[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Notices]
[Pages 63551-63554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22030]


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DEPARTMENT OF AGRICULTURE

Forest Service


Vernal Ranger District Travel Management Plan, Ashley National 
Forest; Uintah, Duchesne, and Daggett Counties, UT

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 (EIS) to disclose the effects of designating National Forest 
System (NFS) roads and trails available for public motorized use on the 
Vernal Ranger District within the Ashley National Forest. The decision 
will be to determine whether to include routes that are not currently 
NFS roads or trails open for public motorized use, establish a season 
of use and/or type of vehicle use for roads and trails, the prohibition 
of wheeled motorized vehicle travel off designated NFS roads and trails 
by the public (except as allowed by permit or other authorization), and 
change dispersed vehicle camping designations from allowing travel up 
to 300 feet off road to 150 feet off road. A National Environmental 
Policy Act (NEPA) decision is not required to designate roads and 
trails for public motorized uses that are currently part of the 
National Forest System of roads and trails.
    Once a decision is made, a Motor Vehicle Use Map (MVUM) will be 
prepared, in compliance with the 2005 Forest Service Travel Management 
Rule (36 CFR part 212). The MVUM will show all the routes that are 
designated for public motorized use on the Vernal Ranger District. The 
MVUM will be the primary tool used to determine compliance and 
enforcement with motorized vehicle use designations on the forest. 
Those existing routes and other non-system routes not designated open 
on the MVUM will be legally closed to motorized travel. The decisions 
on motorized travel will not include motorized over-the-snow travel.

DATES: The comment period on the proposed action will extend 45 days 
from the date the Notice of Intent is published in the Federal 
Register. The draft environmental impact statement is expected July 
2009 and the final environmental impact statement is expected November 
2009.

ADDRESSES: Send written comments to Kris Rutledge, Travel Management 
Team Coordinator, Ashley National Forest 355 N Vernal Ave., Vernal, UT 
84078 or call (435) 781-5196.
    Electronic comments may be e-mailed to [email protected], contain ``Vernal Ranger District Travel Management 
Plan'' in the subject line, and must be submitted in MS Word (*.doc) or 
rich text format (*.rtf).

FOR FURTHER INFORMATION CONTACT: Kris Rutledge, Project Coordinator, at 
the Ashley National Forest 355 N. Vernal Ave., Vernal, UT, by phone 
(435) 781-5196, or e-mail [email protected].

SUPPLEMENTARY INFORMATION: There will be a concurrent NOI and scoping 
for the Roosevelt/Duchesne and Flaming Gorge Ranger Districts Travel 
Management Plan. The Roosevelt/Duchesne and Flaming Gorge Ranger 
Districts are also located within the Ashley National Forest. However, 
because of differences in travel management within the Vernal Ranger 
District that currently allow motorized use on existing, non-designated 
routes in certain areas, and the large number of user-created routes on 
the District, it is anticipated that the assessment for the EIS will 
take longer than for the Roosevelt/Duchesne and Flaming Gorge Ranger 
Districts. Therefore, the analysis will be completed seperately and at 
a later date. Cummulative effects will be analyzed for both EISs.

Purpose and Need for Action

    The Ashley National Forest has determined that there is a need to 
improve management and enforcement of off-highway vehicle travel policy 
on the Forest. This need includes three fundamental management 
considerations.
    1. The need to better accommodate current motorized use and to 
address future growth. There has been rapid growth in OHV use that was 
not anticipated when the 1982 Ashley National Forest Plan was written. 
Over the past few decades, the availability and capability of motorized 
vehicles, particularly off-highway vehicles (OHVs) and sport utility 
vehicles (SUVs) has increased tremendously. Utah is experiencing a high 
level of OHV use (196 % increase in eight years), with an even greater 
increase in use in the Uintah Basin (360% increase in eight years).
    2. The need to have a travel plans that is simple to understand and 
implement, and consistent with other Forests and land management 
agencies. The model used for the existing travel plan relies on ``open 
unless signed or mapped closed'' designations that are complicated to 
interpret and, as a result, are difficult to enforce. The lack of 
simple and consistent travel policies among other Forests and land 
management agencies is confusing for the public; inhibits cooperative 
law enforcement; and has resulted in unplanned roads and trails, 
erosion, watershed and habitat degradation, and detrimental impacts to 
cultural resource sites. Compaction and erosion are the primary effects 
of OHV use on soils. Riparian areas and aquatic dependent species are 
particularly vulnerable to OHV use. The Travel Management Rule, 36 CFR 
part 212, provides policy for ending this trend of unauthorized route 
proliferation and managing the Forest transportation system in a 
sustainable manner through designation of motorized NFS roads, trails, 
and areas, and the prohibition of cross-country travel.
    3. The need for changes to the existing transportation system. This 
will help provide wheeled, motorized access to dispersed recreation 
opportunities (camping, hunting, fishing, hiking, horseback riding, 
etc.); provide a diversity of wheeled motorized recreation 
opportunities (4X4 vehicles, motorcycles, ATVs, passenger vehicles, 
etc.); and reduce the potential for OHV conflicts and impacts to other 
resource uses and values.
    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)). In meeting these needs, the

[[Page 63552]]

proposed action must also achieve the following purposes:
    A. Avoid impacts to cultural resources.
    B. Provide for public safety.
    C. Provide for a diversity of recreational opportunities.
    D. Assure adequate access to public and private lands.
    E. Provide for adequate maintenance and administration of 
designations based on availability of resources and funding to do so.
    F. Minimize damage to soil, vegetation and other forest resources.
    G. Avoid harassment of wildlife and significant disruption of 
wildlife habitat.
    H. Minimize conflicts between wheeled motor vehicles and existing 
or proposed recreational uses of NFS lands.
    I. Minimize conflicts among different classes of wheeled motor 
vehicle uses of NFS lands or neighboring federal lands.
    J. Assure compatibility of wheeled motor vehicle use with existing 
conditions in populated areas, taking into account sound, emissions, 
etc.
    K. Assure compatibility of motorized vehicle use within Inventoried 
Roadless Areas according to 3CFR294.12a.
    L. Have valid existing rights of use and access (rights-of-way).
    M. Provide consistency of use on roads that cross jurisdictional 
boundaries.
    N. Include consideration for compatibility with existing Potential 
for Wilderness Evaluation studies.

Proposed Action

    The proposed action has been developed by tentatively designating a 
motorized travel plan that moves towards desired conditions identified 
in the pre-project assessment. The proposed travel plan was compared to 
the existing travel plan to identify changes from current conditions. 
The proposed action includes addition of non-system routes, closure of 
system routes, and identification of current system routes where a 
change in use or route classification is needed to create the desired 
travel plan.
    The designations will set specific seasons of use, where 
appropriate, and specify the type of use (e.g., street legal vehicle, 
OHVs, 4-wheel drive) for roads and trails. The Forest Service will 
produce a Motor Vehicle Use Map (MVUM) depicting those routes that are 
open to the general public for wheeled motorized use. The final 
implementation of the MVUM will include consideration of any conflicts 
with special use permits, easements, or rights of use that may have 
been unknown or not identified at the time of the proposed action.
    A consequence of designating routes open for public motorized 
travel is that existing routes not designated as open would not be 
available for public motorized travel.

1. Changes in Mileage to the National Forest Transportation System

    The Vernal Ranger District currently manages and maintains 
approximately 430 miles of NFS roads and 89 miles of NFS motorized 
trails. Based on the stated purpose and need for action, the Vernal 
Ranger District proposes to add approximately 8.96 miles of existing 
non-system routes to the road system and 28.70 miles to the motorized 
trails system. The District also proposes to restrict motorized travel 
on 4.96 miles of NFS roads and 27.46 miles of NFS motorized trails. 
These changes would bring the total NFS roads on the Vernal Ranger 
District to approximately 434 miles and the miles of the NFS motorized 
trails to 90.24.

2. Allowing Non-Street Legal Vehicles (Ohvs) Access to NFS Roads 
Currently Open to Street Legal Vehicles Only

    The Ashley National Forest maintenance level 3, 4, and 5 roads are 
subject to State traffic laws (36 CFR 212.5(a)(1)). Level 5 roads are 
open to highway legal vehicles only and are shown on the current travel 
maps as Highway and Improved Paved Roads. Maintenance level 3 and 4 
roads are suitable for passenger cars and are shown on the current 
travel maps as Improved Roads that are gravel or native dirt. 
Maintenance level 2 roads include 4-wheel drive vehicles and are not 
suitable for passenger cars. These roads are shown on the current 
travel maps as Unimproved Roads. Both improved gravel or dirt and 
unimproved roads may be managed for street legal vehicles only, or a 
mix of street legal and non-street legal vehicles (OHVs). This is 
referred to as ``mixed traffic''.
    The Vernal Ranger District proposes to add mixed traffic use to 
61.19 miles of road that are currently designated for street legal 
vehicles only. The Vernal Ranger District proposes to change 6.90 miles 
of road currently designated as mixed traffic use to allow only street 
legal vehicle use. In addition, the Vernal Ranger District proposes to 
complete other changes in vehicle types of use on 3.51 miles of road or 
trail.

3. Allowing Motorized Access to NFS Roads That Are Currently Closed

    The Vernal Ranger District is proposing to open 23.9 miles of NFS 
roads that are currently closed to public motorized access.

4. Change the Allowable Distance for Motorized Dispersed Camping Off a 
Designated Road or Motorized Trail From 300 to 150 Feet

    The current travel plan allows motorized dispersed camping up to 
300 feet from a designated motorized route. In order to establish 
consistency with other National Forests in Utah, the allowable area for 
motorized dispersed camping will be reduced to 150 feet from a 
designated motorized route.
    The Ashley National Forest recognizes its unique niche for 
dispersed camping and plans to continue to offer a multitude of 
dispersed camping opportunities where appropriate. With this in mind, 
the Vernal Ranger District has closely examined routes that provide 
this opportunity. Some of these routes have been included in the 
proposals outlined in Item 1 above.
    In addition, the Vernal Ranger District has been inventorying the 
existing numerous short routes that are appropriately used for 
dispersed camping, but are further than 150 feet from a designated 
motorized route. Those routes meeting an initial review are shown as 
``Potential Dispersed Camping Routes under Consideration'' on the 
proposed action map. A determination of type of vehicle class for these 
routes will also be required. It is anticipated that most routes will 
be designated as mixed traffic use roads or motorized trails greater 
than 50 inches.
    There are 23.82 miles of Potential Dispersed Camping Routes under 
Consideration being proposed by the Vernal Ranger District.

    Note: Maps describing the existing transportation system and 
maps and tables describing the proposed action can found at http://www.fs.fed.us/r4/ashley/projects/travel_management. In addition, 
the maps and tables will be available for viewing at: Supervisor's 
Office, 355 N. Vernal Ave., Vernal, UT 84078.

No Action Alternative

    The No Action Alternative would be to designate all of the 
motorized system roads and trails as identified in the existing travel 
management plans for Vernal Ranger Districts, and would not address 
existing routes that are identified as unauthorized (i.e. non-system) 
routes by the Forest Service. Those existing routes not designated as 
open would not be available for public motorized travel. The 
opportunity to motorize disperse camp up to 300 feet from a designated 
motorized route would continue to be available.

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Possible Alternatives

    The Forest is expecting that the public input will generate either 
thematic concerns or route-specific issues that may be addressed by 
modifying the proposed action to create a new alternative or 
alternatives.
    Decommissioning or obliterating of routes, which may involve 
ground-disturbing activities, would be a part of the Proposed Action or 
alternatives. The environmental consequences of having routes closed to 
motorized travel will be evaluated in this environmental analysis. 
Identification of new routes that would meet the goals and objectives 
for a motorized transportation system on NFS lands will be, as 
appropriate, a part of this travel management planning.

Responsible Official

    The Responsible Official is Kevin Elliott, Forest Supervisor, 
Ashley National Forest, 355 N. Vernal Ave., Vernal, UT 84078.

Nature of Decision To Be Made

    Based on the purpose and need for the proposed action, the Forest 
Supervisor will evaluate the Proposed Action and other alternatives in 
order to make the following decisions for the specific National Forest 
System lands:
    1. Designating or eliminating unclassified travel ways;
    2. Determine the allowed season and/or type of use for those routes 
open to motorized travel; and
    3. Determine if any changes in the extent and nature of motorized 
dispersed camping are warranted.
    Travel management direction for routes that will not have a change 
in travel management direction will be shown on the MVUM (pursuant to 
36 CFR Part 212). Routes, for which travel management direction is 
being changed, will be analyzed in the EIS for the Vernal Ranger 
District Travel Management Plan.

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, tribal, local 
agencies, and other individuals or organizations that may be interested 
in or affected by the proposed action. A series of public opportunities 
are scheduled to explain the proposed travel plan and route designation 
process and to provide an opportunity for public input. Dates for these 
scoping meetings will be posted on the Ashley National Forest web page 
at http://www.fs.fed.us/r4/ashley/projects/travelmanagement and in 
local newspapers prior to the meetings.
    The Forest Service will consider all public scoping comments and 
concerns that have been submitted, as well as resource related input 
from the interdisciplinary team and other agency resource specialists. 
This input will be used to identify issues to consider in the 
environmental analysis. A comprehensive list of issues will be 
determined before the full range of alternatives is developed and the 
environmental analysis is begun.
    The Notice of Intent is expected to be published in the Federal 
Register. The comment period on the proposed action will extend 45 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 February 2009. 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 
Ashley National Forest participate at that time.
    The final EIS is scheduled to be completed May 2009. In the final 
EIS, the Forest Service is required to respond to 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

    Important goals for the project are to create a motorized travel 
plan that is simple to understand, consistent with other public land 
management agencies in Utah, and is enforceable. Protections for 
threatened and endangered animal and plant habitats, cultural 
resources, roadless considerations, and the need to maintain motorized 
and non-motorized recreational opportunities have also directed the 
development and design of the proposed action.

Comment Requested

    This notice of intent initiates the scoping process that guides the 
development of the environmental impact statement.

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). In addition, 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 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 environmental impact statement.
    To assist the Forest Service 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, is part of the public record on this proposal, and will be 
available for public inspection.


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

    Dated: November 2, 2007.
Kevin B. Elliott,
Forest Supervisor.
[FR Doc. E7-22030 Filed 11-8-07; 8:45 am]
BILLING CODE 3410-11-P