, to read as follows:


Sec.  251.51  Definitions.

* * * * *
    Road or trail under Forest Service jurisdiction. For the purposes 
only of the definitions of National Forest System road and National 
Forest System trail, a road or trail located on National Forest System 
lands, other than a road or trail:
    (1) Which has been authorized by a legally documented right-of-way 
held by a State, County, or local public road authority; or
    (2) Which an authorized officer has ascertained, for administrative 
purposes and based on available evidence, is within a public right-of-
way for a highway, such as a right-of-way for a highway pursuant to 
R.S. 2477 (43 U.S.C. 932, repealed Oct. 21, 1976).
* * * * *

PART 261--PROHIBITIONS

    13. The authority citation for part 261 continues to read as 
follows:

    Authority: 7 U.S.C. 1011(f); 16 U.S.C. 460l-6d, 472, 551, 
620(f), 1133(c)-(d)(1), 1246(i).

    14. Revise the definition for motor vehicle in Sec.  261.2 and add 
a definition for road or trail under Forest Service jurisdiction, in 
alphabetical order, to read as follows:


Sec.  261.2  Definitions.

* * * * *
    Motor vehicle means any vehicle which is self-propelled, other 
than:
    (1) A vehicle operated on rails; and
    (2) Any wheelchair or mobility device, including one that is 
battery-powered, that is designed solely for use by a mobility-impaired 
person for locomotion and that is suitable for use in an indoor 
pedestrian area.
* * * * *
    Road or trail under Forest Service jurisdiction. For purposes only 
of the definitions of National Forest System road and National Forest 
System trail, a road or trail located on National Forest System lands, 
other than a road or trail:
    (1) Which has been authorized by a legally documented right-of-way 
held by a State, County, or local public road authority; or
    (2) Which an authorized officer has ascertained, for administrative 
purposes and based on available evidence, is within a public right-of-
way for a highway, such as a right-of-way for a highway pursuant to 
R.S. 2477 (43 U.S.C. 932, repealed Oct. 21, 1976).
* * * * *


Sec. Sec.  261.13 through 261.21  [Redesignated as Sec. Sec.  261.15 
through 261.23]

    15. Redesignate Sec. Sec.  261.13 through 261.21 as Sec. Sec.  
261.15 through 261.23 and add new Sec. Sec.  261.13 and 261.14 to read 
as follows:


Sec.  261.13  Motor vehicle use.

    After National Forest System roads, National Forest System trails, 
and areas on National Forest System lands have been designated pursuant 
to 36 CFR 212.51 on an administrative unit or a ranger district of the 
National Forest System, it is prohibited to possess or operate a motor 
vehicle on National Forest System lands in that administrative unit or 
ranger district other than in accordance with those designations, 
provided that the following vehicles and uses are exempted from this 
prohibition:
    (a) Aircraft;
    (b) Watercraft;
    (c) Snowmobiles;
    (d) Limited administrative use by the Forest Service;
    (e) Use of any fire, military, emergency, or law enforcement 
vehicle for emergency purposes;
    (f) Authorized use of any combat or combat support vehicle for 
national defense purposes;

[[Page 42395]]

    (g) Law enforcement response to violations of law, including 
pursuit;
    (h) Use and occupancy of National Forest System lands and resources 
pursuant to a written authorization issued under Federal law or 
regulations; and
    (i) Use of a road or trail that is not under Forest Service 
jurisdiction.


Sec.  261.14  Snowmobile use.

    It is prohibited to possess or operate a snowmobile on National 
Forest System lands in violation of a restriction or prohibition 
established pursuant to 36 CFR part 212, subpart C, provided that the 
following uses are exempted from this section:
    (a) Limited administrative use by the Forest Service;
    (b) Use of any fire, military, emergency, or law enforcement 
vehicle for emergency purposes;
    (c) Authorized use of any combat or combat support vehicle for 
national defense purposes;
    (d) Law enforcement response to violations of law, including 
pursuit;
    (e) Use and occupancy of National Forest System lands and resources 
pursuant to a written authorization issued under Federal law or 
regulations; and
    (f) Use of a road or trail that is not under Forest Service 
jurisdiction.

PART 295--[REMOVED]

    16. Remove part 295.

    Dated: July 7, 2004.
Dale N. Bosworth,
Chief.
[FR Doc. 04-15775 Filed 7-14-04; 8:45 am]
BILLING CODE 3410-11-P