[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Notices]
[Pages 40827-40829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3618]


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DEPARTMENT OF AGRICULTURE

Forest Service


Motorized Travel Management Plan, Coconino National Forest; 
Coconino and Yavapai Counties, AZ

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Coconino National Forest will prepare an environmental 
impact statement (EIS) to disclose the effects of designating a system 
of roads, trails and areas for motorized vehicle use, thereby 
developing a motorized travel management plan. Such a plan is needed to 
meet new National travel management regulations and to improve the 
management and enforcement of motor vehicle use on National Forest 
Service lands. This notice describes the components to be included in 
the motorized travel plan, proposed forest plan amendment, decisions to 
be made, estimated dates pertaining to the project, information 
concerning public participation, and the responsible agency official. 
The project area is defined by the boundaries of the Coconino National 
Forest, and includes the Peaks, Mormon Lake, Red Rock, and Mogollon Rim 
Ranger Districts.

DATES: Written comments to be considered in the preparation of the 
draft environmental impact statement (DEIS) should be submitted within 
45 days of the date of publication of this Notice of Intent in the 
Federal Register. The DEIS is expected to be published in the summer of 
2008. The final environmental impact statement (FEIS) and record of 
decision (ROD) is expected to be available by early 2009.

ADDRESSES: Send written comments to Nora Rasure, Forest Supervisor, 
ATTN: TMR, 1824 S Thompson St, Flagstaff, AZ, 86001, Fax: (928) 527-
3620, E-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Jim Beard, Project Leader, 1824 S 
Thompson St, Flagstaff, AZ, 86001, (928) 527-3600. Additional 
information about this project can be found at http://www.fs.fed.us/r3/coconino/tmr.shtml.

SUPPLEMENTARY INFORMATION: On November 9, 2005, the Forest Service 
published final travel management regulations governing off-highway 
vehicles (OHV) and other motor vehicles on national forests and 
grasslands. The new regulations amended part 212, subpart B of part 
251, subpart A of part 261, and removed part 295 of title 36 of the 
Code of Federal Regulations (CFR). These three regulations are referred 
to together as the TMR (Travel Management Rule). The TMR was developed 
in response to the substantial increase in use of OHVs on National 
Forest System lands and related damage to forest resources caused by 
unmanaged OHV use over the past 30 years. The regulations implement 
Executive Order (EO) 11644 and EO 11989 regarding off-road use of motor 
vehicles on Federal lands.
    The regulations provide ``for a system of National Forest System 
(NFS) roads, NFS trails, and areas of NFS lands that are designated for 
motor vehicle use. Motor vehicle use off designated roads and trails 
and outside of designated areas is prohibited (36 CFR 212.50).'' 
Designated routes and areas shall be identified on a motor vehicle use 
map (MVUM) and made available to the public. Currently, the Coconino 
National Forest does not restricted motor vehicles to designated roads, 
trails or areas; cross-country motorized travel is generally permitted 
except in areas that are signed closed or restricted to seasonal use.
    In order to comply with the new travel management regulations, the 
forest initiated a forestwide travel analysis in 2006. The intent of 
the travel analysis process was to help the forest determine the 
minimum transportation system necessary to provide safe and efficient 
travel and for administration, utilization, and protection of NFS lands 
(36 CFR 212.5(b)). Key to this process, the forest hosted several open 
houses in northern and central Arizona during the fall of 2006 and 
attended additional meetings since then, as requested, in order to 
collect ideas regarding motorized forest travel from local citizens, 
forest users, state, county, local and tribal governments, and other 
Federal agencies. The proposed action represents a synthesis of public 
comment and Forest Service specialist recommendations gathered during 
the travel analysis process.

Purpose and Need for Action

    The purpose of this project is to designate a socially, 
economically, and environmentally sustainable forest transportation 
system that will accommodate motorized access needs on the Coconino 
National Forest. There is a need for amending Coconino Forest Plan 
direction to prohibit cross-country motorized travel and remove the 
road density direction. There is a need for reducing the number of 
roads across the forest and to close roads that conflict with resource 
protection goals outlined in the Coconino Forest plan (1987, as 
amended). There is a need to continue providing limited motorized use 
off of designated routes to existing dispersed camping sites/areas. 
This action responds to the new travel regulations at 36 CFR 212.

Proposed Action

    For the purposes of this project and notice, ``route'' is a general 
term that refers to a road or motorized trail mapped to a location on 
the ground. The term ``road'' or ``trail'' is defined as a National 
Forest System road or trail that is designated for motor vehicle use 
pursuant to 36 CFR 212.51. A ``user-created'' or ``unauthorized'' route 
is a road or motorized trail not designated for motor vehicle use 
pursuant to 36 CFR 212.51. User-created routes have generally developed 
without agency authorization, environmental analysis, or public 
involvement and do not have the same status as NFS roads or tails 
included in the forest transportation system. To meet the project's 
purpose and need, the following actions are proposed:
    Close 1,500 miles of existing open roads. In this case, close means 
it will be closed to public travel. Some of these roads will be 
retained for periodic administrative use only (maintenance Level 1) and 
others will be decommissioned (removed from the forest inventory). The 
most relevant

[[Page 40828]]

aspect of this action is closing the road to public travel. Decisions 
to obliterate decomissioned roads are outside the scope of this project 
because they require further site-specific environmental analysis and 
clearances before being undertaken;
    Add 40 miles of user-created routes to the forest transportation 
system. These routes will be managed as roads and will be open to 
public travel;
    Allow roadside parking within one vehicle length from the edge of 
the road surface;
    Prohibit motorized travel off of designated routes for the purpose 
of big game retrieval;
    Allow motor vehicles to travel 100 feet off designated routes for 
the purpose of accessing existing dispersed camping sites. User-created 
routes that access additional existing dispersed camping sites beyond 
the 100 foot limit will also be designated for motorized use. These 
routes will be shown as spur roads on the MVUM. Existing dispersed 
campsites will be displayed on a supplementary map to the MVUM and/or 
signed on the ground; and
    Amend the Coconino National Forest Plan to prohibit off-road 
driving on the entire forest, remove road density by vegetation type 
direction, and remove any references to ``off-road driving'' currently 
in the plan in order to be consistent with the language and intent in 
36 CFR 212.
    This action, in conjunction with existing motorized trails and the 
Cinder Hills OHV area, will result in approximately 3,950 miles of 
designated NFS routes and one 13,711-acre area generally open to motor 
vehicles on the Coconino National Forest. Roads within existing 
seasonal closure areas (Nordic Center, Wing Mountain, Pine Grove, 
Rattlesnake, Woods, Cottonwood Basin, Anderson Mesa/Antelope, Lower 
Lake Mary Bald Eagle closure) will continue to only be open seasonally 
to motor vehicles.

Possible Alternatives

    In addition to the Proposed Action, the No Action alternative will 
be analyzed. The Forest Service is required to analyze the ``No 
Action'' alternative under the provisions of NEPA (40 CFR 1502.14). No 
Action will consider the effects of not making any changes to forest's 
current road system and not prohibiting motorized cross-country travel. 
Additional alternatives may be developed in response to significant 
issues brought up during public scoping.

Responsible Official

    The responsible official for this project is the Coconino National 
Forest Supervisor.

Nature of Decision To Be Made

    Items in this decision include: Changes to the existing road 
system; changes to existing motorized trails and areas open to cross-
country motorized travel; the distance motor vehicles may travel off of 
specific designated routes for the purpose of dispersed camping; and 
language and content changes to the Coconino Forest Plan via a forest 
plan amendment. The decision will be based on a consideration of the 
environmental effects of implementing the proposed action or 
alternatives developed in response to significant issues. The Forest 
Supervisor may select the proposed action, an alternative analyzed in 
detail, or a modified proposed action or alternative within the 
project's range of alternatives.

Scoping Process

    Scoping is an ongoing procedure used to identify important issues 
and determine the extent of analysis necessary for an informed decision 
on a proposed action. This Notice of Intent serves as formal initiation 
of the scoping process. The Forest Service is seeking comments from 
individuals, organizations, and local, state and Federal agencies that 
may be interested in or affected by the proposed action. Comments may 
pertain to the nature and scope of the environmental, social, and 
economic issues, and possible alternatives related to the development 
of the motorized travel plan and EIS. A copy of the proposed action has 
been sent to potentially affected persons and those that have expressed 
an interest in this project during the travel analysis process. Others 
may have their names added to the project mailing list at any time by 
submitting a request to: Jim Beard, Project Leader, 1824 S Thompson 
St., Flagstaff, AZ, 86001, E-mail: [email protected].
    A series of open houses are scheduled to further explain the 
proposed action and to provide an opportunity for public input. Open 
houses are planned at the following locations and dates:

July 31, Flagstaff, AZ, Sinagua High School, 5-8 p.m.
August 1, Happy Jack, AZ, Happy Jack Lodge, 5-8 p.m.
August 2, Camp Verde, AZ, Cliff Castle Casino, 5-8 p.m.
August 4, Flagstaff, AZ, Sinagua High School, 12-5 p.m.

Preliminary Issues

    During the public collaboration phase of the travel analysis 
process, an issue was brought forward about the lack of motorized 
trails in the forest, especially after the forest prohibits cross-
country motorized travel. The Coconino National Forest can consider 
alternatives to designate additional motorized trails to the forest 
transportation system. More specific route location information will be 
required in order to fully develop and analyze this alternative. New 
routes will be assessed using both 36 CFR 212.55(b) criteria for 
motorized trails, as well as consistency with Coconino Forest Plan 
management direction.
    Other issues brought forward during the travel analysis process 
included off-road access for firewood gathering and grazing allotment 
management. As per the TMR, motor vehicle use authorized under a permit 
is exempted from the route and area designations. The necessity of 
using motor vehicles off of designated routes should be articulated in 
the permit and where necessary, would be analyzed and authorized under 
a separate NEPA decision (it is outside the scope of this project).
    Additional issues during travel analysis included off-road access 
for big game retrieval and dispersed camping. The forest is not 
proposing to allow motor vehicles off of designated routes for big game 
retrieval because our preliminary analysis found that the proposed 
transportation system will provide adequate and reasonable access to 
hunters within all game management units across the forest; 79 percent 
of the forest will remain within 0.5 miles of a designated open road. 
The proposed action includes limited use of motor vehicles off of 
designated routes for the purpose of dispersed camping and addresses 
issues related to dispersed camping access.
    An issue regarding motorized access to non-motorized areas by 
people with disabilities is addressed by existing Federal laws, 
regulations, and policies, which do not require areas that prohibit 
motor vehicle use to make exceptions because a person has a disability. 
Any wheelchair or mobility device, as defined by the American with 
Disabilities Act (ADA), may continue to be used wherever foot travel is 
permitted.

Comment Requested

    This notice of intent initiates the scoping process which will 
guide the development of the environmental impact statement.

[[Page 40829]]

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A DEIS will be prepared for comment. The comment period on the DEIS 
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 
a draft EIS 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 EIS stage but that are not raised 
until after completion of the final EIS 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 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 EIS.
    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 EIS 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. Comments submitted 
anonymously will be accepted and considered; however, those who submit 
anonymous comments will not have standing to appeal the subsequent 
decision under 36 CFR part 215. Additionally, pursuant to 7 CFR 
1.27(d), any person may request the agency to withhold a submission 
from the public record by showing how the Freedom of Information Act 
(FOIA) permits such confidentiality.
    Persons requesting such confidentiality should be aware that, under 
the FOIA, confidentiality may be granted in only very limited 
circumstances, such as to protect trade secrets. The Forest Service 
will inform the requester of the agency's decision regarding the 
request for confidentiality, and if the request is denied, the agency 
will return the submission and notify the requester that the comments 
may be resubmitted with or without name and address within a specified 
number of days.

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

    Dated: July 18, 2007.
Nora B. Rasure,
Forest Supervisor, Coconino National Forest.
[FR Doc. 07-3618 Filed 7-24-07; 8:45 am]
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