[Federal Register Volume 72, Number 195 (Wednesday, October 10, 2007)]
[Notices]
[Pages 57514-57517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19872]


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DEPARTMENT OF AGRICULTURE

Forest Service


Apache-Sitgreaves National Forests, Apache, Greenlee and Navajo 
Counties, AZ; Apache-Sitgreaves National Forests Public Motorized 
Travel Management Plan

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service proposes to designate which routes (roads 
and trails) and areas on federal lands administered by the Forest 
Service within the Apache-Sitgreaves National Forests (Forests) are 
open to motorized travel. In doing so, the agency will comply with the 
requirements of the

[[Page 57515]]

Forest Service 2005 Travel Management Rule. The Forest Service will 
produce a Motorized Vehicle Use Map (MVUM) that reveals those routes 
and areas on the Apache-Sitgreaves National Forests that are open to 
motorized travel. The MVUM will be the primary tool used to determine 
compliance and enforcement with motor vehicle use designations on the 
ground. Existing routes, user-created routes and areas not designated 
as open on the MVUM will be legally closed to motorized travel except 
as allowed by permit or other authorization. Cross-country motorized 
travel will be prohibited except by special permit. The decisions on 
motorized travel do not include over-snow travel or existing winter-use 
recreation.

DATES: Comments concerning the scope of the analysis must be received 
by January 11, 2008. The draft environmental impact statement is 
expected to be released in September 2008, and the final environmental 
impact statement is expected in December 2008.

ADDRESSES: Send written comments to Travel Management, Apache-
Sitgreaves National Forests, P.O. Box 640, Springerville, AZ 85938. 
Electronic comments may be sent to [email protected] with ``Travel Management'' in the subject line. 
Electronic comments must be readable in Microsoft Word (.doc), rich 
text (.rtf), Portable Document Format (pdf), text (.txt), or hypertext 
markup language (.html).

FOR FURTHER INFORMATION CONTACT: Jim Copeland, Team Leader at (928) 
333-4301/(928) 339-4384.

Purpose and Need for Action

    The purpose of this action is to improve management of motorized 
(36 CFR 212.1, Motor Vehicle) vehicle travel on National Forest System 
(NFS) lands within the Apache-Sitgreaves National Forests (Forests) in 
accordance with provisions identified in 36 CFR parts 212, 251, 261, 
and 295 Travel Management; Designated Routes and Areas for Motor 
Vehicle Use; Final Rule. Currently, wheeled motorized vehicle travel by 
the public is not prohibited off designated routes except by signed 
Forests Orders. The number of user created routes continues to grow 
each year, with many routes having environmental impacts and safety 
concerns that have not been addressed. Therefore, there is a need to 
manage the Forests' transportation system in a sustainable manner 
through designation of NFS roads, motorized NFS trails, and areas for 
motor vehicle use, and the prohibition of motorized cross-country 
travel (except by permit or special order).

Proposed Action

    The proposed action is to designate roads, trails, and areas open 
to motorized travel on lands administered by the Apache-Sitgreaves 
National Forests (Forests). Where it is appropriate and necessary, the 
designations will also specify seasons of use, type of vehicle(s) 
permitted, and types of use for those roads, trails, and areas. In 
doing so, the Forests will comply with requirements of the Forest 
Service 2005 Travel Management Rule (36 CFR part 212). As a result of 
these travel management decisions, the Forests will produce a Motorized 
Vehicle Use Map (MVUM) depicting those routes and areas on the Apache-
Sitgreaves National Forests that are open to motorized travel. The MVUM 
will be the primary tool used to determine compliance and enforcement 
with motor vehicle use designations on the ground. Existing routes, 
user-created routes and areas not designated as open on the MVUM will 
be legally closed to motorized travel except as allowed by permit or 
other authorization. Cross-country motorized travel will be prohibited 
except by special permit.
    In order to implement the proposed action, it would be necessary to 
amend some existing direction and terminology in the 1987 Apache-
Sitgreaves National Forests Plan, as amended. These changes to the 
Forests Plan direction would be enduring changes and would apply to 
this decision and all subsequent project decisions unless and until 
further modified.
    Proposed travel management-related changes to the Forests Plan are 
based on elements of the travel management rule, public meeting 
comments, District and Core Travel Management Team recommendations, and 
Forests Leadership Team decisions. The goal is to provide a 
transportation system that is within the Forests' ability to manage 
(operate and maintain) and provide a variety of users with a diverse 
experience while minimizing impacts to natural resources.
    The Forests transportation system open to motorized travel under 
this proposal would be approximately 2,892 miles. This is a change of 
approximately 56 miles from the existing condition of approximately 
2,948 open miles. In addition, hundreds of miles of currently used 
closed roads (roads identified as closed in the Forests' database) and 
user created roads not identified as open under this proposal would no 
longer be open to motorized use. New project decisions, subsequent to 
this decision could change this system without amending the Forests 
Plan.
    The proposed transportation system was developed with extensive 
public input and addresses a variety of concerns, including access to 
private lands within the National Forests boundary, funding, and access 
to the Forests for motorized and non-motorized recreation. 
Specifically, this proposed transportation system would allow for a 
balance between various recreational and commercial uses of the 
Forests. It would provide for various forms of reasonable motorized use 
on a designated system of routes in a responsible manner that addresses 
multiple resource concerns.
    The proposed transportation system is depicted in detail on the 
Apache-Sitgreaves National Forests Travel Management Plan Proposed 
Action Map located on the Forests Web Site: http://www.fs.fed.us/r3/asnf/projects/travel-mangement.shtml. In addition, maps will be 
available for viewing at:

Supervisor's Office, 30 South Chiricahua St., Springerville, AZ.
Alpine Ranger District, Junction Hwy 180 & 191, Alpine, AZ.
Black Mesa Ranger District, 2748 E. Hwy 260, Overgaard, AZ.
Clifton Ranger District, 397240 AZ 75, Duncan, AZ.
Springerville Ranger District, 165 S. Mountain Ave., Springerville, AZ.
Lakeside Ranger District, 2022 W. White Mountain Blvd., Lakeside, AZ.

    Other existing routes not shown on this map would not be open to 
public motorized travel. New routes would not be created except by 
written decision of an authorized Forest Service official. Unauthorized 
new routes would not be approved for public travel. If this proposal is 
selected for implementation, the information on this map would become 
the Motor Vehicle Use Map (MVUM) required by regulation and agency 
policy.
    Under this proposal most of the route mileage would occur on 
existing National Forest System (NFS) routes currently open to the 
public for motorized travel. This proposal also includes designation of 
some currently unauthorized routes to connect existing NFS routes.
    Approximately 8 miles of NFS roads would be designated for mixed-
use as ``roads open to all vehicles.'' NFS roads not considered for 
mixed-use would be designated as ``roads open to highway legal vehicles 
only'' (2,627 miles), or ``routes open only to vehicles 50'' or ``less 
in width'' (257 miles) .
    This proposal would allow cross-country motorized game retrieval, 
up to

[[Page 57516]]

1 mile from a designated route, of legally harvested elk and mule deer 
during certain seasons, in certain Game Management Units, during 
certain times of the day. This proposal would also allow CHAMP permit 
holders the ability for cross-country motorized game retrieval, up to 1 
mile from a designated route, of legally harvested elk, mule deer, and 
black bear. Cross-country motorized big game retrieval (MBGR) will be 
subject to other existing regulations intended to protect natural and/
or heritage resources. This includes compliance with regulations 
addressing use of vehicles off roads (36 CFR 261.15), National Forest 
Wilderness (36 CFR 261.18), and National Forest Primitive Areas (36 CFR 
261.21), as well as other applicable laws and regulations. No MBGR will 
be allowed in Wilderness or Primitive Areas. The intent of this segment 
of the proposal is to reduce spoilage and waste by providing reasonable 
access to downed animals that are difficult to move long distances 
without motorized assistance. Motorized cross-country retrieval of 
other game animals would not be allowed under this proposal because 
these animals are small enough to retrieve without motorized 
assistance. This proposal is consistent with 36 CFR 212.51(8)(b) and 
the recommendation from Arizona Game and Fish Department.
    This proposal would allow forest products gathering, such as 
firewood and pinyon nuts, following Regional Office guidelines for 
Forestry Program Activities. Motorized cross-country travel to 
facilitate the gathering of forest products will be managed by the 
Forests product permit system. The permit issued for gathering of 
forest products will specify what, if any, motorized cross-country 
travel is authorized for the purposes of gathering those products. 
Removal of lighter forest products such as plants, plant parts, dry 
cones, grasses, grass seed, pinyon seed, herbs and edibles, mistletoe 
and mushrooms, would not generally require motorized cross-country 
travel, and motorized cross-country travel would not generally be 
authorized. Tribal rights would be honored through free permits.
    This proposal would allow dispersed camping off designated routes, 
in certain areas, under certain conditions. In all cases where 
dispersed camping is allowed, motorized vehicles would be restricted to 
within 300 feet from the centerline of designated routes, using the 
most direct route to the camp site. This would allow for reasonable 
recreational use of the Forests while reducing the potential for 
resource damage. Designated routes along which dispersed camping would 
be allowed will be shown on the MVUM.
    This proposal would allow dispersed camping at designated dispersed 
campsites, in certain areas, under certain conditions. In all cases 
where camping at designated dispersed campsites is allowed, motor 
vehicles would be restricted to within 100 feet from the sign 
designating the dispersed campsite. Motor vehicles would use the most 
direct route to the campsite. This would allow for reasonable 
recreational use of the Forests while reducing the potential for 
resource damage. Designated dispersed campsites will be shown on the 
MVUM.
    Under this proposal, off-road parking would be allowed along 
designated routes under certain conditions. Primary considerations in 
designating this policy were user safety and resource protection. Draft 
Forest Service Manual direction would allow parking off designated 
routes, not to exceed a distance of one vehicle length.
    This proposal would allow cross-country motorized travel in seven 
designated Areas that total approximately 1,433 acres. This would allow 
for reasonable recreational use of the Forests while reducing the 
potential for resource damage. Designated cross-country travel Areas 
will be shown on the MVUM.

Responsible Official

    The Responsible Official is Elaine Zieroth, Forests Supervisor, 
Apache-Sitgreaves National Forests, P.O. Box 640, Springerville, AZ 
85938.

Nature of Decision To Be Made

    Based on the purpose and need for the proposed action, the Forests 
Supervisor will evaluate the Proposed Action and other alternatives in 
order to decide whether to adopt and implement the proposed action, an 
alternative to the proposed action, or take no action to make changes 
to the existing Apache-Sitgreaves National Forests transportation 
system. Once the decision is made, the Apache-Sitgreaves National 
Forests will publish a Motor Vehicle Use Map identifying the roads, 
trails, and areas that are designated for motor vehicle use. The MVUM 
shall specify the classes of vehicles and, if appropriate, the times of 
year for which use is designated.
    Federal land managers are directed (Executive Order 11644, 36 CFR 
212, and 43 CFR 8342.1) to provide for public use of routes designated 
as open, to ensure that the use of motorized vehicles and off-road 
vehicles will be controlled and directed so as to protect the resources 
of those lands under their authority, to promote the safety of users, 
and to minimize conflicts among various users of federal lands.

Public Involvement

    Preliminary public involvement was initiated in June, 2006, in an 
effort to familiarize the public and stakeholders with the objectives 
of travel management. The Apache-Sitgreaves National Forests hosted and 
participated in numerous public meetings and workshops across the 
Forests and local communities.
    The National Off-Highway Vehicle Conservation Council (NOHVCC) in 
cooperation with the Apache-Sitgreaves National Forests conducted OHV 
Route Designation Workshops November 16-19, 2006 in Show Low, AZ for 
agency personnel and the public. The purpose of these workshops was to 
assist the Forest Service and public in effective implementation of the 
USFS Travel Management Rule.
    The public was also asked to provide input to the Forests on routes 
they wanted to remain open and/or closed or those routes that may be in 
conflict with other desired conditions. Initial public involvement 
continues up to the point that this NOI is published in the Federal 
Register. To date, the Forests have received over 7,000 comments 
including numerous comments on individual routes, a large number of 
general comments, and some area-wide comments. This preliminary public 
input has been invaluable in helping the Forests develop this proposed 
action. A summary of the comments received to date is posted on the 
Forests Web Site http://www.fs.fed.us/r3/asnf/projects/travel-mangement.shtml.

Scoping Process

    Public participation will be especially important at several points 
during the analysis. The Forests will be seeking information, comments, 
and assistance from Federal, State, and other local agencies and other 
individuals or organizations that may be interested in or affected by 
the proposed action. The Forests will conduct meetings to solicit 
comments from the public and interested parties on this proposal. The 
meetings are scheduled from 5 p.m. to 8 p.m. at the following 
locations:

Lakeside, AZ--November 6, 2007 (Tuesday), Blue Ridge Junior High School 
Cafeteria, 1200 West White Mountain Blvd.
Eagar, AZ--November 7, 2007 (Wednesday), Eagar Town Hall, 22 West 2nd 
St.
Clifton, AZ--November 8, 2007 (Thursday), Clifton Community

[[Page 57517]]

Center, Clifton Train Depot, 100 North Coronado Blvd (U.S. Highway 
191).
Overgaard, AZ--November 13, 2007, (Tuesday), Rim Country Senior Center, 
2171 B Street.
Alpine, AZ--November 14, 2007, (Wednesday), Alpine Community Center, 
42661 U.S. Highway 180.

    Notices of these meetings and requests for comments will be posted 
on the Forests Web Site and will be published in local newspapers of 
record.
    Based on comments received as a result of this notice and after the 
Forests have conducted public meetings and afforded the public 
sufficient time to respond to the proposed action, the Forests will use 
the public scoping comments and resource related input from the 
interdisciplinary team and other agency resource specialists to develop 
a set of significant issues to carry forward into the environmental 
analysis process. The draft environmental impact statement (EIS) is 
expected to be filed with the Environmental Protection Agency (EPA) and 
available for public review in September, 2008. 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, the draft EIS 
will be posted on the Forests Web Site and copies 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 Apache-Sitgreaves National Forest 
participate at that time. Those who provide comments during the 
official 45-day comment period are eligible to appeal the decision 
under 36 CFR part 215. Interest expressed or comments provided on this 
project prior to or after the close of the official comment period will 
not constitute standing for appeal purposes. Comments must meet the 
requirements of 36 CFR 215.6.
    The final EIS is scheduled to be completed in January, 2009. In the 
final EIS, the Forests are 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.

Preliminary Issues

    The Forests have received some indications of potential issues from 
the initial public involvement process. Those potential issues include:
    (1) Resource damage caused by inappropriate types of vehicle use, 
(e.g. motorized vehicles in fragile or steep terrain); proliferation of 
routes (e.g. parallel trails or roads, continued traffic on closed 
roads and travel off designated routes); and continued use during 
seasonal restrictions (e.g. routes closed to protect resources during 
wet or muddy seasons).
    (2) Disturbing or harming wildlife by using routes in important or 
critical wildlife habitat areas, too many roads in wildlife habitat 
areas, and disturbances to wildlife during critical lifecycle periods.
    (3) Concerns about recreational opportunities, including loss of 
recreational opportunities if cross-country and existing routes are 
closed to motorized travel; loss of primitive or semi-primitive non-
motorized recreation opportunities if more routes or areas are opened 
to motorized travel; and how to appropriately and reasonably 
accommodate the rapidly growing number of motorized users desiring to 
use federal lands for recreational riding of OHVs.
    (4) Concerns on how the system might be designed to facilitate 
effective enforcement.
    (5) Safety concerns on routes where multiple vehicle types (e.g. 
full-sized trucks and cars, ATVs, motorcycles) are allowed at the same 
time.
    (6) Impacts to multiple use management of the Forests if routes are 
reduced.
    The Forests recognize that this list of issues is not complete and 
will be further defined and refined as scoping continues. The Forests 
intend to develop a comprehensive list of significant issues before the 
full range of alternatives is developed and the environmental analysis 
is begun.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement for the Apache-
Sitgreaves National Forests Public Wheeled Motorized Travel Management 
Plan.

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 Forests believe, 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 draft EIS comment period so that 
substantive comments and objections are made available to the Forests 
at a time when it can meaningfully consider them and respond to them in 
the final environmental impact statement.
    To assist the Forests in identifying and considering issues and 
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: October 2, 2007.
Robert S. Taylor,
Acting Forests Supervisor, Apache-Sitgreaves National Forests.
[FR Doc. E7-19872 Filed 10-9-07; 8:45 am]
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