[Federal Register Volume 73, Number 92 (Monday, May 12, 2008)]
[Notices]
[Pages 26955-26958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10235]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 73, No. 92 / Monday, May 12, 2008 / Notices  

[[Page 26955]]



DEPARTMENT OF AGRICULTURE

Forest Service


Modoc National Forest, California, Modoc National Forest Public 
Wheeled Motorized Travel Management EIS

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to prepare an Environmental Impact Statement.

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SUMMARY: The Modoc National Forest (Modoc NF) will prepare an 
Environmental Impact Statement to disclose the impacts associated with 
the following proposed actions:
    1. The prohibition of cross-country motorized vehicle travel (with 
the exception of snowmobiles) off designated NFS roads, NFS trails and 
areas by the public except as allowed by permit or other authorization.
    2. Add approximately 339 miles of 1170 existing unauthorized routes 
to the current system of National Forest System (NFS) roads and 
motorized trails open to the public for wheeled motorized vehicle use 
by vehicle class, including seasonal closures on approximately 20 miles 
of 74 of the added routes.
    3. Make the following changes to existing NFS roads:
    a. Prohibit use seasonally on approximately 313 miles of 214 
existing NFS roads.
    b. Allow non-highway legal vehicle use on approximately 147 miles 
of existing NFS roads where such use is currently prohibited.
    c. Close NFS road 46B29HB (road along Boles Creek between Clear 
Lake and Steel Swamp) to public use.
    4. Amend the Modoc NF Land and Resource Management Plan (Modoc 
LRMP) for areas not covered under the Sierra Nevada Forest Plan 
Amendment by removing the objective ``Keep over 87% of the Forest open 
to OHVs (Modoc LRMP p. 4-11)'' and numerous standards and guidelines in 
the LRMP regarding keeping areas open for OHV use and include as a 
forest-wide standard ``Prohibit wheeled vehicle travel off designated 
roads and trails except for administrative use or uses under permitted 
activities''.

DATES: The comment period on the proposed action will extend 30 days 
from the date the Notice of Intent is published in the Federal 
Register.
    The Draft Environmental Impact Statement (DEIS) is estimated to be 
completed by September 30, 2008 and the Final Environmental Impact 
Statement (FEIS) is estimated to be completed by December 31, 2008.

ADDRESSES: Send written comments to: Travel Management Team, Modoc 
National Forest, 800 W 12 Street, Alturas, CA 96101. Electronic 
comments, in acceptable plain text (.txt), rich text (.rft), or Word 
(.doc) may be submitted to [email protected].

FOR FURTHER INFORMATION CONTACT: Kathleen Borovac, Modoc National 
Forest, 800 W 12th Street, Alturas, CA 96101. Phone: (530) 233-8754. E-
mail: [email protected]

SUPPLEMENTARY INFORMATION:

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 population also have the most OHV users. California 
has 4.35 million OHV users 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, Green 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 in California also increased by 1500% to 3,046,866 from 1989 to 
2002.
    Unmanaged 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.)
    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.
    On some NFS lands, long managed as open to cross-country motor 
vehicle travel, repeated use has resulted in unplanned, unauthorized, 
roads and trails. These routes generally developed without 
environmental analysis or public involvement, and do not have the same 
status as NFS roads and NFS trails included in the forest 
transportation system. Nevertheless, some unauthorized routes are well-
sited, provide excellent opportunities for outdoor recreation by 
motorized and non-motorized users, and would enhance the National 
Forest system of designated roads, trails and areas. Other unauthorized 
routes are poorly located and cause unacceptable impacts. Only NFS 
roads and NFS trails can be designated for wheeled motorized vehicle 
use. In order for an unauthorized route to be designated, it

[[Page 26956]]

must first be added to the forest transportation system.
    In accordance with the MOI, the Modoc NF recently completed an 
inventory of unauthorized routes on NFS lands and identified 
approximately 535 miles of 1,806 unauthorized routes. The Modoc NF then 
used an interdisciplinary process to conduct travel analysis that 
included working with the public to determine whether any of the 
unauthorized routes should be proposed for addition to the Modoc NF 
transportation system. Roads and trails that are currently part of the 
Modoc NF transportation system and are open to wheeled motorized 
vehicle travel will remain designated for such use except as described 
below under Proposed Action. This proposal focuses only on the 
prohibition of wheeled motorized vehicle travel off designated routes 
and needed changes to the Modoc NF transportation system, including the 
addition of some unauthorized routes to the Modoc NF transportation 
system and minor changes to existing motor vehicle restrictions. Based 
on public comments and interdisciplinary review of the 1,806 or 535 
miles of unauthorized routes, Modoc NF is proposing to add 1,170 
unauthorized routes or 339 miles to the transportation system. The 
proposed action is being carried forward in accordance with the Travel 
Management Rule (36 CFR Part 212).
    In accordance with the Rule, following a decision on this proposal, 
the Modoc National Forest will publish a Motor Vehicle Use Map (MVUM) 
identifying all Modoc NF 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. 
Unauthorized routes not included in this proposal may be considered for 
addition to the National Forest transportation system and inclusion in 
a MVUM at a future date. Future decisions associated with changes to 
the MVUM may trigger the need for documentation of environmental 
analysis.

Purpose and Need for Action

    The following needs have been identified for this proposal:
    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. In their 
enjoyment of the National Forest, motorized vehicle users have created 
numerous unauthorized routes. The number of such routes continues to 
grow each year with many routes having environmental impacts and safety 
concerns that have not been addressed. The Travel Management Rule, 36 
CFR Part 212, provides policy for ending this trend of unauthorized 
route development 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 and additions to the Modoc 
NF transportation system to:
    2.1. Provide wheeled motorized access to dispersed recreation 
opportunities (camping, hunting, fishing, hiking, horseback riding, 
etc.). Some known dispersed recreation use is not located directly 
adjacent to an existing NFS road. Rather, they are accessed mostly by 
short spur routes that have been created and maintained primarily by 
the passage of motorized vehicles. Such 'user-created' routes are not 
currently part of the National Forest Transportation System (NFTS). 
Without changes to the system and its management, the regulatory 
changes noted above would make continued use of such routes illegal.
    2.2. Provide a diversity of wheeled motorized recreation 
opportunities (4X4 vehicles, motorcyles, ATVs, passenger vehicles, 
etc.). 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)). Without additions to the NFTS, 
implementation of the Travel Management Rule will severely limit 
motorized recreation opportunities relative to current levels.
    3. There is a need for protection of heritage resources in the area 
along road 46B29HB (road along Boles Creek between Clear Lake and Steel 
Swamp) due to documented cases of vandalism of heritage resources 
within this area.
    4. There is a need for consistency between the 2005 Travel 
Management Rule and the Modoc NF Land and Resource Management Plan 
(Modoc LRMP). In 2004, the portion of the Modoc LRMP covered under the 
Sierra Nevada Forest Plan Amendment (SNFPA) was amended to include 
Standard and Guideline 69 (SNFPA ROD, pg. 59). Standard and 
Guideline 69 is consistent with the 2005 Travel Management 
Rule because it prohibits ``wheeled vehicle travel off of designated 
routes, trails and limited off highway vehicle (OHV) areas.'' The 
remainder of the Modoc NF, which is not covered by the SNFPA, includes 
the objective ``Keep over 87% of the Forest open to OHVs (Modoc LRMP p. 
4-11)'' and numerous other standards and guidelines in the LRMP 
regarding keeping areas open for OHV use. These remaining Modoc LRMP 
standards and guidelines are not consistent with the 2005 Travel 
Management Rule, which prohibits motorized vehicle use except on 
designated NFS roads, NFS motorized trails and areas.
    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 proposed action should 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. 
Currently the Forest has a maintenance backlog for roads of 
approximately $128,053,267. Future road and trail budgets may decrease 
from current levels.
    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. Maintain valid existing rights of use and access (rights-of-
way).
    L. Constrain the proposal to that which is within the capability of 
the Forest to analyze given: 1. The national schedule for regions to 
publish their Forest Motor Vehicle Use Maps. For the Modoc National 
Forest the publication deadline is approximately March 2009. 2. 
Available funding (road and trail management budgets). 3. Available 
resources (resource data and staff time).

Proposed Action

    1. The prohibition of cross-country wheeled motorized vehicle 
travel off designated NFS roads, NFS trails and areas by the public 
except as allowed by permit or other authorization.

[[Page 26957]]

    2. Motorized Road Additions: The Modoc NF currently manages and 
maintains approximately 4,973 miles of NFS roads and 1.76 miles of NFS 
motorized trails. Based on the stated purpose and need for action, and 
as a result of the recent travel analysis process which included public 
input and an interdiscipinary evaluation of each road, the Modoc NF 
proposes to add 1170 existing unauthorized routes to its NFS roads. 
These additions equal approximately 339 miles and would raise the total 
NFS roads to approximately 5,312 miles. Maps and tables describing in 
detail both the Modoc NF transportation system and the proposed action 
can be found at http://www.fs.fed.us/r5/modoc. Approximately 20 miles 
or 74 of the added routes will have seasonal restrictions.
    3. Make the following changes to existing NFS roads:
    a. Add seasonal restrictions to approximately 313 miles of 214 
existing NFS roads.
    b. Allow non-street legal vehicle access on approximately 147 miles 
of existing NFS roads where such use is currently prohibited: Motor 
vehicle operation on National Forest System roads is subject to both 
federal and state laws and regulations. National Forest System (NFS) 
roads maintained by the Modoc NF, for travel by a prudent driver in a 
standard passenger car, are subject to the federal Highway Safety Act 
and are considered highways for purposes of the California Vehicle Code 
(CVC) Division 16.5. These roads are currently open to highway legal 
vehicles only.
    c. Close NFS road 46B29HB (road along Boles Creek between Clear 
Lake and Steel Swamp) to public use.
    4. Amend the Modoc NF Land and Resource Management Plan for areas 
not covered under the Sierra Nevada Forest Plan Amendment by removing 
the objective ``Keep over 87% of the Forest open to OHVs (Modoc LRMP p. 
4-11)'' and numerous standards and guidelines in the LRMP regarding 
keeping areas open for OHV use. The list of standards and guidelines to 
be amended can be found on our website as stated below. Include as a 
forest-wide standard ``Prohibit wheeled vehicle travel off designated 
roads and trails except for administrative use or uses under permitted 
activities''.
    Maps and tables describing in detail both the Modoc NF 
transportation system and the proposed action can found at http://www.fs.fed.us/r5/modoc. In addition, maps will be available for viewing 
at:
    1. Modoc National Forest, 800 W 12th Street, Alturas, CA 96101.
    2. Warner Mountain Ranger District, 385 Wallace Street, Cedarville, 
CA 96104.
    3. Doublehead Ranger District, 49870 Hwy 139, Tulelake, CA 96134.
    4. Big Valley Ranger District, 508 Main Street, Adin, CA 96006.

Responsible Official

    Stanley G. Sylva, Forest Supervisor, Modoc National Forest, 800 W 
12th Street, Alturas, CA 96101.

Nature of Decision To Be Made

    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 Modoc National Forest 
Transportation System; prohibit cross country wheeled motorized vehicle 
travel by the public off the designated system; and amend the Modoc 
LRMP, as described above. Once the decision is made, the Modoc National 
Forest will publish a Motor Vehicle Use Map (MVUM) identifying the 
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. Future decisions associated with 
changes to the MVUM may trigger the need for documentation of 
environmental analysis.

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 federal, state, and local agencies and 
other individuals or organizations who may be interested in or affected 
by the proposed action.
    The Modoc National Forest met with local elected officials, Tribes, 
federal advisory groups, and community groups, including service and 
professional organizations, to discuss the Travel Management Rule and 
travel management on the Forest. In November 2007, public open houses 
were held in Cedarville, CA; Alturas, CA; Adin, CA; and Tulelake, CA to 
gather information about which routes the public uses and to identify 
routes missed in the inventory of unauthorized routes. Additionally, 
maps of inventoried routes were available on the Forest's Web site and 
Forest Service offices. The public used these maps to provide input 
into the process.
    The Notice of Intent is expected to be published in the Federal 
Register on May 12, 2008. The comment period on the proposed action 
will extend 30 days from the date the Notice of Intent is published in 
the Federal Register. Public Open Houses will be held on May 19, 20, 28 
and 29, in Cedarville, CA; Alturas, CA; Adin, CA and Tulelake, CA to 
review maps and to discuss the proposed action.
    The draft environmental impact statement is estimated to be filed 
with the Environmental Protection Agency (EPA) and to be available for 
public review by the end of 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, 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 
Modoc National Forest participate at that time.
    The final EIS is estimated to be completed by December 31, 2008. In 
the final EIS, the Forest Service will 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. Submission 
of comments in response to the draft EIS is a prerequisite for 
eligibility to appeal 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.
    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). Also, environmental objections that could be raised at the 
draft environmental impact statement stage but that are not raised

[[Page 26958]]

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 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: May 1, 2008.
Stanley G. Sylva,
Forest Supervisor.
 [FR Doc. E8-10235 Filed 5-9-08; 8:45 am]
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