[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Notices]
[Pages 50299-50301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19675]


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DEPARTMENT OF AGRICULTURE

Forest Service


Motorized Vehicle Use on the Rogue River-Siskiyou National Forest

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Rogue River-Siskiyou National Forest (Forest) will prepare 
an Environmental Impact Statement (EIS) to document and disclose the 
potential environmental effects of establishing and designating a 
system of roads, trails and areas for wheeled motorized vehicles. The 
Proposed Action would designate the location, type of vehicle and 
season of use for motorized vehicles

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across the entire Forest in order to meet the intent of the Travel 
Management; Designated Routes and Areas for Motor Vehicle Use, Final 
Rule that was published on November 9, 2005 (70 FR 216). Over-the-snow 
vehicles are excluded from this Proposed Action. A Forest Plan 
Amendment would be required to achieve the purpose and need, and 
implement the Proposed Action.

DATES: Comments concerning the scope of the analysis, issues about the 
Proposed Action, or alternatives to the Proposed Action are most 
helpful if received within 45 days following the date that this notice 
appears in the Federal Register.

ADDRESSES: Send electronic comments to: con-iments-pacificnorthwest-
rogueriver [email protected]. Send written comments to: Travel 
Management Team, Rogue River Siskiyou National Forest, Siskiyou 
Mountains Ranger District, 645Washington St., Ashland, OR 97520.

FOR FURTHER INFORMATION CONTACT: Steve Johnson, Team Leader, Siskiyou 
Mountains Ranger District, 645 Washington St., Ashland, OR 97520. 
Phone: (541) 552-2900.

SUPPLEMENTARY INFORMATION:

Background

    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 by the public 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 by the public off the 
designated system as well as use of motor vehicles on routes and in 
areas that are not designated. Persons exempt from the final rule 
prohibitions would be those with a permit specifically authorizing 
access. Examples include access to private property, a mining claim or 
a communication site.
    In June 2007, the Forest hosted a series of four open houses in 
southwest Oregon to provide people an opportunity to learn more about 
the Travel Analysis process that identifies and designates roads, 
trails, and areas open to motor vehicles. In addition, Forest 
representatives met with a number of individuals, groups and 
neighboring land management agencies in order for motorized and non-
motorized users alike to get involved early as we began to gather 
information for the project.
    Since that time Forest planners and resource specialists have 
verified and completed an inventory of existing open roads and trails. 
Currently, there are approximately 4,620 road miles and approximately 
1,155 trail miles. Motorized trails account for approximately 15% (170 
miles) of the total trail miles.
    Under the Proposed Action, roads, trails and areas that are 
currently part of the Forest transportation system and are open to 
wheeled motorized vehicle travel would remain designated for such use 
except as described below. This proposal focuses on the designation of 
wheeled motorized vehicle routes and areas. The Proposed Action is 
being carried forward in accordance with the Travel Management Rule (36 
CFR Part 212).
    In accordance with the rule and following a decision on this 
proposal, the Forest will publish a Motor Vehicle Use Map (MVUM) 
identifying all Forest roads, trails and areas that are designated open 
for motor vehicle use by the public. The MVUM shall specify the classes 
of vehicles and, if appropriate, the times of year for which use is 
authorized. The MVUM will be updated and published annually (or more 
frequently if needed) when changes to the Forest's transportation 
system are made. Future decisions associated with changes to the MVUM 
may trigger the need for documentation of additional environmental 
analysis.

Purpose and Need

    The purpose for action is to enact the Travel Management Rule. 
Motorized use is a popular use and is an important form of recreation 
for many individuals, families, and groups. A designated and managed 
system is needed to provide this use. Increased demand for motorized 
use, lack of designated areas/routes, and the inconsistent direction 
contained in the Forest Plans, has led to resource damage and social 
impacts, user conflicts, and safety concerns.

Proposed Action

    Based on the stated purpose and need for action and as a result of 
the recent Travel Analysis process, the Forest proposes to:
     Prohibit motorized public access on approximately 60-65 
miles of roads currently open in order to minimize or reduce resource 
damage;
     Formally designate approximately 3,390 miles of road where 
mixed use would be allowed. Mixed use is defined as designation of a 
National Forest System (NFS) road for use by both highway-legal and 
non-highway-legal motor vehicles;
     Construct two motorized trails to provide loop route 
opportunities (approximately 2 miles);
     Convert approximately 20-25 miles of NFS roads to 
motorized trails;
     Designate two areas where off-road motorized use is 
allowed. This includes continued use of the Woodruff area near Prospect 
and the development of an additional area near Willow Lake. Both areas 
are located on the High Cascades Ranger District; and
     Enact Forest Plan amendments to make the plans consistent 
with the Travel Management Rule. The Rogue River-Siskiyou National 
Forest is guided by two separate Forest Plans.
    Maps illustrating the Proposed Action can found at: http://www.fs.fed.us/r6/rogue siskiyou/projects/travel/.
    In addition, maps will be available for viewing at:
Forest Supervisor's Office, 3040 Biddle Road, Medford, OR 97504
Gold Beach Ranger District, 29279 Ellensburg Ave., Gold Beach, OR 97444 
or 539 Chetco Aye, Brookings, OR 97415
High Cascades Ranger District, 47201 Highway 62, Prospect, OR 97536 or 
730 Laurel St., Butte Falls, OR 97522
Powers Ranger District, 42861 Highway 242, Powers, OR 97466
Siskiyou Mountains Ranger District, 6941 Upper Applegate Road, 
Jacksonville, OR 97530 or 645 Washington Street, Ashland, OR 97520
Wild Rivers Ranger District, 2164 N.E. Spalding Avenue, Grants Pass, OR 
97526 or 26568 Redwood Hwy., Cave Junction, OR 97523

Responsible Official

    The Forest Supervisor, Scott D. Conroy, is the Responsible Official 
for making the decision and providing direction for the analysis under 
the National Environmental Policy Act (NEPA).

Scoping and NEPA 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, and local agencies 
and other individuals or organizations who may be interested in or 
affected by the Proposed Action.
    The Draft Environmental Impact Statement is expected to be filed 
with the Environmental Protection Agency (EPA) and to be available for 
public review by December 2008. EPA will publish a notice of 
availability (NOA) of the Draft EIS in the Federal Register.

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The comment period on the Draft EIS will extend 45 days from the date 
the EPA publishes the NOA 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 Rogue River-Siskiyou National Forest participate at that time. 
Submission of comments in response to the Draft EIS is a prerequisite 
for eligibility to appeal under the 36 CFR part 217 regulations.
    The Final EIS is scheduled to be completed in February 2009. 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.

Comment Requested

    This Notice of Intent initiates the scoping process which guides 
the development of the Environmental Impact Statement. 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.
    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.

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

    Dated: August 18, 2008.
Scott D. Conroy,
Forest Supervisor, Rogue River-Siskiyou National Forest.
[FR Doc. E8-19675 Filed 8-25-08; 8:45 am]
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