[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77601-77605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30047]


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DEPARTMENT OF AGRICULTURE

Forest Service


Six Rivers National Forest, California, Lower Trinity and Mad 
River Travel Management EIS

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Six Rivers National Forest (Six Rivers NF) will prepare an 
Environmental Impact Statement to disclose the impacts associated with 
the following proposed actions:
    1. The prohibition of cross-country motor vehicle travel (with the 
exception of snowmobiles) off designated National Forest NFTS (NFTS) 
roads and trails by the public except as allowed by permit or other 
authorization.
    2. Make a non-significant amendment to the Six Rivers NF Land and 
Resource Management Plan (Six Rivers Forest Plan) to conform with the 
Travel Management Rule (36 CFR Part 212 Subpart B).
    3. Add approximately 58 miles (206 segments) of existing 
unauthorized routes to the NFTS as motorized trails open to the public 
for motor vehicle use by vehicle class and season of use.
    4. Approximately 7 miles (5 segments) of existing NFTS roads are 
proposed for dual management as both a Maintenance level 1 (closed) 
road and as a motorized trail open to vehicles 50'' or less in width.
    5. Make the following change to NFTS roads: Allow both highway 
licensed vehicles and non-highway licensed vehicles to use 
approximately 25\1/2\ miles (17 segments) of existing NFTS roads 
currently open to highway licensed vehicles only.
    6. Make the following changes to NFTS trails:
    a. Allow motor vehicles 50 inches or less in width on approximately 
4 miles (1 segment) of existing NFTS trail currently open to 
motorcycles.
    b. Convert approximately 6 miles (2 segments) of existing NFTS 
motorized trails to NFTS non-motorized trails.

DATES: The comment period on the proposed action will extend 45 days 
from the date the Notice of Intent is published in the Federal 
Register. Completion of the Draft Environmental Impact Statement (draft 
EIS) is expected in spring 2009 and the Final Environmental Impact 
Statement (final EIS) is expected in summer 2009.

ADDRESSES: Send written comments to: Travel Management Team, Six Rivers 
National Forest, 1330 Bayshore Way, Eureka, CA 95501. Electronic 
comments, in acceptable plain text (.txt), rich text (.rtf), or Word 
(.doc) may be submitted to [email protected]. Please insure that ``Travel Management'' occurs in 
the subject line.

FOR FURTHER INFORMATION CONTACT: Leslie Burkhart, Six Rivers National 
Forest, 1330 Bayshore Way, Eureka, CA 95501. Phone: 707-441-3520. E-
mail: [email protected] with ``Travel 
Management'' in the subject line.

SUPPLEMENTARY INFORMATION:

[[Page 77602]]

Background

    Over the past few decades, the availability and capability of motor 
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 all terrain vehicles (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 motor 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 National Forest System 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 National Forest System roads and National 
Forest System trails included in the NFTS. 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 NFTS roads and NFTS trails can be designated 
for motor 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 Six Rivers NF completed an 
inventory of unauthorized routes on National Forest System lands and 
identified over 250 miles of unauthorized routes. The Six Rivers 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 Six Rivers 
NFTS in this proposed action. The route evaluation identified a number 
of routes which could be considered in this or future decisions on the 
NFTS as a part of travel management on the Lower Trinity and Mad River 
Ranger Districts of the Six Rivers National Forest. Roads and trails 
(there are no areas) that are currently part of the Six Rivers NFTS and 
are open to motor vehicle travel will remain designated for such use 
except as described below under Proposed Action. This proposal focuses 
only on the prohibition of motor vehicle travel off designated routes 
and needed changes to the Six Rivers NFTS, including the addition of 
some unauthorized routes to the Six Rivers NFTS and minor changes to 
the 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, a Motor Vehicle Use Map (MVUM) will be published for 
both the Lower Trinity Ranger District and Mad River Ranger District of 
the Six Rivers NF. These MVUMs will identify all roads and trails that 
are designated for motor vehicle use. The MVUMs 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 MVUMs 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 cross-country motor 
vehicle travel by the public. The proliferation of unplanned, 
unauthorized, non-sustainable roads, trails, and areas created by 
cross-country travel 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 National Forest System 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. In accordance with national direction, 
implementation of Subpart B of the travel management rule for the Six 
Rivers National Forest is scheduled for completion in 2009.
    2. There is a need for the Six Rivers Forest Plan to conform to the 
Travel Management Rule, 36 CFR 212, Subpart B. A review of the Six 
Rivers Forest Plan has found that OHV use is restricted to designated 
routes but there is no general prohibition of motor vehicle travel off 
of designated roads and trails.
    3. There is a need for limited changes to the Six Rivers NFTS to:
    a. Provide motor vehicle access to dispersed recreation 
opportunities (camping, hunting, fishing, hiking, horseback riding, 
etc.). A substantial portion of known dispersed recreation activities 
are not typically located directly adjacent to NFTS roads or NFTS 
motorized trails. Some dispersed recreation activities depend on foot 
or horseback access, and some depend on motor vehicle access. Those 
activities accessed by motor vehicles are typically accessed by short 
spurs that have been created primarily by the passage of motor 
vehicles. Many such unauthorized ``user-created'' routes are not 
currently part of the NFTS. Without adding them to the NFTS and 
designating them on a MVUM, the regulatory changes noted above would 
make continued use of such routes

[[Page 77603]]

illegal and would preclude access by the public to many dispersed 
recreation activities.
    b. Provide a diversity of motorized recreation opportunities (4x4 
vehicles, motorcycles, ATVs, SUVs, 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 acres and miles of motorized 
recreation opportunities relative to current levels. As a result, there 
is a need to consider limited changes to the NFTS.
    In making any limited changes to the National Forest Transportation 
system, the Six Rivers NF will be considering criteria contained in 
Subpart B of the Travel Management Rule, which include the following:
    A. Impacts to natural and cultural resources.
    B. Public safety.
    C. Access to public and private lands.
    D. Availability of resources for maintenance and administration of 
roads trails and areas that would arise if the uses under consideration 
are designated.
    E. Minimizing damage to soil, watershed, vegetation, and other 
forest resources.
    F. Minimizing harassment of wildlife and significant disruption of 
wildlife habitat.
    G. Minimizing conflicts between motor vehicles and existing or 
proposed recreational uses of NFS lands or neighboring federal lands.
    H. Minimizing conflicts among different classes of motor vehicle 
uses of NFS lands or neighboring federal lands.
    I. Compatibility of motor vehicle use with existing conditions in 
populated areas, taking into account sound, emissions, and other 
factors.
    When making any limited changes to National Forest System Roads, 
the Six Rivers NF will also consider the following:
    1. Speed, volume, composition and distribution of traffic on roads.
    2. Compatibility of vehicle class with road geometry and road 
surfacing
    3. Maintaining valid existing rights of use and access (rights-of-
way)

Proposed Action

    1. The prohibition of cross-country motor vehicle travel (with the 
exception of snowmobiles) off designated National Forest NFTS (NFTS) 
roads, trails, and areas by the public except as allowed by permit or 
other authorization.
    2. Make a non-significant amendment to the Six Rivers Forest Plan 
to conform to the Travel Management Rule, Subpart B. The text of 
Recreation Standard and Guideline for Motorized Recreation 18-21, Six 
Rivers Forest Plan, p. IV-124, which currently reads ``OHV use is 
restricted to designated routes'' shall be replaced in its entirety 
with the following text ``Prohibit motor vehicle travel (with the 
exception of snowmobiles) off designated roads, trails and areas except 
as allowed by permit or other authorization.''
    3. Additions to the National Forest NFTS. The Six Rivers NF 
currently manages and maintains approximately 526 miles of NFTS roads 
and no NFTS motorized trails on the Lower Trinity Ranger District; and 
manages and maintains approximately 871 miles of NFTS roads and 36 
miles of NFTS motorized trails on the Mad River Ranger District. Based 
on the stated purpose and need for action and route evaluation, the Six 
Rivers National Forest proposes to add approximately 19 miles (62 
segments) of existing unauthorized routes to its NFTS as motorized 
trails on the Lower Trinity Ranger District; and to add approximately 
39 miles (144 segments) of existing unauthorized routes to its NFTS 
motorized trails on the Mad River Ranger District open to the public 
for motor vehicle use by vehicle class and season of use. A summary of 
the additional NFTS motorized trails are listed below by Ranger 
District. Note that no additional motorcycle trails are proposed for 
the NFTS.

                                              NFTS Motorized Trail Additions--Lower Trinity Ranger District
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                                                                                                                                            Subject to
               Trail type                   Proposed addition (miles)       Permitted vehicle classes       Year-round       Seasonal       mitigations
                                                                                                              (miles)         (miles)         (miles)
--------------------------------------------------------------------------------------------------------------------------------------------------------
High Clearance..........................  5...........................  Trails open to high clearance                  3               2               1
                                                                         wheeled vehicles.
<=50''..................................  14..........................  Trails open to wheeled vehicles               <1              14              12
                                                                         50 inches or less in width.
Motorcycle..............................  none........................  Trails open to vehicles with two             N/A             N/A             N/A
                                                                         in-line wheels.
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                                                NFTS Motorized Trail Additions--Mad River Ranger District
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                            Subject to
               Trail type                   Proposed addition (miles)       Permitted vehicle classes       Year-round       Seasonal       mitigations
                                                                                                              (miles)         (miles)         (miles)
--------------------------------------------------------------------------------------------------------------------------------------------------------
High Clearance..........................  30..........................  Trails open to high clearance                 25               5              14
                                                                         wheeled vehicles.
<=50''..................................  9...........................  Trails open to wheeled vehicles                8               1               2
                                                                         50 inches or less in width.
Motorcycle..............................  none........................  Trails open to vehicles with two             N/A             N/A             N/A
                                                                         in-line wheels.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The existing unauthorized routes proposed as additions to the Six 
Rivers NFTS as motorized trails occur across both Districts within many 
land allocations and resource emphasis areas; this includes proposed 
motorized trails within Late Successional Reserves, Inventoried 
Roadless Areas, and Key Watersheds as summarized in the following 
tables.

[[Page 77604]]



                     Trail Additions Within Areas of Interest--Lower Trinity Ranger District
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                                                                    Management areas of interest
                                                  --------------------------------------------------------------
          Trail type            Proposed addition                           Inventoried
                                  total (miles)      Late successional     roadless areas       Key watershed
                                                      reserve (miles)         (miles)              (miles)
----------------------------------------------------------------------------------------------------------------
High Clearance................  5................                   1.7  none.............                   1.9
<=50''........................  14...............                   2.4  none.............                   5.9
Motorcycle....................  none.............                   N/A  N/A..............                   N/A
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                       Trail Additions Within Areas of Interest--Mad River Ranger District
----------------------------------------------------------------------------------------------------------------
                                                                    Management areas of interest
                                                  --------------------------------------------------------------
          Trail type            Proposed addition                           Inventoried
                                  total (miles)      Late successional     roadless areas       Key watershed
                                                      reserve (miles)         (miles)              (miles)
----------------------------------------------------------------------------------------------------------------
High Clearance................  30...............                  10.3  1.9..............                   2.4
<=50''........................  9................                   2.5  1.3..............                   1.3
Motorcycle....................  none.............                   N/A  N/A..............                   N/A
----------------------------------------------------------------------------------------------------------------

    4. Co-location of Motorized Trail on NFTS roads closed year-round. 
Approximately 7 miles (5 segments) of existing NFTS roads are proposed 
for dual management as both a Maintenance level 1 (closed) road and as 
a motorized trail open to vehicles 50'' or less in width. Approximately 
7 miles (4 segments) would be located on Lower Trinity Ranger District 
to expand motorized recreation opportunity by linking proposed 
motorized trails in the Waterman Ridge and Hennessy Ridge networks. 
Approximately 0.2 mile (1 segment) would be located on the Mad River 
Ranger District to provide access to a dispersed camp.
    5. Limited Changes to the National Forest NFTS Roads. The Six 
Rivers National Forest proposes the following changes to NFTS roads to 
expand motorized trail opportunities, including increasing potential 
loops by using existing NFTS roads as links or connections within 
proposed networks of motorized trails: Allow both highway licensed 
vehicle and non-highway licensed vehicle use on approximately 8 miles 
(5 segments) of existing NFTS roads currently open to highway legal 
vehicles only on the Lower Trinity Ranger District. Allow both highway 
licensed vehicle and non-highway licensed vehicle use on approximately 
17\1/2\ miles (12 segments) of existing NFTS roads currently open to 
highway legal vehicles only on the Mad River Ranger District. Of these 
changes, all but approximately 2\1/2\ miles (1 segment) on the Mad 
River Ranger District, are subject to California Vehicle Code 
regulations that include the requirement of a licensed operator 
operating the vehicle.
    6. Limited Changes to NFTS Trails. The Six Rivers National Forest 
proposes the following changes to NFTS trails: Allow wheeled vehicles 
50 inches or less in width on approximately 4 miles (1 segment) of 
existing NFTS trail currently open to motorcycles to augment the Pilot 
Creek motorized trail network on the Mad River Ranger District. Convert 
approximately 6 miles (2 segments) of existing NFTS motorized trails to 
NFTS non-motorized trails on the Mad River Ranger District because of 
safety concerns on a segment of Devil's Backbone and due to lack of use 
and potential adverse resource effects on the Bradburn Trail.
    Maps and tables detailing the proposed action can be found at 
http://www.fs.fed.us/r5/sixrivers/projects/ohv/. In addition, maps will 
be available for viewing at:
     Six Rivers National Forest Supervisor's Office, 1330 
Bayshore Way, Eureka, CA 95501; phone: 707-442-1721.
     Lower Trinity Ranger District, Highway 96 (2 miles North 
of Willow Creek), Willow Creek, CA 95573; phone: 630-629-2118.
     Mad River Ranger District, Highway 36 (28 miles east of 
Bridgeville), Bridgeville, CA 95526; phone: 707-574-6233.

Responsible Official

    Tyrone Kelley, Forest Supervisor, Six Rivers National Forest, 1330 
Bayshore Way, Eureka, CA 95501

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 motor vehicle travel within the existing Six Rivers NF NFTS and 
prohibit cross country motor vehicle travel by the public off the 
designated system. Once the decision is made, the Six Rivers NF will 
publish two Motor Vehicle Use Maps (MVUM) identifying the roads and 
trails that are designated for motor vehicle use. The MVUMs shall 
specify the classes of vehicles and, if appropriate, the time of year 
for which use is designated. Future decisions associated with changes 
to the MVUMs 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 Six Rivers 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 Lower Trinity and Mad River Ranger Districts since 
2005. In May and June of 2005,

[[Page 77605]]

public workshops were held in Eureka, Willow Creek, and Mad River, CA 
to inform the public about the Travel Management Rule. In October 2007 
and April, May, and June 2008, public workshops were held in those same 
locations to gather information from the public about which routes they 
use and their concerns. 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 45 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 spring 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 Six Rivers NF 
participate at that time.
    The final EIS is scheduled to be completed in summer 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: December 12, 2008.
Tyrone Kelley,
Forest Supervisor.
 [FR Doc. E8-30047 Filed 12-18-08; 8:45 am]
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