[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Notices]
[Pages 27800-27801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2419]


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 Notices
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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. 95 / Thursday, May 17, 2007 / 
Notices  

[[Page 27800]]



DEPARTMENT OF AGRICULTURE

Forest Service


Nez Perce National Forest, Idaho County; ID; Designated Route and 
Motorized Vehicle Use

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Nez Perce National Forest is undergoing planning efforts 
to comply with the designated routes and areas for motor vehicle use 
rule of November 9, 2005. The forest is proposing to analyze motorized 
routes and areas forest-wide to determine a base system, while 
considering the needs of the users, resources effects, rule 
requirements, and fiscal capabilities for continued maintenance.

DATES: Comments concerning the scope of the analysis must be received 
by 45 days after the date of publication in the Federal Register. The 
draft environmental impact statement is expected June of 2008 and the 
final environmental impact statement is expected February 2009.

ADDRESSES: Send written comments to Jane Cottrell, Forest Supervisor, 
1005 Highway 13, Grangeville, ID 83530, Attn: Designated Routes and 
Areas for Motor Vehicle Use.
    The Nez Perce National Forest has scheduled public meetings, to be 
held in three separate locations, to introduce this project and discuss 
the most effective ways the public can become involved. Meetings will 
take place in Elk City, ID on May 29, in Grangeville, ID on May 30, and 
in Riggins, ID on May 31, 2007. Additional information will be provided 
in the local newspaper prior to meeting times.

FOR FURTHER INFORMATION CONTACT: Alexandra Botello, Project Lead, 1005 
Highway 13, Grangeville, ID 83530, Attn: Designated Routes and Areas 
for Motor Vehicle Use.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    In November 2005, the USDA published the Travel Management; 
Designated Routes and Areas for Motor Vehicle Use; Final Rule [36 CFR 
parts 212, 251, 261, and 295] (the rule). This rule requires 
designations of those roads, trails, and areas that are open to motor 
vehicle use. Designations will be made by class of vehicle, and if 
appropriate, by time of year. The final rule prohibits the use of motor 
vehicles off the designated system, as well as the use of motor 
vehicles on routes and in areas not consistent with those designations. 
The rule seeks to create a system of routes and areas where motorized 
use is appropriate. The primary difference from our current system that 
will occur when implementing the rule is that routes and areas are 
closed to motorized use unless specifically designated open.
    The following vehicles and uses are exempt from Provisions in the 
rule [36 CFR 212.51]:

    Aircraft, Watercraft, Over-snow vehicles, Limited administrative 
use by Forest Service, Use of any fire, military, emergency, of law 
enforcement vehicles for emergency purposes, Authorized use of any 
combat or combat support vehicle for national defense purposes, Law 
enforcement [in] response to violations of law, and, any motor 
vehicle use that is specifically authorized under a written 
authorization issued under Federal law or regulation.

Current direction for the Nez Perce National Forest, under the Nez 
Perce National Forest Plan (1987) Amendment No. 2, October 1988, allows 
cross-country motorized travel unless otherwise designated closed.
    The Designated Routes and Areas for Motor Vehicle Use planning 
effort is designed to bring the direction for the Nez Perce National 
Forest in compliance with the Executive orders of the rule that 
``direct Federal agencies to ensure that the use of off road vehicles 
on public lands will be controlled and directed so as to protect the 
resources of those lands, to promote the safety of all users of those 
lands, and to minimize conflicts among various uses of those lands''.

Proposed Action

    The proposed action is to designate the current National Forest 
System (NFS) motorized routes on the Nez Perce National Forest, under 
class of vehicle and seasons of use, as they are presently (April, 
2007). This action would close the forest to cross-country motorized 
travel except in specifically designated areas or to over snow vehicle 
use (see attached map and legend).
    The proposed action also includes a distance 300 feet from center 
of road which allows for motorized use for the purposes of dispersed 
camping only, in areas where geography and resource protection are not 
limiting factors (e.g., cliffs, streams, etc.).
    This action does not supersede CFR 261.12 National Forest System 
roads and trails; * * * prohibition (c) Damaging and leaving in a 
damaged condition any such road, trail, or segment thereof. Nor will 
this action supersede CFR 261.15 Use of vehicles off roads; It is 
prohibited to operate any vehicle off National Forest System, State, or 
County roads; (h) In a manner which damages or unreasonably disturbs 
the land, wildlife, or vegetative resources.

Responsible Official

    Jane Cottrell, Forest Supervisor, Nez Perce National Forest, 1005 
Highway 13, Grangeville, ID 83530 is the responsible official for this 
proposal.

Nature of Decision To Be Made

    The Nez Perce National Forest will decide what routes and areas are 
appropriate to designate and manage for motor vehicle use by class of 
vehicle and seasons of use. Additionally, we will determine whether to 
amend the Nez Perce Forest Plan to remove certain existing standards 
applicable to motorized routes and area management.

Scoping Process

    The U.S. Forest Service uses the process required by the National 
Environmental Policy Act (NEPA). NEPA requires a systematic, 
interdisciplinary approach to ensure integrated application of the 
natural and social sciences and the environmental design arts in any 
planning and decisionmaking that affects the human environment (42 
U.S.C. 4332(2)(A)). Comments are accepted for 45 days after 
notification in the Federal Register. These comments help identify 
significant issues and/or eliminate nonsignificant issues from detailed 
study in the environmental impact statement.

[[Page 27801]]

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement. The Nez Perce 
National Forest is seeing comments and issues you may have regarding 
this project. Comments are most useful if they are specific.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A draft environmental impact statement will be 
prepared for comment. The comment period on the draft environmental 
impact statement will be 45 days from the date the Environmental 
Protection Agency publishes the notice of availability in the Federal 
Register.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft environmental impact statements must structure their 
participation in the environmental review of the proposal so that it is 
meaningful and alerts an agency to the reviewer's position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 
519,553 (1978). Also, environmental objections that could be raised at 
the draft environmental impact statement stage but that are not raised 
until after completion of the final environmental impact statement may 
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, 
it is very important that those interested in this proposed action 
participate by the close of the 45 day comment period so that comments 
and objections are made available to the Forest Service at a time when 
it can meaningfully consider them and respond to them in the final 
environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
nd concerns on the proposed action, comments on the draft environmental 
impact statement should be as specific as possible. It is also helpful 
if comments refer to specific pages or chapters of the draft statement. 
Comments may also address the adequacy of the draft environmental 
impact statement or the merits of the alternatives formulated and 
discussed in the statement. Reviewers may wish to refer to the Council 
on Environmental Quality Regulations for implementing the procedural 
provisions of the National Environmental Policy Act at 40 CFR 1503.3 in 
addressing these points.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.
(Authority:
    40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 
21.)

    Dated: May 10, 2007.
Jane L. Cottrell,
Nez Perce National Forest Supervisor.
[FR Doc. 07-2419 Filed 5-16-07; 8:45 am]
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