[Federal Register Volume 73, Number 41 (Friday, February 29, 2008)]
[Notices]
[Pages 11088-11091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-882]


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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. 73, No. 41 / Friday, February 29, 2008 / 
Notices  

[[Page 11088]]



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; 
Correction.

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SUMMARY: On October 10, 2007, the Federal Register published a Notice 
of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for 
the Motorized Travel Management Plan on the Apache-Sitgreaves National 
Forests (72 FR 57514-57517). On October 31, 2007, the Federal Register 
published a corrected NOI for that document (72 FR 61607). The Apache-
Sitgreaves National Forests then conducted five public meetings in 
November 2007, to present the proposed action. After careful and 
deliberate consideration of public input received during those 
meetings, the Forests Supervisor decided to modify the proposed action. 
As a result, the Forest Service is hereby entirely revising both NOI 
documents, Federal Register of October 10, 2007 (72 FR 57514-57517) and 
Federal Register of October 31, 2007 (72 FR 61607), to read as follows.
    Revision: 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 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 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 and will not change the management of or restrict non-
motorized methods of travel on the Forests.

DATES: Submit written or electronic issues and concerns related to the 
proposed action by March 14, 2008. The draft environmental impact 
statement is expected to be released in January 2009 and the final 
environmental impact statement is expected in April 2009.

ADDRESSES: Send written issues and concerns 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/(923) 339-4384.

SUPPLEMENTARY INFORMATION: 

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.
    In order to implement the proposed action, it will be necessary to 
amend some existing direction and terminology in the 1987 Apache-
Sitgreaves National Forests Land and Resource Management 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.
    The Forests' public transportation system open to motorized travel 
under this proposal would be approximately 2,961 miles. 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 public motorized use. Specifically, this proposed 
public motorized 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 public motorized transportation system is depicted in 
detail on five maps, one for each Ranger District, collectively 
referred to as the Apache-Sitgreaves National Forests Public Motorized 
Travel Management Plan Modified Proposed Action Map, is located on the 
Forests' Web Site: http://

[[Page 11089]]

www.fs.fed.us/r3/asnf/projects/travel-management.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 proposed public motorized 
transportation system routes 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 
user-created routes to connect existing NFS routes.
    Approximately 1,956 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'' (695 miles), or ``routes open only to vehicles 
50 or less in width'' (310 miles).
    This proposal would allow cross-country motorized big game 
retrieval (MBGR), up to 1 mile from a designated route, of legally 
harvested and properly tagged elk and mule deer during certain seasons, 
in certain Game Management Units, during certain times of the day. 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. This proposal would 
also allow Arizona Challenged Hunter Access/Mobility Permit (CHAMP) 
holders the ability for cross-country motorized game retrieval, up to 1 
mile from a designated route, of legally harvested and properly tagged 
elk, mule deer, and black bear. Cross-country 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. 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.
    Roadside parking within vehicle length from the shoulder of 
designated routes is proposed, unless otherwise posted on-the-ground 
and provided it is safe to do so and without causing damage to NFS 
resources or facilities. this would allow the public to access many 
traditionally used dispersed campsites adjacent to NFS roads or within 
a short walking distance of those roads.
    This proposal would allow dispersed motorized camping in designated 
dispersed campsites. Currently, the Forests have identified 
approximately 1,612 historically used dispersed camp sites. The Forests 
recognize that not all historically used day-use or dispersed camp 
sites have been identified and will continue to collaborate with the 
public to identify more sites. Motor vehicles would be allowed to 
travel the currently established route to designated areas for day-use 
parking or dispersed camping. This would allow for reasonable 
recreational use of NFS lands while reducing the potential for resource 
damage. Designated dispersed campsites would not be displayed on the 
MVUM.
    This proposal would allow dispersed motorized camping off 
designated routes, in certain areas, under certain conditions. 
Motorized dispersed camping would be allowed along designated corridor 
routes. Designated routes with designated corridor camping would be 
displayed on the proposed action maps and would be displayed on the 
MVUM. Motorized vehicles would be permitted to travel 300 feet or less 
from either side of the centerline of designated corridor routes, using 
the most direct route to and from the campsite and the adjacent 
designated route. Cross-country motorized travel within the designated 
corridors would not be allowed for purposes of searching for or 
locating a campsite or other general travel. Currently, the Forests 
have identified approximately 938 miles of designated corridors on the 
Black Mesa (702 miles), Lakeside (1 mile), Springerville (78 miles), 
and Clifton (157 miles) Ranger Districts. The Alpine Ranger District 
proposes to meet the intent of the TMR and the needs of the recreating 
public by utilizing other strategies such as roadside parking and 
designated dispersed day-use and camp sites.
    This proposal would allow cross-country motorized travel in eight 
designated Areas on the Black Mesa (6 areas) and Lakeside (2 areas) 
Ranger Districts that total approximately 5,989 acres. The intent is to 
provide expanded motorized travel opportunities in areas with multiple 
campsites, but without a defined transportation system. Designated 
cross-country travel Areas would be displayed on the MVUM and clearly 
marked on the ground.

Possible Alternatives

    The initial proposed action presented to the public during 
November, 2007, may be included and analyzed in the EIS. In addition, 
the EIS will fully describe and evaluate the no action alternative and 
a full range of alternatives identified during scoping.

Responsible Official

    The Responsible Official is the 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 (MVUM) identifying the 
roads, trails, and areas that are designed 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.

[[Page 11090]]

Public Involvement

    The Apache-Sitgreaves National Forests hosted and participated in 
approximately 26 public meetings and workshops, relating to travel 
management and the Travel Analysis Process (TAP), during 2005 to 2007, 
across the Forests and local communities. Local citizens, State, 
county, local, and tribal governments and other Federal Agencies were 
invited to collaborate with the Forests on routes they wanted to remain 
open and/or closed or those routes that may be in conflict with other 
desired conditions. This preliminary, pre-NEPA public input was 
invaluable in helping the Forests develop the initial proposed action.
    The Forests then hosted five public meetings to present to the 
public the initial proposed action; which was developed considering 
access to private lands within NFS lands boundaries, current and 
predicted future funding, and access to the Forests for public 
motorized and non-motorized recreation. After careful and deliberate 
consideration of public input received during those meetings, the 
Forests Supervisor decided to modify the initial proposed action.

 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 modified proposed action. The Forests will conduct open-house 
meetings to inform the public and interested parties on this modified 
proposal. Comments on this proposed action will be taken only in 
written format during the meetings. The meetings are scheduled at the 
following locations, dates and times:

Show Low, AZ--March 6, 2008 (Thursday), from 3 p.m. to 7 p.m. and March 
8, 2008 (Saturday), from 9 a.m. to 1 p.m., Show Low Public Library, 180 
N. 9th Street.
Springerville, AZ--March 6, 2008 (Thursday), from 4 p.m. to 7 p.m. and 
March 8, 2008 (Saturday), from 9 a.m. to 1 p.m., Forest Service 
Supervisor's Office Conference Room, 30 South Chiricahua Drive.
Clifton, AZ--March 6, 2008 (Thursday), from 3 p.m. to 7 p.m., Clifton 
Community Center, Clifton Train Depot, 100 North Coronado Blvd. (U.S. 
Highway 191).
Safford, AZ--March 8, 2008 (Saturday), from 9 a.m. to 1 p.m., Bottom 
Floor Assembly Room, Graham County General Services Building, 921 
Thatcher Blvd.
Heber, AZ--March 6, 2008 (Thursday), from 4 p.m. to 7 p.m. and March 8, 
2008 (Saturday), from 9 a.m. to 1 p.m., Mogollon High School gymnasium, 
3450 Mustang Ave.
Alpine, AZ--March 6, 2008 (Thursday), from 3 p.m. to 7 p.m. and March 
8, 2008 (Saturday), from 9 a.m. to 1 p.m., Alpine Community Center, 
42627 U.S. Highway 180.

    Based on comments received as a result of this notice and after the 
Forests have conducted public open-house meetings and afforded the 
public sufficient time to respond to the modified 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 January, 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, 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 Forests 
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 April, 2009. In the 
final EIS, the Forests are required to respond to substantive comments 
received during the draft EIS 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 
access to NFS lands for 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.
    (7) Economic impacts to local and surrounding communities.
    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 revised notice of intent continues 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.

[[Page 11091]]

    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 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: February 20, 2008.
Deryl D. Jevons,
Acting Forests Supervisor, Apache-Sitgreaves National Forests.
[FR Doc. 08-882 Filed 2-28-08; 8:45 am]
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