[Federal Register Volume 72, Number 68 (Tuesday, April 10, 2007)]
[Notices]
[Pages 17816-17819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6756]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / 
Notices  

[[Page 17816]]



DEPARTMENT OF AGRICULTURE

Forest Service


Roadless Area Conservation; National Forest System Lands in Idaho

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service, U.S. Department of Agriculture, is 
initiating a public rulemaking process to address the management of 
roadless areas on National Forest System (NFS) lands within the State 
of Idaho. This rulemaking is the result of a petition submitted by 
Governor James Risch on behalf of the State of Idaho pursuant to 7 CFR 
Sec.  1.28, reviewed and recommended by the Department's Roadless Area 
Conservation National Advisory Committee, and accepted by the 
Secretary. The State requests specific regulatory protections with 
certain management flexibility for the 9.3 million acres of affected 
NFS lands. The Forest Service will prepare an environmental impact 
statement to analyze and disclose potential environmental consequences 
associated with this rulemaking.

DATES: Comments concerning the scope of the analysis must be received 
by May 10, 2007.

ADDRESSES: Comments may be sent via e-mail to 
[email protected]. Written comments concerning this notice 
should be addressed to Roadless Area Conservation-Idaho, P.O. Box 
162909, Sacramento, CA 95816-2909, or via facsimile to 916-456-6724.
    All comments, including names and addresses, when provided, are 
placed in the record and are available for public inspection and 
copying. The public may inspect comments received at http://roadless.fs.fed.us.

FOR FURTHER INFORMATION CONTACT: Brad Gilbert, Idaho Roadless 
Interdisciplinary Team Leader, 208-765-7438, [email protected].
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION:

Background

    As a leader in natural resource conservation, the Forest Service 
provides direction for the management and use of the Nation's forests, 
rangeland, and aquatic ecosystems. The Forest Service is charged to 
collaborate cooperatively with states and other interested parties 
regarding the use and management of the National Forest System (NFS).

The 2001 Roadless Area Conservation Rule (Roadless Rule)

    On January 12, 2001, the Department promulgated the Roadless Rule 
at 36 CFR 294 (66 FR 3244), which fundamentally changed the Forest 
Service's longstanding approach to management of inventoried roadless 
areas by establishing nationwide prohibitions that, with some 
exceptions, generally limited timber harvest, road construction, and 
road reconstruction within inventoried roadless areas on NFS lands. 
Prior to 2001, inventories of roadless areas were used primarily as 
tools for evaluating wilderness potential. Unless otherwise provided 
for by law, during forest planning the Forest Service generally 
evaluated each area's wilderness potential, made preliminary 
legislative recommendations, and assigned appropriate management area 
direction in land management plans. Land management plans were 
developed for each unit of the NFS through a public notice and comment 
process, building on years of scientific findings, analyses, and 
extensive public involvement.
    Following promulgation of the Roadless Rule, concerns were 
immediately expressed by states, Tribes and local communities. These 
concerns included the sufficiency and the accuracy of the information 
available for public review during the rulemaking process; the 
inclusion of an estimated 2.8 million acres of roaded lands in the 
inventoried roadless area land base; the denial of requests to lengthen 
the public review period; the denial of cooperating agency status 
requested by several Western States; the sufficiency of the range of 
alternatives considered in the rulemaking process; the need for 
flexibility and exceptions to allow for needed resource management 
activities; and the changes made in the final rule after the closure of 
the public comment period. Concerns were also expressed about applying 
one set of standards uniformly to every inventoried roadless area.
    The Roadless Rule became the subject of 10 lawsuits in Federal 
District Courts in Idaho, Utah, North Dakota, Wyoming, Alaska, and the 
District of Columbia. In one of these lawsuits, the U.S. District Court 
for the District of Idaho issued a preliminary injunction prohibiting 
implementation of the Roadless Rule on May 10, 2001. The preliminary 
injunction was reversed by the U.S. Court of Appeals for the Ninth 
Circuit on December 12, 2002.
    Secretary Veneman expressed the Department's commitment to 
conserving inventoried roadless area values in the NFS while 
acknowledging concerns raised by local communities, Tribes, and states 
regarding the Roadless Rule. In May 2001, the Secretary indicated that 
the Department would move forward with a responsible and balanced 
approach to re-examining the Roadless Rule. The Department was able to 
reach a settlement agreement with the State of Alaska leading to the 
adoption of a final rule on December 30, 2003, that withdrew the 
Tongass National Forest from the prohibitions of the Roadless Rule.
    However, on July 14, 2003, the U.S. District Court for the District 
of Wyoming set aside the Roadless Rule and issued a nationwide, 
permanent injunction against its implementation. The ruling was 
appealed.

The State Petitions Rule

    On May 13, 2005, the Department adopted a new rule (70 FR 25654), 
the State Petitions Rule, that established a process allowing Governors 
an opportunity to seek establishment of or adjustment to management 
requirements for NFS inventoried roadless areas within their states. 
The opportunity for submitting state petitions was available for 18 
months. Under the State Petitions Rule, submission of a petition was 
strictly voluntary, and management of

[[Page 17817]]

inventoried roadless areas was to be guided by individual land 
management plans until and unless these management requirements were 
changed through a state-specific rulemaking. At the same time, the 
Department established the Roadless Area Conservation National Advisory 
Committee in accordance with the Federal Advisory Committee Act (5 
U.S.C. App. II) to assist the Secretary with the implementation of this 
rule.
    On July 12, 2005, the Tenth Circuit Court of Appeals held that the 
appeal was moot after promulgation of the State Petitions Rule (see 
below). The Tenth Circuit dismissed the appeal and vacated the district 
court decision in May 2005, the States of California, New Mexico, 
Washington, and Oregon, as well as a coalition of environmental groups, 
challenged the State Petitions Rule in the Northern District of 
California. On September 20, 2006, the District Court set aside the 
State Petitions Rule and reinstated the Roadless Rule. The California 
court's order triggered the State of Wyoming to seek reinstatement by 
the Wyoming District Court of the vacated 2003 injunction against the 
original Roadless Rule. The State of Wyoming also filed a new 
complaint, again challenging the Roadless Rule.

State of Idaho Petition

    On June 23, 2005, the State of Idaho announced it would submit a 
petition pursuant to the State Petitions Rule, requesting specific 
regulatory protections and certain management flexibility for the 9.3 
million acres of NFS inventoried roadless areas in Idaho. As part of 
that announcement, the State invited affected county commissioners to 
develop specific recommendations for the NFS inventoried roadless areas 
in their respective counties. Additionally, over 50 public meetings 
were held and the general public was encouraged to send individual 
comments directly to the Governor's office for consideration.
    Idaho's petition was submitted to the Secretary of Agriculture for 
consideration on September 20, 2006. When the State Petitions Rule was 
injoined, Idaho submitted a petition on October 5, 2006, under section 
553(e) of the Administrative Procedure Act and Department regulations 
at 7 CFR 1.28 which allow an interested person the opportunity to 
petition for the issuance, amendment, or repeal of a rule.
    The Roadless Area Conservation National Advisory Committee reviewed 
the Idaho petition on November 29 and 30, 2006, in Washington, DC. 
Governor James Risch, on behalf of the State of Idaho discussed his 
views on the scope and intent of the petition during the first day of 
the meeting. The Committee also heard comments from other State and 
Forest Service officials, and members of the public. On December 19, 
2006, the Committee issued a unanimous consensus-based recommendation 
that the Secretary direct the Forest Service, with the State of Idaho 
as a cooperating agency, to proceed with rulemaking.
    On December 22, 2006, the Secretary accepted the petition based on 
the Advisory Committee's review and report and directed the Forest 
Service to initiate rulemaking.

Estimated Dates

    The Draft environmental impact statement is expected September, 
2007 and the final environmental impact statement is expected August, 
2008.

Purpose and Need for Action

    Following promulgation of the Roadless Rule, the State of Idaho was 
one of several states to express concerns about applying one set of 
standards regulating road construction, reconstruction, and timber 
harvest uniformly to every inventoried roadless area. The State 
undertook an extensive public comment process to assess the desired 
management objectives for each individual inventoried roadless area. 
This information was then used to construct the petition, including 
where and under what circumstances road construction and timber harvest 
should be prohibited in inventoried roadless areas. The State examined 
a management continuum that includes at one end, a restrictive approach 
emphasizing passive management and natural restoration approaches, and 
on the other end, a fairly unrestrictive approach emphasizing 
flexibility and active management. The petition, as presented by 
Governor Risch, requests that road construction and timber harvest be 
administered in accordance with five management themes applied to NFS 
inventoried roadless areas within the State of Idaho. While developing 
the petition, the State developed a set of guiding principles to 
evaluate the strength of submitted comments including: Current land 
management plan prescriptions, County/Tribal/Public comments, the 
wildland urban interface and forest health, consistency between 
National Forests within the State, and consistency between interstate 
National Forests.
    Although the State is seeking a rule with accompanying management 
themes that only directly administers timber harvest and road 
construction and/or reconstruction within NFS lands in Idaho, the State 
indicates that each theme would be an important consideration for the 
Forest Service's future management of inventoried roadless areas for 
activities and uses outside of the proposed regulations. The State has 
identified that the description of the themes is not intended to 
mandate or direct the Forest Service to propose or implement a proposed 
action; rather, the description of each theme is envisioned to function 
as a backdrop for future discussions between the Forest Service and the 
Governor's Roadless Rule Implementation Commission that was established 
by Idaho Executive Order 2006-43. The State also anticipates that the 
rulemaking will direct the Forest Service to develop a Memorandum of 
Understanding with the Implementation Commission outlining their 
relationship and responsibilities.

Petitioned Action

    The Forest Service, in cooperation with the State of Idaho is 
initiating a public rulemaking process to address the management of 
roadless areas on National Forest System (NFS) lands within the State 
of Idaho. The regulation sought would administer road construction and 
timber harvest in inventoried roadless areas in accordance with five 
management themes and allow most appropriate uses in inventoried 
roadless areas to be decided through the forest planning process in 
accordance with the National Forest Management Act. The management 
themes are Wild Land Recreation (1.3 million acres), Primitive Areas 
(1.7 million acres), Backcountry/Restoration (5.5 million acres) 
General Forest Areas (0.5 million acres) and Areas of Cultural, 
Historical, and Tribal Significance (0.25 million acres).
    In Wild Land Recreation Areas, road construction and reconstruction 
would be prohibited. Timber harvest would be permitted in these areas 
only if the responsible official determines it is for personal or 
administrative use as defined at 36 CFR Sec.  223; the areas show 
little evidence of historical or human use; natural processes are 
predominant; and people visiting these areas can find outstanding 
opportunities for recreation, including exploration, solitude, risk, 
and challenge.
    In Primitive Areas, road construction and reconstruction would be 
prohibited. Timber harvest would be permitted only if existing roads or 
aerial systems are used and the responsible official determines the 
harvest falls within exceptions consistent with those outlined in the 
Roadless Rule. These

[[Page 17818]]

areas generally reflect the primitive character of the Wild Land 
Recreation theme, however, they fall short of the Forest Service's 
recommended wilderness suitability criteria. They are naturally 
appearing and are relatively undisturbed by human management 
activities.
    In Backcountry/Restoration Areas, roads may be constructed or 
reconstructed only if the responsible official determines the roads 
fall within exceptions consistent with those outlined in the Roadless 
Rule. Timber harvest will be permitted if the responsible official 
determines that it meets exceptions consistent with those outlined in 
the Roadless Rule. These areas may display increased evidence of 
management activities, however, they would generally retain their 
roadless character. Areas are to provide a variety of recreation 
opportunites, while also ensuring adequate flexibility to maintain 
forest health.
    In General Forest, Grassland and Rangeland Areas, road construction 
and timber harvest would be permitted after necessary environmental 
analysis is completed. Areas may display high levels of human use 
including roads, facilities, evidence of vegetative manipulation, and 
mineral exploration/extraction.
    Three areas of cultural, historic, and tribal significance (Pilot 
Knob, Mallard-Larkins Pioneer Area, and Lewis and Clark Trail) will be 
defined and managed similarly to areas designated under the Primative 
theme.
    The petition does not seek to address leasable and locatable 
minerals. The public sale of salable minerals would be prohibited in 
areas designated as Wild Land Recreation or Primitive.
    The petition does not seek to address recreation, grazing, or other 
multiple uses not expressly prohibited in Idaho inventoried roadless 
areas. Those management activities will be governed by existing land 
management planning, travel planning, and grazing allotment analysis 
processes. The petition does not affect current or future management 
status of existing roads or trails in Idaho inventoried roadless areas 
or the status of existing grazing allotments.
    The petition does not address whether or how the Roadless Rule or 
State Petitions Rule apply to the inventoried roadless acres in 
national forests and grasslands outside of Idaho.

Possible Alternatives

    The NEPA implementing regulations require that an Environmental 
Impact Statement evaluate alternatives. Possible alternatives to be 
considered in the Draft Environmental Impact Statement include:
     Promulgation of a rule pursuant to the Idaho petition.
     Roadless management direction as set forth in the Roadless 
Rule.
     Roadless management direction as set forth in current Land 
and Resource Management Plans.
    Additional alternatives may arise from public comments or new 
information.

Lead and Cooperating Agencies

    State governments are important partners in management of the 
Nation's land and natural resources. States, particularly in the West, 
own and manage large tracts of land with tremendous social and 
biological value. State governments have frequently pioneered 
innovative land management programs and policies. State governments 
exert considerable influence over statewide economic development and 
private land use, both of which significantly affect natural resource 
management. In addition, state conservation agencies' relationships 
with others, including the general public offer additional 
opportunities for collaborative decisionmaking. Strong state and 
Federal cooperation regarding land management can facilitate long-term, 
community-oriented solutions.
    As part of its petition, the State of Idaho committed to 
participation as a cooperating agency in the preparation of any 
environmental analysis for this rulemaking.

Responsible Official

    The Responsible Official is the Secretary, USDA or his designee.

Nature of Decision To Be Made

    The Forest Service is initiating a public rulemaking process to 
address the management of roadless areas on National Forest System 
lands within the State of Idaho. This rulemaking is the result of a 
petition submitted by the State of Idaho pursuant to 7 CFR 1.28 and 
presented by Governor Risch on November 29, 2006. The State requests 
specific regulatory protections with certain management flexibility for 
the 9.3 million acres of affected land.

Scoping Process

    This Notice of Intent initiates the scoping process in compliance 
with the National Environmental Policy Act and its implementing 
regulations (40 CFR part 1500). As part of the scoping period, the 
Forest Service solicits public comment on the nature and scope of the 
environmental, social, and economic issues related to the rulemaking 
that should be analyzed in depth in the Draft Environmental Impact 
Statement. Comments collected during promulgation of the Roadless Rule 
and the extensive public involvement process used by the State to craft 
their petition will be heavily relied upon. The nature and scope of the 
analysis for the Draft Environmental Impact Statement will focus on the 
land management direction sought in the petition, and the alternative 
to it. Because of the extensive amount of public comment that has 
already been received on the issue of protecting roadless areas in 
Idaho (see background above) no public meetings are planned for this 
scoping effort. However, public meetings will be held after the Draft 
Environmental Impact Statement and proposed rule have been issued, and 
the public has had a chance to take a careful look at the site-specific 
proposed rule, alternatives, and effects.

Supplemental Addresses

    Additional information on how the State of Idaho petition was 
developed can be found in the State's petition at http://gov.idaho.gov/roadless_petition.html.
    Detailed maps of the management themes, Idaho's petition, a summary 
of the November 29 and 30, 2006 Advisory Committee meeting, the 
recommendation made by the Roadless Area Conservation National Advisory 
Committee to the Secretary, and the Secretary's letter to the Governor 
can be found at the Forest Service Roadless Area Conservation Web site: 
http://roadless.fs.fed.us.

Comment Requested

    Reviewers should provide their comments during the comment period. 
Timely comments will enable the agency to analyze and respond to them 
at one time and to use them in the preparation of the Environmental 
Impact Statement, thus avoiding undue delay in the decisionmaking 
process. Furthermore, the more specific and substantive the comments, 
the better for reviewers and the agency alike. Reviewers have an 
obligation to ``structure their participation in the National 
Environmental Policy Act process so that it is meaningful and alerts 
the agency to the reviewer's position and contentions.'' Vermont Yankee 
Nuclear Power Corp. v. NRDC, 435 U.S. 519, 552 (1978). Dept. of 
Transportation v. Public Citizen, 541 U.S. 752, 764 (2004). 
Environmental concerns that could have been raised at the draft stage 
may therefore be forfeited if not raised until after completion of the 
Final Environmental Impact

[[Page 17819]]

Statement. Comments on the draft should be specific and should address 
the adequacy of the draft and the merits of the alternatives discussed 
(40 CFR 1503.3).

    Dated: March 30, 2007.
Frederick Norbury,
Associate Deputy Chief, National Forest System.
[FR Doc. E7-6756 Filed 4-9-07; 8:45 am]
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