[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Pages 2676-2679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00709]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Lassen National Forest; California; Lassen National Forest Over-
Snow Vehicle Use Designation Environmental Impact Statement

AGENCY: Forest Service, USDA.

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

-----------------------------------------------------------------------

SUMMARY: The Forest Service, U.S. Department of Agriculture will 
prepare an Environmental Impact Statement (EIS) on a proposal to 
designate over-snow vehicle (OSV) use as allowed, restricted, or 
prohibited on National Forest System roads, National Forest System 
trails, and Areas on National Forest System lands within the Lassen 
National Forest; and to identify snow trails for grooming within the 
Lassen National Forest. In addition, the Forest Service proposes to:
    1. Formally adopt California State Parks' OSV snow grooming 
standards requiring a minimum of 18 inches of snow depth before 
grooming can occur;
    2. Implement a Forest-wide snow depth requirement for OSV use that 
would provide for public safety and natural and cultural resource 
protection by allowing OSV use in designated Areas when there is a 
minimum of 12 inches of snow covering the landscape; and allow OSV use 
on designated National Forest System roads and designated National 
Forest System Trails when there is a minimum of 6 inches of snow 
covering the road or trail; and
    3. Prohibit OSV use in selected Areas and on non-motorized trails.
    This proposal would be implemented on all of the Lassen National 
Forest.

DATES: Comments concerning the scope of the analysis must be received 
by February 19, 2015. The draft environmental impact statement is 
expected in October 2015 and the final environmental impact statement 
is expected in September 2016.

ADDRESSES: Send written comments to Chris O'Brien, on behalf of Dave 
Hays, Forest Supervisor, Lassen National Forest, 2550 Riverside Drive, 
Susanville, CA 96130; 530-257-2151. Comments may also be sent via 
facsimile to 530-252-6463. Comments may be submitted on the Lassen 
National Forest OSV Designation Web page: http://data.ecosystem-management.org/nepaweb/fs-usda-pop.php?project=45832.

FOR FURTHER INFORMATION CONTACT: Christopher O'Brien, Ph.D., Public 
Services and Ecosystems Staff Officer, USDA Forest Service, Lassen 
National Forest, 2550 Riverside Drive, Susanville, CA 96130; 530-257-
2151; [email protected].
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: Snow Trail Grooming Program: For over 30

[[Page 2677]]

years, the Forest Service, Pacific Southwest Region, in cooperation 
with the California Department of Parks and Recreation (California 
State Parks) Off-highway Motor Vehicle Division has enhanced winter 
recreation, and more specifically, snowmobiling recreation by 
maintaining National Forest System trails (snow trails) by grooming 
snow for snowmobile use. Most groomed snow trails are co-located on 
underlying National Forest System roads. Some grooming occurs on County 
roads and closed snow-covered highways. Grooming activities are funded 
by the state off-highway vehicle trust fund.
    The following summarizes how the Forest Service currently manages 
OSV use on the approximately 1,150,020-acre Lassen National Forest:
    1. Approximately 406 miles of National Forest System OSV trails;
    2. Of the approximately 406 miles of National Forest System OSV 
trails, approximately 324 miles are groomed OSV trails;
    3. Approximately 148 miles of National Forest System trail closed 
to OSV use;
    4. Approximately 976,760 acres of National Forest System land open 
to off-trail cross-country OSV use; and
    5. Approximately 173,260 acres of National Forest System land 
closed to OSV use.
    In 2013, the Forest Service entered into a Settlement Agreement 
with Snowlands Network et al., to ``complete appropriate NEPA [National 
Environmental Policy Act] analysis(es) to identify snow trails for 
grooming'' on the Lassen National Forest and four other national 
forests in California. The Forest Service will comply with the terms of 
the Settlement Agreement for the Lassen National Forest by completing 
this analysis. Other requirements of the Settlement Agreement are 
listed in the ``Need for Analysis'' section, below.
    Travel Management Rule subpart C: The Forest Service's 2005 Travel 
Management Rule established new procedures (see 36 CFR part 212 Subpart 
C), for implementing the requirements of Executive Order (E.O.) 11644, 
as amended by E.O. 11989 on the National Forest System. On March 29, 
2013, the U.S. District Court of Idaho, in the case of Winter Wildlands 
Alliance v. U.S. Forest Service (2013 WL 1319598, No. 1:11-CV-586-REB 
(D. Idaho Mar. 29, 2013)), ruled that subpart C of the 2005 Travel 
Management Rule was invalid because the rule made designation of OSV 
use of roads, trails and Areas optional. The court ordered the Forest 
Service to produce a new rule that treats OSVs similar to other motor 
vehicles by requiring the designation of OSV use on roads, trails, and 
Areas, consistent with E.O. 11644, as amended by E.O. 11989.
    The revised rule was issued for a 45-day public comment period in 
the Federal Register on June 18, 2014 (79 FR 34678, Jun. 18, 2014). As 
proposed, subpart C of the Travel Management Rule states, ``Over-snow 
vehicle use on National Forest System roads, on National Forest System 
trails, and in Areas on National Forest System lands shall be 
designated as allowed, restricted, or prohibited by the responsible 
official on administrative units or Ranger Districts, or parts of 
administrative units or Ranger Districts, of the National Forest System 
where snowfall is adequate for that use to occur . . . '' (36 CFR 
212.81(a)). OSV designations made as a result of the analysis in this 
Environmental Impact Statement would conform to the final subpart C 
rule.

Purpose and Need for Action

    One purpose of this project is to effectively manage OSV use on the 
Lassen National Forest to provide access, ensure that OSV use occurs 
when there is adequate snow, promote the safety of all users, enhance 
public enjoyment, minimize impacts to natural and cultural resources, 
and minimize conflicts among the various uses.
    There is a need to provide a manageable, designated OSV system of 
trails and Areas within the Lassen National Forest, that is consistent 
with and achieves the purposes of the Forest Service Travel Management 
Rule at 36 CFR part 212. This action responds to direction provided by 
the Forest Service's Travel Management Rule at 36 CFR part 212 and 
subpart C of the Travel Management Rule, as proposed.
    The existing system of available OSV trails and Areas on the Lassen 
National Forest is the culmination of multiple agency decisions over 
recent decades. Public OSV use of the majority of this available system 
continues to be manageable and consistent with current travel 
management regulations. Exceptions have been identified, based on 
internal and public input and the criteria listed at 36 CFR 212.55. 
These include needs to provide improved access for OSV users and 
formalize prohibitions required by Forest Plan and other management 
direction. These exceptions represent additional needs for change, and 
in these cases, changes are proposed to meet the overall objectives.
    Currently, the Forest Service requires 12 or more inches of snow on 
the ground to operate an OSV on the Lassen National Forest. Although 12 
inches of snow may exist at a given time in many higher elevation 
Areas, there may be less than 12 inches of snow at trailheads, which 
under current rules, would leave Areas with 12 or more inches of snow 
inaccessible to OSV use. To improve OSV access to Areas open to OSV 
use, the proposed action would allow OSV use on designated trails, as 
long as there are at least 6 inches of snow on the ground.
    The Forest Service has also identified two Areas in which OSV use 
should be prohibited, but there are no existing orders or directives 
that have formally prohibited OSV use within them. One Area is located 
in the southwest corner of the Lassen National Forest, below 3,500 feet 
in elevation. Snowfall is typically not adequate in this Area for OSV 
use to occur. This Area is approximately 29,130 acres in size. The 
proposed action would prohibit OSV use in this Area.
    The second Area in which OSV use should be prohibited is the Black 
Mountain Research Natural Area (RNA). The Lassen National Forest Land 
and Resource Management Plan (Forest Plan) prohibits motorized vehicles 
within Research Natural Areas, but no formal directive prohibiting such 
use has been issued. This Area is approximately 520 acres in size. The 
proposed action would prohibit OSV use in the Black Mountain RNA.
    A second purpose of this project is to identify those designated 
National Forest System OSV trails where grooming for OSV use would 
occur as required by the Settlement Agreement between the Forest 
Service and Snowlands Network, et al. Under the terms of the Settlement 
Agreement, the Forest Service is required to complete the appropriate 
NEPA analysis to identify snow trails for grooming on the Lassen 
National Forest. This action would identify snow trails for grooming.
    The snow trail grooming analysis would also address the need to 
provide a high quality snowmobile trail system on the Lassen National 
Forest that is smooth and stable for the rider. Groomed trails are 
designed so that the novice rider can use them without difficulty.

Need for Analysis

    Pursuant to the Settlement Agreement, the Forest Service is 
required to complete an appropriate NEPA analysis to identify snow 
trails for grooming. Subpart C of the Forest Service Travel Management 
Regulation requires the Forest Service to designate over-snow vehicle 
(OSV) use as allowed, restricted, or prohibited on

[[Page 2678]]

National Forest System roads, National Forest System trails, and Areas 
on National Forest System lands. Both decisions will be informed by an 
analysis as required by the National Environmental Policy Act (42 
U.S.C. 4321 et seq.).
    Subpart C of the Travel Management Regulation specifies that all 
requirements of subpart B of the Travel Management Regulations will 
continue to apply to the designation decision, including:
    1. Public involvement as required by the National Environmental 
Policy Act (36 CFR 212.52);
    2. Coordination with Federal, State, county, and other local 
governmental entities and tribal governments (36 CFR 212.53);
    3. Consideration of the criteria for designation of roads, trails, 
and Areas (36 CFR 212.55);
    4. Identification of designated uses on a publicly available use 
map of roads, trails, and Areas (36 CFR 212.56); and
    5. Monitoring of effects (36 CFR 212.57).
    Furthermore, additional terms of the Settlement Agreement require 
the Forest Service to:
    1. Analyze ancillary activities such as the plowing of related 
parking lots and trailheads as part of the effects analysis;
    2. Consider a range of alternative actions that would result in 
varying levels of snowmobile use; and
    3. Consider an alternative submitted by Plaintiffs and/or 
Interveners in the NEPA analysis so long as the alternative meets the 
purpose and need, and is feasible and within the scope of the NEPA 
analysis, and Plaintiffs and/or Interveners provide the Forest Service 
with a detailed description of that alternative during the scoping 
period for the NEPA analysis.

Proposed Action

    The Forest Service proposes several actions on the Lassen National 
Forest to be analyzed as required by the National Environmental Policy 
Act (NEPA). The actions proposed are as follows:
    1. To designate OSV use on National Forest System roads, National 
Forest System trails, and Areas on National Forest System lands within 
the Lassen National Forest where snowfall depth is adequate for that 
use to occur. The responsible official would designate OSV use as 
allowed, restricted, or prohibited on administrative units or Ranger 
Districts, or parts of administrative units or Ranger Districts of the 
Lassen National Forest. Areas where off-trail cross country OSV use 
would be allowed would cover 947,120 acres. Trails where OSV use would 
be allowed would total 406 miles. All existing OSV prohibitions 
applying to Areas or trails would continue.
    2. Of the 406 miles of designated OSV trails, 324 miles would be 
groomed by the Forest Service on the Lassen National Forest. Our trail 
mileages are estimates only and we are currently reviewing groomed 
trails where there is uncertainty regarding Forest Service 
jurisdiction.
    3. To groom trails consistent with historical grooming practices, 
when there are 18 inches of snow or more, and formally adopt California 
State Parks' snow grooming standards requiring a minimum of 18 inches 
of snow depth before grooming can occur.
    4. To implement a Forest-wide snow depth requirement for OSV use 
that would provide for public safety and natural and cultural resource 
protection by allowing OSV use in designated Areas when there is a 
minimum of 12 inches of snow covering the landscape; and allow OSV use 
on designated National Forest System roads and designated National 
Forest System Trails when there is a minimum of 6 inches of snow 
covering the road or trail. When the snow-depth requirement is not met, 
OSV use would be prohibited. All snow trails would be located on 
existing dirt, gravel, or paved trails or roads. These trails and roads 
are used in the summer for highway, OHV, and non-motorized recreation.
    5. Area Prohibitions. Over-snow vehicle use is currently prohibited 
on 173,260 acres of the Lassen National Forest. The proposed action 
would continue OSV prohibitions in currently prohibited areas and 
include the following additional prohibitions:
    a. Prohibit OSV use in areas below 3,500 feet in elevation in the 
southwest corner of the Lassen National Forest (approximately 29,130 
acres).
    b. Prohibit OSV use in the Black Mountain Research Natural Area to 
be consistent with management area direction in the Forest Plan 
(approximately 520 acres).
    As a result, OSV use would be prohibited on a total of 
approximately 202,900 acres of the 1,150,020-acre Lassen National 
Forest.
    6. Trail Prohibitions. The proposed action would continue OSV 
prohibitions on the following trails on the Lassen National Forest:
    a. Pacific Crest Trail (approximately 106 miles).
    b. Colby Mountain Cross-country Ski Trails (approximately 6 miles).
    c. McGowan Lake Cross-country Ski Trails (approximately 5 miles).
    d. Biz Johnson Trail from Susanville to Westwood Junction 
(approximately 17 miles).
    e. Lake Almanor Recreation Trail (approximately 9 miles).
    f. Eagle Lake Trail (approximately 5 miles).
    Over-snow vehicle use that is inconsistent with these designations 
would be prohibited under 36 CFR part 261 once the decision is issued.
    The use designations resulting from this analysis would only apply 
to the use of over-snow vehicles. An over-snow vehicle is defined in 
the Forest Service's Travel Management Regulations as ``a motor vehicle 
that is designed for use over snow and that runs on a track or tracks 
and/or a ski or skis, while in use over snow'' (36 CFR 212.1).
    Limited administrative use by the Forest Service; use of any fire, 
military, emergency, or law enforcement vehicle for emergency purposes; 
authorized use of any combat or combat support vehicle for national 
defense purposes; law enforcement response to violations of law, 
including pursuit; and over-snow vehicle use that is specifically 
authorized under a written authorization issued under Federal law or 
regulations would be exempt from these designations (36 CFR 212.81(a)).
    These actions would begin immediately upon the issuance of the 
record of decision, which is expected in October of 2016. The Forest 
Service would produce an OSV use map (OSVUM) that would look like the 
existing motor vehicle use map (MVUM) for the Lassen National Forest. 
Such a map would allow OSV enthusiasts to identify the routes and Areas 
where OSV use would be allowed on the Lassen National Forest.

Responsible Official

    The Lassen National Forest Supervisor will issue the decision.

Nature of Decision To Be Made

    This decision will designate OSV use on National Forest System 
roads, on National Forest System trails, and in Areas on National 
Forest System lands as allowed, restricted, or prohibited on the Lassen 
National Forest where snowfall is adequate for that use to occur. It 
will also identify the National Forest System trails where grooming 
would occur. The decision would only apply to the use of over-snow 
vehicles as defined in the Forest Service's Travel Management 
Regulations (36 CFR 212.1). The Forest Supervisor will consider all 
reasonable alternatives and decide whether to continue current 
management of OSV uses on the Lassen

[[Page 2679]]

National Forest, implement the proposed action, or select an 
alternative for the management of OSV uses.

Scoping Process

    This notice of intent initiates the scoping process, which guides 
the development of the environmental impact statement.
    It is important that reviewers provide their comments at such times 
and in such manner that they are useful to the agency's preparation of 
the environmental impact statement. Written comments should be within 
the scope of the proposed action, have a direct relationship to the 
proposed action, and must include supporting reasons for the 
responsible official to consider. Therefore, comments should be 
provided prior to the close of the comment period and should clearly 
articulate the reviewer's concerns and contentions. The preferred 
format for attachments to electronically submitted comments would be as 
an MS Word document. Attachments in portable document format (pdf) are 
not preferred, but are acceptable.
    Comments received in response to this solicitation, including names 
and addresses of those who comment, will be part of the public record 
for this proposed action. Comments submitted anonymously will be 
accepted and considered, however.
    The Lassen National Forest Over-Snow Vehicle (OSV) Use Designation 
is an activity implementing a land management plan. It is not an 
activity authorized under the Healthy Forests Restoration Act of 2003 
(Pub. L. 108-148). Therefore, this activity is subject to pre-
decisional administrative review consistent with the Consolidated 
Appropriations Act of 2012 (Pub. L. 112-74) as implemented by subparts 
A and B of 36 CFR part 218.

    Dated: January 12, 2015.
Dave Hays,
Forest Supervisor.
[FR Doc. 2015-00709 Filed 1-16-15; 8:45 am]
BILLING CODE 3410-11-P