[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Notices]
[Pages 8496-8497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3787]


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DEPARTMENT OF AGRICULTURE

Forest Service


Crescent Ranger District; Deschutes National Forest; Oregon; 
Three Trails Off Highway Vehicle Project

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The USDA, Forest Service, will prepare an Environmental Impact 
Statement (EIS) on a proposed action to designate an Off Highway 
Vehicle (OHV) trail system on the Crescent Ranger District of the 
Deschutes National Forest. In addition, the proposal would close roads, 
rehabilitate unneeded trails, and develop staging areas within the 
77,000-acre project area. The proposed trail system would be located on 
National Forest lands between Crescent Lake Junction and the boundary 
of the Winema National Forest, west of Crescent, Oregon. The legal 
location is Townships 23-26 south and Ranges 6-9 east, Willamette 
Meridian. The analysis area contains three distinct areas with a 
focused trail system that will eventually be interconnected: Two 
Rivers, Walker Mountain, and Crescent Lake Junction. The alternatives 
will include the proposed action, no action, and additional 
alternatives that respond to issues generated through the scoping 
process. The agency will give notice of the full environmental analysis 
and decision making process so interested and affected people may 
participate and contribute to the final decision.

DATES: Comments concerning the scope of the analysis must be received 
by 30 days following the date that this notice appears in the Federal 
Register.

ADDRESSES: Send written comments to Joan Kittrell, Team Leader, 
Crescent Ranger District, P.O. Box 208, Crescent, Oregon 97733, or 
submit to [email protected]. 
Please put ``Three Trails OHV Scoping'' in the subject line of your e-
mail. You will have another opportunity for comment when alternatives 
have been developed and the Environmental Impact Statement is made 
available.

FOR FURTHER INFORMATION CONTACT: Joan Kittrell, Team Leader, Crescent 
Ranger District, P.O. Box 208, Crescent, Oregon 97733, phone (541) 433-
3200.
    Responsible Official: The responsible official will be John Allen, 
Deschutes National Forest Supervisor, 1001 SW Emkay Drive, Bend, Oregon 
97701.

SUPPLEMENTARY INFORMATION:
    Purpose and Need. The need for this site-specific proposal is 
basically a result of a much larger process all National Forests are 
implementing; the Travel Management Rule. In 2005, the Forest Service 
codified a national rule that prohibits motorized travel off of 
designated routes. The Deschutes National Forest is currently in the 
process of developing an Environmental Impact Statement (EIS) to 
display the environmental effects of implementing the Travel Management 
Rule, which is expected to occur by 2010. Currently, there are no 
designated OHV trails on the Crescent Ranger District. The Three Trails 
area is used extensively by off highway enthusiasts, as demonstrated by 
the many user-created trails. They also utilize other existing roads 
(closed and open) which may or may not be maintained for high clearance 
vehicles. Recognizing the effect to the OHV community once the Travel 
Management Rule is implemented, the Deschutes and Ochoco National 
Forests were proactive in identifying opportunities for a trail system 
in sustainable locations. Through a working group of motorized and non-
motorized participants, three areas were identified that had potential 
community support for a designated trail system. The Three Trails OHV 
Project is one of them.
    Proposed Action. Basically, the proposal would provide 
approximately 110-130 miles of interlinking trails in three main areas 
with associated staging areas. The trail system would vary in skill 
level and density to match the terrain, design of the staging areas, 
and to provide an opportunity for beginner through advanced riding 
experiences. Where redundant access exists, or user-created trails are 
in undesired locations (such as within riparian resources or desired 
wildlife habitat), closure and rehabilitation/restoration would be 
performed on 50 miles. To balance the increase open road/trail density 
associated with a designated trail system, approximately 65 miles of 
roads would be closed. A general season of use would be May 1 through 
October 31.
    Comment. Public comments about this proposal are requested in order 
to

[[Page 8497]]

assist in identifying issues, determine how to best manage the 
resources, and to focus the analysis. Comments received to this notice, 
including names and addresses of those who comment, will be considered 
part of the public record on this proposed action and will be available 
for public inspection. Comments submitted anonymously will be accepted 
and considered; however, those who submit anonymous comments will not 
have standing to appeal the subsequent decision under 36 CFR parts 215. 
Additionally, pursuant to 7 CFR 1.27(d), any person may request the 
agency to withhold a submission from the public record by showing how 
the Freedom of Information Act (FOIA) permits such confidentiality. 
Persons requesting such confidentiality should be aware that, under 
FOIA, confidentiality may be granted in only very limited 
circumstances, such as to protect trade secrets. The Forest Service 
will inform the requester of the agency's decision regarding the 
request for confidentiality, and where the request is denied the agency 
will return the submission and notify the requester that the comments 
may be resubmitted with or without name and address within a specified 
number of days.
    A draft EIS will be filed with the Environmental Protection Agency 
(EPA) and available for public review by Summer 2009. The EPA will 
publish a Notice of Availability (NOA) of the draft EIS in the Federal 
Register. The final EIS is scheduled to be available Fall 2009.
    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.
    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 
a draft EIS 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. 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 statement. Comments may also 
address the adequacy of the draft EIS of 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.
    In the final EIS, the Forest Service is required to respond to 
comments received during the comment period for the draft EIS. The 
Forest Service is the lead agency and the responsible official is the 
Crescent District Ranger, Deschutes National Forest. The responsible 
official will decide where, and whether or not to designate a trail 
system, staging areas, and close roads. The responsible official will 
also decide how to mitigate impacts of these actions and will determine 
when and how monitoring of effects will take place.
    The Three Trails OHV Project decision and the reasons for the 
decision will be documented in the Record of Decision. That decision 
will be subject to Forest Service Appeal Regulations (35 CFR Part 215).

John Allen,
Deschutes National Forest Supervisor.
[FR Doc. E9-3787 Filed 2-24-09; 8:45 am]
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