[Federal Register Volume 72, Number 222 (Monday, November 19, 2007)]
[Notices]
[Pages 64988-64991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22571]


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DEPARTMENT OF AGRICULTURE

Forest Service


Stanislaus National Forest, CA; Notice of Intent To Prepare an 
Environmental Impact Statement for Public Wheeled Motorized Travel 
Management

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Stanislaus National Forest (STF) will prepare an 
environmental impact statement disclosing the impacts of the following 
proposed actions:
    1. Add approximately 126.2 miles of existing unauthorized routes to 
the National Forest System (NFS) of trails open to public wheeled 
motorized use.
    2. Add approximately 0.03 miles of unauthorized routes to the NFS 
of roads open to public wheeled motorized use.
    3. Convert approximately 16.3 miles of existing NFS roads to NFS 
trails open to public wheeled motorized use.

[[Page 64989]]

    4. Change approximately 11.6 miles of existing NFS roads closed to 
public wheeled motorized use to NFS roads open to public wheeled 
motorized use.
    5. Change approximately 24.5 miles of existing NFS roads open to 
public wheeled motorized use to NFS roads closed to public wheeled 
motorized use.
    6. Change approximately 73.7 miles of existing NFS roads open to 
highway legal vehicles only to NFS roads open to all public wheeled 
motorized use.
    7. Change approximately 214.2 miles of existing NFS roads open to 
all public wheeled motorized use to NFS roads open to highway legal 
vehicles only.
    8. Prohibit public motorized travel off of designated NFS roads and 
trails except where: (a) traveling up to 100 feet off of designated NFS 
roads and NFS trails for direct access to campsites, parking, 
woodcutting, or gathering forest products provided that no resource 
damage occurs and such access is not otherwise prohibited, totaling 
approximately 2,272.9 miles or, (b) allowed by permit or other 
authorization, totaling 1.0 miles.
    9. Provide for certain seasonal closures to wheeled motorized 
travel on NFS roads and trails to protect resources, totaling 
approximately 837.5 miles.

DATES: Comments on the proposed action should be submitted within 45 
days of the date of publication of this Notice of Intent. Completion of 
the draft environmental impact statement is expected in May 2008 and 
the final environmental impact statement is expected in October 2008.

ADDRESSES: Send written comments to: Stanislaus National Forest, Attn: 
Motorized Travel; 19777 Greenley Road; Sonora, CA 95370. Electronic 
comments, in acceptable plain text (.txt), rich text (.rtf), or Word 
(.doc) formats, may be submitted to [email protected] with Subject: Motorized Travel.

FOR FURTHER INFORMATION CONTACT: Sue Warren, Stanislaus National 
Forest, 19777 Greenley Road; Sonora, CA 95370; phone: (209) 532-3671 
ext. 321; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

General Background

    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. Nationally, the 
number of OHV users has climbed sevenfold in the past 30 years, from 
approximately 5 million in 1972 to 36 million in 2000. The ten states 
with the largest populations also have the most OHV use. California has 
4.5 million OHV recreationists, accounting for almost 11% of the U.S. 
total (Off-Highway Vehicle Recreation in the United States, Regions, 
and States: A National Report from the National Survey on Recreation 
and the Environment (NSRE); Cordell, Betz, and Owens, June 2005). There 
were 786,914 ATVs and OHV motorcycles registered in 2004, up 330% since 
1980. Annual sales of ATVs and OHV motorcycles in California were the 
highest in the U.S. for the last 5 years. Four-wheel drive vehicle 
sales had also increased by 1500% to 3,046,866 from 1989 to 2002 in 
California.
    On August 11, 2003, the Pacific Southwest Region of the Forest 
Service entered into a Memorandum of Intent (MOI) with the California 
Off-Highway Motor Vehicle Recreation Commission and the Off-Highway 
Motor Vehicle Recreation Division of the California Department of Parks 
and Recreation. That MOI set in motion a region-wide effort to 
``designate OHV roads, trails, and any specifically defined open areas 
for motorized wheeled vehicles on maps of the 19 National Forests in 
California by 2007.'' On November 9, 2005, the Forest Service published 
final travel management regulations in the Federal Register (FR Vol. 
70, No. 216-Nov. 9, 2005, pp 68264-68291). This final Travel Management 
Rule requires designation of those roads, trails, and areas that are 
open to motor vehicle use on National Forests. 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 use of motor vehicles on routes and in areas that are 
not designated.
    Unmanaged Off-Highway Vehicle (OHV) use has resulted in unplanned 
roads and trails; erosion, watershed and habitat degradation; and 
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. Unmanaged 
recreation, including impacts from OHVs, is one of ``Four Key Threats 
Facing the Nation's Forests and Grasslands.'' (USDA Forest Service, 
June 2004).

Forest Background

    In accordance with the MOI, the STF completed an inventory of 
motorized use on NFS lands in 2005 and identified approximately 270 
miles of unauthorized routes. The STF then used an interdisciplinary 
process to conduct travel analysis that included working with the 
public to determine whether any of the inventoried motorized routes 
should be proposed for addition to the STF transportation system. Roads 
and trails that are currently part of the STF transportation system and 
are open to wheeled motorized vehicle travel will be designated for 
such use as described below under the Proposed Action. The proposed 
action focuses only on the prohibition of wheeled motorized vehicle 
travel off designated routes and needed changes to the STF 
transportation system, including the addition of unauthorized routes to 
the STF transportation system and changes to existing motor vehicle 
restrictions.
    The proposed action is being carried forward in accordance with the 
Travel Management Rule (36 CFR Part 212). Following a decision on this 
proposal, the STF will publish a Motor Vehicle Use Map (MVUM) 
identifying all STF roads and trails 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.

Purpose and Need for Action

    Recent travel analysis identified a need to make changes to the NFS 
of roads and motorized trails. These needs include:
    1. There is a need for regulation of unmanaged wheeled motorized 
vehicle travel by the public. Currently, wheeled motorized vehicle 
travel by the public is not prohibited off designated routes. As a 
result, motorized vehicle users have created numerous unauthorized 
routes. The number of such routes continues to grow each year with 
unaddressed environmental impacts and safety concerns. 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.
    2. There is a need for limited changes to the National Forest 
Transportation System to:
    2.1 Provide a diversity of wheeled motorized recreation 
opportunities (4WD, motorcycles, ATVs, passenger vehicles, etc.).
    2.2 Provide wheeled motorized access to dispersed recreation 
opportunities such as camping, hunting, fishing, hiking, horseback 
riding, etc.
    2.3 Protect FS administrative sites and protect hydropower 
facilities.
    It is Forest Service policy to provide a diversity of road and 
trail opportunities for experiencing a variety

[[Page 64990]]

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 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. Honor valid existing rights of use and access (rights-of-way).

Proposed Action

    Based on the stated purpose and need for action, and as a result of 
the travel analysis process, the STF proposes to change the use of 324 
miles of NFS roads and add approximately 142.5 miles to its NFS 
motorized trails. These changes would adjust the total NFS roads to 
approximately 3,415 miles and the total NFS motorized trails to 186.2 
miles. The proposed action includes the following items:
    1. Add approximately 126.2 miles of existing unauthorized routes to 
the National Forest System (NFS) of trails open to public wheeled 
motorized use.
    2. Add approximately 0.03 miles of unauthorized routes to the NFS 
of roads open to public wheeled motorized use.
    3. Convert approximately 16.3 miles of existing NFS roads to NFS 
trails open to public wheeled motorized use.
    4. Change approximately 11.6 miles of existing NFS roads closed to 
public wheeled motorized use to NFS roads open to public wheeled 
motorized use.
    5. Change approximately 24.5 miles of existing NFS roads open to 
public wheeled motorized use to NFS roads closed to public wheeled 
motorized use.
    6. Change approximately 73.7 miles of existing NFS roads open to 
highway legal vehicles only to NFS roads open to all public wheeled 
motorized use.
    7. Change approximately 214.2 miles of existing NFS roads open to 
all public wheeled motorized use to NFS roads open to highway legal 
vehicles only.
    8. Prohibit public motorized travel off of designated NFS roads and 
trails except where: (a) Traveling up to 100 feet off of designated NFS 
roads and NFS trails for direct access to campsites, parking, 
woodcutting, or gathering forest products provided that no resource 
damage occurs and such access is not otherwise prohibited, totaling 
approximately 2,272.9 miles or, (b) allowed by permit or other 
authorization, totaling 1.0 miles.
    9. Provide for certain seasonal closures to wheeled motorized 
travel on NFS roads and trails to protect resources, totaling 
approximately 837.5 miles.
    Maps and tables describing in detail both the STF transportation 
system and the proposed action can be found at http://www.fs.fed.us/r5/stanislaus/projects/ohv. In addition, maps and tables will be available 
for viewing at: Stanislaus National Forest, 19777 Greenley Road, 
Sonora, CA 95370; Calaveras Ranger District, PO Box 500 (Highway 4), 
Hathaway Pines, CA 95233; Groveland Ranger District, 24545 Highway 120, 
Groveland, CA 95321; Mi-Wok Ranger District, PO Box 100 (24695 Highway 
108), Mi-Wuk Village, CA 95346, and Summit Ranger District, 1 
Pinecrest Lake Road, Pinecrest, CA 95364.

Responsible Official

    Tom Quinn, Forest Supervisor, Stanislaus National Forest, 
Supervisor's Office, 19777 Greenley Road, Sonora, CA 95370.

Nature of Decision To Be Made

    The project area is forestwide (outside of Wilderness and other 
non-motorized areas). The responsible official will 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 Stanislaus 
National Forest Transportation System and prohibit cross country 
wheeled motorized vehicle travel by the public off the designated 
system. Previous NEPA decisions that addressed motorized use of NFS 
roads and trails on three areas on the Forest: The Summit Ranger 
District, the Interface Trails, and the Granite Watershed Enhancement 
Project on Groveland, are not being reconsidered at this time.
    Once the decision is made, the Stanislaus National Forest will 
publish a Motor Vehicle Use Map (MVUM) 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.

Scoping Process

    Public participation is important at numerous points during the 
analysis. The Forest Service seeks information, comments, and 
assistance from the federal, state, and local agencies and individuals 
or organizations that may be interested in or affected by the proposed 
action.
    Comments on the proposed action should be submitted within 60 days 
of the date of publication of this Notice of Intent. The draft EIS is 
expected to be filed with the Environmental Protection Agency (EPA) and 
to be available for public review by approximately May 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, 
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 Stanislaus National Forest participate at that time.
    The final EIS is scheduled to be completed in October 2008. In the 
final EIS, the Forest Service is 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. 
Substantive comments are defined as ``comments within the scope of the 
proposed action, specific to the proposed action, and have a direct 
relationship to the proposed action, and include supporting reasons for 
the responsible official to consider'' (36 CFR 215.2). Only those who 
submit comment during the comment period on the draft EIS are eligible 
to appeal the subsequent decision under the 36 CFR part 215 
regulations.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the environmental impact statement. A draft EIS will 
be prepared for comment. The comment period on the draft EIS will be 45 
days from the date the Environmental Protection Agency publishes the 
notice of availability in the Federal Register.

[[Page 64991]]

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    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 
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 environmental impact 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: November 13, 2007.
Tom Quinn,
Forest Supervisor.
 [FR Doc. E7-22571 Filed 11-16-07; 8:45 am]
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