[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61778-61781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21340]


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DEPARTMENT OF AGRICULTURE

Forest Service


Eldorado National Forest, CA; Notice of Intent To Prepare an 
Environmental Impact Statement To Designate Routes for Public Off-
Highway Wheeled Motor Vehicles

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service will prepare an environmental impact 
statement to designate a portion of the inventoried routes on the 
Eldorado National Forest open to public off-highway wheeled motor 
vehicle \1\ use, and assign the type of use(s) and season of use 
allowed on each road and trail or portion thereof. Inventoried routes 
not selected for designation for public off-highway wheeled motor 
vehicle use will be closed to public wheeled motor vehicles year round. 
Eldorado National Forest maintenance level 3, 4, and 5 system roads 
subject to the Federal Highway Safety Act are currently designated open 
to highway legal vehicles. The Forest Supervisor will not propose to 
redesignate these roads for off-highway wheeled motor vehicles. The 
Rock Creek multi-use trail area on the Eldorado National Forest is not 
affected by this decision and is outside the scope of the project.
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    \1\ The term off-highway wheeled motor vehicle in this proposal 
means ``any (wheeled) motorized vehicle designed or capable of 
cross-country travel on or immediately over land, water, sand, snow, 
ice, marsh, swampland, or other natural terrain * * * '' (Executive 
Order 11644, as amended).

DATES: Comments on the proposed action should be submitted within 30 
days of the date of publication of this Notice of Intent. The draft 
environmental impact statement is expected by June 2006 and the final 
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environmental impact statement is expected in October 2006.

ADDRESSES: Send written comments to John D. Berry, Forest Supervisor, 
Eldorado National Forest, 100 Forni Road, Placerville, CA 95667.

FOR FURTHER INFORMATION CONTACT: Anthony V. Scardina, Route Designation 
Interdisciplinary Team Leader, Eldorado National Forest Supervisor's 
Office by telephone at (530) 621-5276, FAX (530) 621-5297, or by e-mail 
at [email protected].

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    It is Forest Service policy to provide a diversity of road and 
trail opportunities for experiencing a variety of environments and 
modes of travel consistent with the National Forest recreation role and 
land capability (FSM 2353.03(2)). Modes of travel include hiking, 
horseback riding, motor biking, and so forth (FSM 2353.2). The Eldorado 
National Forest Land and Resource Management Plan (ENF LRMP) prohibits 
wheeled vehicle travel off of designated roads, trails, and limited 
off-highway vehicle (OHV) use areas (Sierra Nevada Forest Plan 
Amendment (SNFPA) Record of Decision (ROD), January 2004, S&G 
69).
    In recent years, the use of OHVs across the Eldorado National 
Forest has increased substantially. This increased use has led to 
development of user-created trails, increased conflict between 
motorized and non-motorized uses; complaints about noise from adjacent 
landowners; and areas of degraded soil, water, vegetation, and wildlife 
habitat conditions. The current route inventory for Eldorado National 
Forest identified approximately 2,830 miles of roads and trails 
currently receiving some level of OHV use. Of these, 2,110 miles of 
National Forest System roads and trails are managed for OHV use.
    The underlying need for this proposal is to designate routes for 
public off-highway wheeled motor vehicle use on the Eldorado National 
Forest. In meeting this need, the selection of designated routes shall 
achieve the following purposes:

[[Page 61779]]

Compliance With Code of Federal Regulation

     Minimize damage to soil, watersheds, vegetation, or other 
resources (36 CFR 295.2(b)(1)).
     Minimize soil erosion and compaction of soils resulting in 
loss of soil productivity and sedimentation to waterways.
     Minimize disturbance and sedimentation to riparian areas, 
wetlands, and waterways adversely impacting fish, amphibians, and 
wildlife.
     Minimize spread of invasive, non-native, and noxious weeds 
along travel routes.
     Minimize disturbance, displacement of artifacts, 
destruction, and malicious access (including theft) to historic and 
archaeological sites.
     Prevent the creation of additional routes in 
environmentally sensitive areas.
     Minimize harassment of wildlife or significant disruption 
of wildlife habitat (36 CFR 295.2(b)(2)).
     Minimize disturbance and impacts to wildlife and botanical 
resources.
     Minimize conflicts between off-highway vehicle use and 
other existing or proposed recreational uses of the same or neighboring 
public lands (36 CFR 295.2(b)(3)).
     Balance recreational uses, including campers, hunters, 
anglers, hikers, mountain biking, equestrians, wildlife viewers, 
photographers, and motorized OHV users, to minimize conflicts.
     Minimize conflicts between motorized OHV use and other 
forest permittees (e.g., recreation residences, range permittees, 
campground concessionaires, outfitters, and guides).
     Ensure the compatibility of OHV use with existing 
conditions in populated areas, taking into account noise and other 
factors (36 CFR 295.2(b)(3)).
     Minimize adverse impacts to air quality (e.g., dust and 
exhaust).
     Minimize conflict between OHV use and private landowners 
(e.g., trespass, noise, dust, exhaust, vandalism).

Compliance with standards and guidelines in the Eldorado National 
Forest Land and Resource Management Plan as amended by the Sierra 
Nevada Forest Plan Amendment, January 2004 (Numerous standards and 
guidelines apply to the designation and use of OHV routes. However, the 
following standards and guidelines are those directly applicable to the 
purpose and need for this proposal).
     Prohibit wheeled vehicle travel off of designated roads, 
trails, and limited OHV use areas (SNFPA ROD, Standard and Guideline 
69, page 59).
     Maintenance level 2 forest roads will generally be 
designated as open to green sticker OHV use unless adverse 
environmental impacts or conflicts with other uses are identified (ENF 
LRMP, Management Practice 27, page 4-83).
     Selected maintenance level 1 forest roads (currently 
blocked) may be designated for OHV use if such use is not found to be 
in conflict with the original reason for closing the road ENF LRMP, 
Management Practice 27, page 4-83).
     Selected maintenance level 3, 4, and 5 Forest roads may be 
considered for combined use designation where their use would enhance 
opportunities for OHVs and would not conflict with other uses or 
resource considerations (ENF LRMP, Management Practice, page 4-83).
     In each deer herd winter range and fawning areas, 
motorized trails will be limited to an average of 2.5 miles per square 
mile. Open roads will be limited to an average of 2.5 miles per square 
mile (ENF LRMP, Management Practice 27, page 4-84).
     A closure plan will be instituted for motorized use, 
during wet weather periods to reduce damage to native surface trails. 
The plan will allow for trails to be open when soil conditions permit 
(ENF LRMP, Management Practice 27, page 4-84).
     Stabilize the surface of roads available for all weather 
use (ENF LRMP, Management Practice 102, page 4-107). Confine use to the 
dry seasons except on stabilized roads and trails (ENF LRMP, Management 
Practice 27, page 4-288).
     Roads and trails for which required rights-of-way do not 
exist and those located predominantly on private land will not be 
designated for OHV use * * * (ENF LRMP, Management Practice 27, page 4-
84).

Consistency With the Memorandum of Intent Between the USDA Forest 
Service and the California Off-Highway Motor Vehicle Recreation 
Commission, and the Off-Highway Motor Vehicle Recreation Division of 
the California Department of Parks and Recreation

     Designate OHV roads, trails, and specifically defined open 
areas for motorized wheeled vehicles on maps of the 19 National Forests 
in California.
     Improve management of OHV use on National Forest System 
lands in California by accomplishing the following: `` * * * (3) 
designate trails, roads, and specifically defined open areas for OHV 
use; (4) develop Forest Orders to protect natural resources and aid law 
enforcement.* * * ''

Compliance With the United States District Court for the Eastern 
District of California (Case CIV-S-02-0325 LKK/JFM, August 16, 2005, 
Senior Judge Lawrence K. Karlton)

     Issue a Final Environmental Impact Statement and Record of 
Decision on a new ENF OHV Plan to be consistent with regional 
guidelines for OHV route designation, with new national OHV regulations 
which the Forest Service expects will be promulgated later this year, 
and with the requirements of the National Environmental Policy Act and 
the National Forest Management Act.

Additional Purpose and Needs Identified from Public Input

     Provide for a safe and sustainable variety of OHV access 
and opportunities. Ensure a balance of 4X4, ATV, and motorcycle routes.
     Provide motorized access to heavily used and traditional 
dispersed sites and destinations.
     Consider designating existing non-system routes that 
create loops, thru-routes, and/or bypass sensitive areas.
     Review and evaluate previous decisions of OHV road 
closures and restrictions.
     Review and evaluate the current assignment of maintenance 
levels of system roads, and modify where appropriate.

Proposed Action

    The Eldorado National Forest Supervisor proposes to designate 
National Forest System maintenance level 1 roads (``closed to vehicular 
traffic''), maintenance level 2 roads (``open for use by high clearance 
vehicles''), and system motorized trails open to specific types of 
public off-highway wheeled motor vehicle use and for season of use. 
Eldorado National Forest maintenance level 3, 4, and 5 system roads 
subject to the Federal Highway Safety Act are currently designated open 
to highway legal vehicles. The Forest Supervisor will not propose to 
redesignate these roads for off-highway wheeled motor vehicles; 
however, portions of these roads may be designated for combined use of 
highway legal and off-highway wheeled motor vehicles. The Forest 
Supervisor will also consider non-system motor vehicle routes in the 
current route inventory for designation as system roads or trails or 
specific types of public off-highway wheeled motor vehicle use and for 
season of use. Entire roads or road segments may be added to the road 
system or assigned a dual designation as

[[Page 61780]]

a National Forest System trail. This proposal specifically considers:
     Approximately 590 miles of maintenance level 1 roads to be 
designated as system trails for ATVs and/or motorcycles.
     Approximately 990 miles of maintenance level 2 roads to be 
designated for 4x4s, ATVs, and/or motorcycles.
     Approximately 130 miles of native surface maintenance 
level 3 roads to be reassigned as maintenance level 2 roads for 4x4x, 
ATVs, and/or motorcycles.
     Approximately 3 miles of maintenance level 3, 4, 5 roads 
to be designated for combined use of highway legal and off-highway 
wheeled motor vehicles.
     Approximately 136 miles of system motorized trails to be 
designated for ATVs and/or motorcycles.
     Approximately 11 miles of non-system routes in the current 
route inventory to be designated as maintenance level 2 roads for 4x4s, 
ATVs, and/or motorcycles.
     Approximately 3 miles of non-system routes in the current 
route inventory to be designated as system trails for ATVs and/or 
motorcycles.
    All routes designated for public off-highway wheeled motor vehicle 
use will meet the standards and guidelines in the ENF LRMP as amended 
by the SNFPA. All native surface routes designated for public off-
highway wheeled motor vehicle use will be closed from November 1 to May 
1 each year. Inventoried routes not selected for designation for public 
off-highway wheeled motor vehicle use will be closed to public wheeled 
motor vehicles year round. The Rock Creek multi-use trail area on the 
Eldorado National Forest is not affected by this decision and is 
outside the scope of the project. Travel off of designated routes will 
be prohibited. Such designations and restrictions will be implemented 
by a issuing a forest order, pursuant to 36 CFR 261.
    This proposal involves the designation of routes only and in no way 
authorizes any ground disturbing activities, including: (1) The 
construction of new routes; (2) the deconstruction or decommissioning 
of inventoried routes; (3) the reconstruction of road or trails; (4) 
the construction of trailheads, staging areas, or parking areas; (5) 
the installation of gates or barriers; (6) restoration/rehabilitation 
projects; or (7) wheeled motor vehicle use of dispersed camping sites.
    The following uses are not affected by this decision and are 
outside the scope of the project: (1) Highway legal (non-green sticker) 
vehicle use of National Forest System roads subject to the Federal 
Highway Safety Act, as well as state and county roads; (2) snowmobiles; 
(3) aircraft; (4) watercraft; (5) non-motorized uses (e.g. hiking, 
equestrian, mountain bikes); (6) search and rescue operations; (7) 
firefighting operations and other emergency incident operations; (8) 
law enforcement operations; (9) special events (event only trails); 
(10) permitted uses (e.g. woodcutting, livestock herding/fence 
maintenance); (11) administrative access; (12) government contractors 
(e.g. timber, construction, and service contractors); and Homeland 
Security and Defense Department operations; (13) access by wheelchairs 
(motorized or non-motorized); (14) legal ingress and egress to private 
land; (15) RS 2477 claims and processes; (16) the Rock Creek multi-use 
trail area (under separate EIS and supplement); (17) the designation of 
inventoried roadless areas or proposed wilderness additions; and (18) 
changes to ENF LRMP land-use allocations.

Responsible Official

    John D. Berry, Forest Supervisor, Eldorado National Forest, 100 
Forni Road, Placerville, CA 95667.

Nature of Decision To Be Made

    The responsible official will decide whether to adopt and implement 
the proposed action, an alternative to the proposed action, or take no 
action to designate a portion of the inventoried routes on the Eldorado 
National Forest open to public off-highway wheeled motor vehicle use, 
and assign the type of use(s) and season of use allowed on each road 
and trail or portion thereof. Inventoried routes not selected for 
designation for public off-highway wheeled motor vehicle use will be 
closed to all wheeled motor vehicles year round. The Rock Creek multi-
use trail area on the Eldorado National Forest is not affected by this 
decision and is outside the scope of the project. Travel off of 
designated routes will be prohibited. Such designations and 
restrictions will be implemented by a issuing a forest order (pursuant 
to 36 CFR 261).

Scoping Process

    Public participation will be especially important at several points 
during the analysis. The Forest Service will be seeking information, 
comments, and assistance from the Federal, State, and local agencies 
and other individuals or organizations who may be interested in or 
affected by the proposed action.
    The Notice of Intent is expected to be published in the Federal 
Register on October 29, 2005. The comment period on the proposed action 
will extend 30 days from the date the Notice of Intent is published in 
the Federal Register.
    The draft environmental impact statement is expected to be filed 
with the Environmental Protection Agency (EPA) and to be available for 
public review by June 2006. EPA will publish a notice of availability 
of the draft EIS in the Federal Register. The comment period on the 
draft EIS will extend 45 days from the date the EPA notice appears in 
the Federal Register. At that time, copies of the draft EIS will be 
distributed to interested and affected agencies, organizations, and 
members of the public for their review and comment. It is very 
important that those interested in the management of the Eldorado 
National Forest participate at that time.
    The final EIS is scheduled to be completed in October 2006. In the 
final EIS, the Forest Service is required to respond to substantive 
comments received during the comment period that pertain to the 
environmental consequences discussed in the draft EIS and applicable 
laws, regulations, and policies considered in making the decision 
regarding route designation. Substantive comments are defined as 
``comments within the scope of the proposed action, specific to the 
proposed action, and have a direct relationship to the proposed action, 
and include supporting reasons for the Responsible Official to 
consider'' (36 CFR 215.2). Submission of substantive comments is a 
prerequisite for eligibility to appeal under the 36 CFR part 215 
regulations.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft supplemental environmental impact statements must structure their 
participation in the environmental review of the proposal so that it is 
meaningful and alerts an agency to the reviewer's position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft supplemental environmental impact statement stage but that are 
not raised until after completion of the final supplemental 
environmental impact statement may be waived or dismissed

[[Page 61781]]

by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 
1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 
(E.D. Wis. 1980). Because of these court rulings, it is very important 
that those interested in this proposed action participate by the close 
of the 45-day comment period so that substantive comments and 
objections are made available to the Forest Service at a time when it 
can meaningfully consider them and respond to them in the final 
supplemental environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft statement. Comments may also 
address the adequacy of the draft environmental impact statement or the 
merits of the alternatives formulated and discussed in the statement. 
Reviewers may wish to refer to the Council on Environmental Quality 
Regulations for implementing the procedural provisions of the National 
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposed 
and will be available for public inspection.

    Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21.

    Dated: October 20, 2005.
John D. Berry,
Forest Supervisor.
[FR Doc. 05-21340 Filed 10-25-05; 8:45 am]
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