[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Notices]
[Pages 58531-58534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23683]


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DEPARTMENT OF AGRICULTURE

Forest Service


Klamath National Forest, CA, Klamath National Forest Motorized 
Route Designation EIS

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Klamath National Forest (Klamath 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 National Forest System 
(NFS) roads, trails, and areas by the public except as allowed by 
permit or other authorization (Travel Management Rule, 36 CFR Part 212 
Subpart B).
    2. Make a non-significant amendment to the Klamath NF Land and 
Resource Management Plan (Klamath Forest Plan) to conform with the 
Travel Management Rule, Subpart B, by removing reference to OHV cross-
country travel in the Forest Plan and including a Forest-wide standard: 
``Prohibit motorized vehicle travel (with the exception of snowmobiles) 
off designated roads, trails and areas except as allowed by permit or 
other authorization.''
    3. Add approximately 54 miles (84 segments) of existing 
unauthorized routes to the National Forest Transportation System (NFTS) 
as roads open to the public for motorized vehicle use by vehicle class 
and season of use. Add approximately 24 miles (258 routes) of existing 
unauthorized routes to the NFTS as roads open to the public for 
motorized vehicle use to access dispersed recreation opportunities 
(e.g. river access, dispersed camping, etc.), by vehicle class and 
season of use.
    4. Add approximately 14 miles (22 segments) of existing 
unauthorized routes to the NFTS as motorized trails open to the public 
for motorized vehicle use by vehicle class and season of use.
    5. Allow motorized vehicle use on two areas (65 acres) where use of 
motorized vehicles by the public would be allowed anywhere within that 
delineated area.
    6. Make the following changes to existing Forest roads:
    a. Allow non-highway legal vehicle use on approximately 88 miles 
(24 segments) of existing NFTS roads where such use is currently 
prohibited.
    b. Prohibit non-highway legal vehicle use on approximately 10 miles 
(8 segments) of existing NFTS roads where such use is currently 
allowed.
    c. Open NFTS roads 41S10 and 40N51 to public use where such use is 
currently prohibited to enhance motorized recreation by creating a loop 
opportunity.

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.
    Completion of the Draft Environmental Impact Statement (DEIS) is 
expected in May 2009 and the Final Environmental Impact Statement 
(FEIS) is expected in July 2009.

ADDRESSES: Send written comments to: Route Designation Team, Klamath 
National Forest, 1312 Fairlane Road, Yreka, California 96097. 
Electronic comments, in acceptable plain text (.txt), rich text (.rtf), 
or Word (.doc) may be submitted to [email protected] with Subject: Route Designation.

FOR FURTHER INFORMATION CONTACT: Emelia Barnum, Klamath National 
Forest, 1312 Fairlane Road, Yreka, California 96097. Phone: 530-841-
4470.

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 percent 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 all terrain vehicles (ATVs) and OHV motorcycles registered 
in 2004, up 330 percent 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 percent to 3,046,866 from 1989 to 2002.
    Unmanaged OHV use has resulted in unplanned roads and trails, 
erosion,

[[Page 58532]]

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). Subpart B of the final 
Travel Management Rule requires designation of those roads, trails, and 
areas that are open to motor vehicle use on National Forests. Route 
designations will be made by class of vehicle and, if appropriate, by 
time of year. The final rule allows for motor vehicle use only on 
designated system routes and in designated areas.
    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 must first 
be added to the NFTS.
    In accordance with the MOI, the Klamath NF completed an inventory 
of unauthorized routes on National Forest lands and identified 
approximately 400 miles (1079 segments) of unauthorized routes. The 
Klamath NF then used an interdisciplinary process to evaluate the 
routes that included working with the public to determine whether any 
of the unauthorized routes should be proposed for addition to the NFTS 
in this proposed action. Roads, trails, and areas that are currently 
part of the Klamath NF transportation system and are open to wheeled 
motorized vehicle travel will remain designated for such unless changed 
by this proposal. This proposal focuses only on the prohibition of 
wheeled motorized vehicle travel off designated routes and needed 
changes to the Klamath NF transportation system, including the addition 
of some unauthorized routes to the Klamath NF transportation system and 
minor changes to existing motor vehicle restrictions. The proposed 
action is being carried forward in accordance with the Travel 
Management Rule (36 CFR Part 212, Subpart B). In accordance with the 
Travel Management Rule, following a decision on this proposal, the 
Klamath NF will publish a Motor Vehicle Use Map (MVUM) identifying all 
Klamath 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 are not precluded 
from future consideration for addition to the NFTS and inclusion in a 
MVUM. 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 motor vehicle travel 
by the public. The proliferation of unplanned, unauthorized, non-
sustainable roads, trails and areas adversely impacts the environment. 
The 2005 Travel Management Rule, 36 CFR Section 212, Subpart B, 
provides for a system of NFS roads, NFS trails and areas on NFS lands 
that are designated for motor vehicle use. After roads, trails and 
areas are designated, motor vehicle use off designated roads and trails 
and outside designated areas is prohibited by 36 CFR 261.13. Subpart B 
is intended to prevent resource damage caused by unmanaged motor 
vehicle use by the public.
    2. There is a need for the Klamath Forest Plan to conform to the 
Travel Management Rule, 36 CFR 212, Subpart B. A review of the Forest 
Plan has found that it is not fully consistent with the Travel 
Management Rule, Subpart B. For example, the Klamath Forest Plan EIS 
states that off highway vehicle use is allowed where it is not (1) 
Legislatively restricted, (2) causing unacceptable resource damage, or 
(3) in conflict with other activities. The objective is to restrict use 
only where there is a demonstrated need. The Klamath Forest Plan 
includes standards and guidelines that prohibit or restrict OHV use in 
certain land allocations (e.g., research natural areas, backcountry 
areas), but OHV use is generally allowed in the other land allocations. 
About 70 percent of the Forest is open to unrestricted OHV use. These 
Forest Plan standards and guidelines are in conflict with the Travel 
Management Rule, at 36 CFR 212.50(a) (Motor vehicle use off designated 
roads and trails and outside designated areas is prohibited by 36 CFR 
261.13).
    3. There is a need for limited changes to the Klamath NF 
transportation system to:
    3.1. Provide wheeled motorized access to dispersed recreation 
opportunities (camping, hunting, fishing, hiking, horseback riding, 
etc.). There is a need to maintain motor vehicle access to dispersed 
recreation activities that historically have been accessed by motor 
vehicles. A portion of known dispersed recreation activities are not 
located directly adjacent to an existing NFTS road or NFTS motorized 
trail. Some dispersed recreation activities depend on foot or horseback 
access, and some depend on motor vehicle access. Those activities 
accessed by motor vehicles consist of short spurs that have been 
created and maintained primarily by the passage of motorized vehicles. 
Many such `user-created' routes are not currently part of the NFTS. 
Without adding them to the NFTS, the regulatory changes noted above 
would make continued use of such routes illegal through the prohibition 
of cross country travel and would preclude access to many dispersed 
recreation activities.
    3.2. Provide a diversity of wheeled motorized recreation 
opportunities (4x4 vehicles, motorcycles, 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)). Implementation of Subpart B of the 
Travel Management Rule will severely reduce motorized recreation 
opportunities relative to current levels. As a result, there is a need 
to consider limited changes and additions to the type of use permitted 
on existing NFTS roads as well as potential additions to the NFTS.

[[Page 58533]]

    4. There is a need for socially compatible non-highway legal 
vehicle use in the vicinity of Hawkinsville where trespass, destruction 
of private property, and other use conflicts facilitated by the use of 
off-highway vehicles have become a problem. The Forest Plan specifies 
coordination of road management objectives with private landowners 
within the Forest (Forest Plan Standard and Guideline 20-3). Previous 
complaints from residential owners and comments during the Steps 1-3 
for this project focused on needs for management changes on all or 
portions of 40N21, 43N30, 45N03X, 45N28, 45N29, 45N39, 46N16, and 
46N16A.
    In meeting these needs, the proposed action must also achieve the 
following purposes:
    A. Provide for public safety.
    B. Provide access to public and private lands.
    C. Administer and maintain roads, trails, and areas based on 
availability of resources.
    D. Minimize damage to soil, vegetation and other forest resources.
    E. Avoid impacts to cultural resources.
    F. Minimize harassment of wildlife and significant disruption of 
wildlife habitat.
    G. Minimize conflicts between motor vehicles and existing or 
proposed recreational uses of NFS lands.
    H. Minimize conflicts among different classes of motor vehicle uses 
of NFS lands or neighboring federal lands.
    I. Assure compatibility of motor vehicle use with existing 
conditions in populated areas, taking into account sound, emissions, 
etc.
    J. Maintain valid existing rights of use and access (rights-of-
way).
    K. 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 Klamath National 
Forest the publication deadline is approximately September 2009. 2. 
Available funding (road and trail management budgets). 3. Available 
resources (resource data and staff time).

Proposed Action

    1. Prohibit cross-country motorized vehicle travel (with the 
exception of snowmobiles) off designated Forest roads, trails, and 
areas by the public except as allowed by permit or other authorization.
    2. Make a non-significant amendment to the Klamath Forest Plan to 
be consistent with the Travel Management Rule (36 CFR Part 212, Subpart 
B), prohibiting cross-country motorized vehicle travel off designated 
NFS roads and NFS trails outside of designated areas by removing 
reference to OHV cross-country travel in the Forest Plan and including 
a forest-wide standard: ``Prohibit wheeled vehicle travel off 
designated roads and trails except for administrative use or uses under 
permitted activities or within designated areas.''
    3. Add approximately 54 miles (84 routes) of existing unauthorized 
routes as NFTS roads classified as open to all vehicle classes, both 
highway legal and non-highway legal, by season of use. The season of 
use for approximately 8 miles (14 routes) of road is from May 1-October 
31 (the remainder will be open year round). Add approximately 24 miles 
(258 routes) of existing unauthorized routes to the NFTS as roads open 
to the public for wheeled motorized vehicle use to access dispersed 
recreation opportunities (e.g., river access, dispersed camping, etc.), 
by vehicle class and season of use. With these additions, roads open to 
all vehicle classes will be approximately 2618 miles.
    4. Add approximately 14 miles (22 routes) of existing unauthorized 
routes as NFTS motorized trails. This would bring the total NFTS 
motorized trails to 15 miles. Approximately 2 miles of motorized trails 
would be classified as open for ``All Trail Class Vehicles''. About 4 
miles of motorized trails would be classified as open for ``Motorcycle 
only''. The remaining 8 miles of motorized trails would be classified 
as open for ``Vehicles 50 inches or less in width''. The season of use 
for all 14 miles of trail is from May 1-October 31.
    5. Add two areas (Humbug [13 acres] and Juniper Flat [52 acres]) 
where use of motorized vehicles by the public would be allowed anywhere 
within that delineated area.
    6. Make the following changes to existing Forest roads:
    a. Allow non-highway legal vehicle use on approximately 88 miles 
(24 segments) of existing NFS roads where such use is currently 
prohibited.
    b. Prohibit non-highway legal vehicle use on approximately 10 miles 
(8 segments) of existing Forest roads where such use is currently 
allowed.
    c. Open Forest Maintenance Level 1 roads 41S10 (Doe Peak) and 40N51 
(Yellowjacket Ridge) to public use where such use is currently 
prohibited.
    Maps and tables describing the proposed action can be found at 
http://www.fs.fed.us/r5/klamath/projects/ohv/index.shtml. In addition, 
maps will be available for viewing at:
     Klamath National Forest Supervisor's Office, 1312 Fairlane 
Road, Yreka, CA 96097.
     Happy Camp/Oak Knoll Ranger District, 63822 Highway 96, 
Happy Camp, CA 96039.
     Goosenest Ranger District, 37805 Highway 97, Macdoel, CA 
96058.
     Salmon/Scott River Ranger District, 11263 N. Highway 3, 
Fort Jones, CA 96032.
     Ukonom Ranger District, Highway 96, Orleans, CA 95556.

Responsible Official

    Patricia A. Grantham, Forest Supervisor, Klamath National Forest, 
1312 Fairlane Road, Yreka, CA 96097.

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 existing prohibitions and allowances for 
public motorized vehicle travel within the existing Klamath NF 
Transportation System and prohibit cross country wheeled motorized 
vehicle travel by the public off the designated system. Once the 
decision is made, the Klamath NF will publish a 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. Future decisions associated 
with changes to the MVUM may trigger the need for documentation of 
environmental analysis.
    This proposal does not revisit previous administrative decisions 
that resulted in the current NFTS. This proposal is focused on 
implementing Subpart B of the Travel Management Rule. Previous 
administrative decisions concerning road construction, road 
reconstruction, trail construction, and land suitability for motorized 
use on the existing NFTS are outside of the scope of this proposal.

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 Klamath NF has been meeting with local elected officials, 
Tribes, and community groups, including service and professional 
organizations, to discuss the Travel Management Rule and travel 
management on the Forest since 2005. In March and April of 2005,

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and April and May 2007, public workshops were held in Fort Jones, Happy 
Camp, Macdoel, and Yreka, CA to gather information about which routes 
the public uses. In March 2008, public workshops were held in those 
same locations as well as Orleans, CA, to continue gathering 
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 comment period on the proposed action will extend 30 days from 
the date this 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 May 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 Klamath NF 
participate at that time.
    The final EIS is scheduled to be completed in July 2009. In the 
final EIS, the Forest Service will respond to comments received during 
the comment period that are: within the scope of the proposed action; 
specific to the proposed action; have a direct relationship with the 
proposed action; and include supporting reasons for the responsible 
official to consider. Submission of comments 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 EIS will be prepared for comment. The 
comment period on the draft EIS will be 45 days from the date the EPA 
publishes the notice of availability in the Federal Register.
    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 EISs 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 EIS stage but that are not raised until 
after completion of the final EIS 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 EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft EIS. Comments may also address 
the adequacy of the draft EIS 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: September 30, 2008.
Patricia A. Grantham,
Forest Supervisor.
 [FR Doc. E8-23683 Filed 10-6-08; 8:45 am]
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