[Federal Register: April 11, 2007 (Volume 72, Number 69)]
[Notices]
[Page 18198-18202]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap07-32]
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DEPARTMENT OF AGRICULTURE
Forest Service
Tahoe National Forest, CA, Tahoe National Forest Motorized Travel
Management EIS
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The Tahoe National Forest (TNF) will prepare an Environmental
Impact Statement to disclose the impacts associated with the following
proposed actions: (1) The addition of approximately 50 miles of
existing unauthorized routes to the current system of National Forest
System (NFS) trails currently open to the public for wheeled motorized
vehicle use. (2) The addition of one 60 acre area, where use of wheeled
motorized vehicles by the public would be allowed anywhere within that
area. (3) Allowing non-street legal vehicle use on approximately 3
miles of an existing NFS road where such use is currently prohibited,
(4) The prohibition of wheeled motorized vehicle travel off designated
NFS roads, NFS trails and areas by the public except as allowed by
permit or other authorization.
DATES: The Notice of Intent is expected to be published in Federal
Register on April 13, 2007. 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 September 2007 and the Final
Environmental Impact Statement (FEIS) is expected in January 2008.
ADDRESSES: Send written comments to: Travel Management Team, Tahoe
National Forest, 631 Coyote Street, Nevada City, California, 95959.
[[Page 18199]]
FOR FURTHER INFORMATION CONTACT: David Arrasmith, Tahoe National
Forest, 631 Coyote Street, Nevada City, California, 95959. Phone: (530)
478-6143. E-mail: darrasmith@fs.fed.us.
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. California is
experiencing the highest level of OHV use of any state in the nation.
There were 786,914 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 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). This final Travel Management Rule
requires designation of those roads, trails, and areas that are open to
motor vehicle use 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 off the designated system as well
as use of motor vehicles on routes and in areas that are not consistent
with the designations.
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 forest transportation system.
In 2005, the TNF completed an inventory of unauthorized routes on
NFS lands as described in the MOI and identified approximately 2,500
miles of unauthorized routes. The TNF then used an interdisciplinary
process to conduct travel analysis that included working with the
public to identify proposals for changes to the existing TNF
transportation system. Roads, trails and areas that are currently part
of the TNF transportation system and open to wheeled motorized vehicle
travel will remain designated for such use except as described below
under the Proposed Action. This proposal identifies needed changes
(vehicle restrictions, additional motorized trails and areas, etc.) to
the Tahoe National Forest NFS roads, NFS trails and areas on NFS lands
in accordance with the Travel Management Rule (36 CFR part 212).
Purpose and Need for Action
The following needs have been identified for this proposal:
1. There is a need for regulation of unmanaged wheel motorized
vehicle travel by the public. The Travel Management Rule, 36 CFR part
212, provides policy for administering the Forest transportation system
including the designation of NFS roads, trails and areas, and the
prohibition of cross-country travel.
2. There is a need for the prevention of resource damage caused by
unmanaged wheeled motorized travel by the public. The Tahoe National
Forest Land and Resource Management Plan (Amended 2005) contains a
Forestwide Standard and Guideline which states in part ``Prohibit
wheeled vehicle travel off of designated routes, trails, and limited
off highway vehicle (OHV) use areas.'' The proliferation of unplanned,
non-sustainable roads, trails and areas degrades the environment.
3. There is a need for limited changes to the TNF transportation
system to:
3.1 Provide wheeled motorized access to dispersed recreation
opportunities (camping, hunting, fishing, hiking, horseback riding,
etc.).
3.2 Provide a diversity of wheeled motorized recreation
opportunities (4X4 Vehicles, motorcycles, ATVs, passenger vehicles,
etc.).
3.3 Provide the minimum transportation system needed for safe and
efficient travel by the public and for administration, utilization and
protection of NFS lands 36 CFR 212.5(b).
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)).
In meeting these needs, any changes to the NFS roads, motorized
trails and areas should also achieve the following purposes:
A. Avoid impacts to cultural resources.
B. provide for public safety.
C. Provide for a diversity of recreational opportunities.
D. Assure adequate access to public and private lands.
E. Provide for adequate maintenance and administration of
designations based on availability of resources and funding to do so.
F. Minimize damage to soil, vegetation and other forest resources.
G. Avoid harassment of wildlife and significant disruption of
wildlife habitat.
H. Minimize conflicts between wheeled motor vehicles and existing
or proposed recreational uses of NFS lands.
I. Minimize conflicts among different classes of wheeled motor
vehicle uses of NFS lands or neighboring federal lands.
J. Assure compatibility of wheeled motor vehicle use with existing
conditions in populated areas, taking into account sound, emissions,
etc.
K. Have valid existing rights of use and access (rights-of-way).
Proposed Action
1. Motorized Trail Additions--The TNF currently manages and
maintains approximately 2,640 miles of NFS road and 760 miles of NFS
motorized trails. Based on the stated purpose and need for action, and
as a result of the recent
[[Page 18200]]
travel analysis process, the TNF proposes to add approximately 50 miles
to its NFS motorized trails, bringing the total National Forest system
of motorized trails to approximately 810 miles. The additional
motorized trails are listed below along with the permitted vehicle
class and season of use.
Motorized Trails Additions
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Length Permitted vehicle
Route ID (miles) class Season of use
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YRN-11.............................. 0.24 ALL................... Yearlong.
YRN-5abc............................ 0.30 ALL................... Yearlong.
YRN-1............................... 1.22 ALL................... Yearlong.
YRN-2............................... 1.40 ALL................... Yearlong.
YRN-4............................... 0.60 ALL................... Yearlong.
YRN-6............................... 0.79 ALL................... Yearlong.
SV-P4............................... 1.12 ALL................... Yearlong.
YRN-M3b............................. 2.65 Motorcyle only........ Yearlong.
SV-P12.............................. 0.59 ALL................... Yearlong.
SV-P13.............................. 0.90 ALL................... Yearlong.
SV-P14.............................. 0.37 ALL................... Yearlong.
SV-P14a............................. 0.27 ALL................... Yearlong.
SV-P15.............................. 1.16 ALL................... Yearlong.
SV-P17.............................. 0.57 ALL................... May 2 to October 31.
SV-P5............................... 0.41 ALL................... Yearlong.
SV-P7e.............................. 0.82 ALL................... Yearlong.
SV-P7w.............................. 0.53 ALL................... Yearlong.
SV-P19.............................. 0.17 ALL................... Yearlong.
SV-P8............................... 0.31 ALL................... Yearlong.
YRM-M4.............................. 0.26 Motorcycle only....... Yearlong.
SV-P18.............................. 0.59 ALL................... Yearlong.
TKN-J10............................. 0.37 ALL................... Yearlong.
TKN-J2.............................. 0.67 ALL................... Yearlong.
TKN-J3.............................. 0.38 ALL................... Yearlong.
TKN-J9.............................. 1.79 ALL................... Yearlong.
TKN-J12............................. 0.69 ALL................... Yearlong.
TKN-J13............................. 1.68 ALL................... Yearlong.
TKN-M3.............................. 2.83 Motorcycle only....... Yearlong.
TKN-M1.............................. 3.50 Motorcycle only....... Yearlong.
TKN-J4.............................. 3.36 ALL................... Yearlong.
TKN-J5.............................. 1.37 ALL................... Yearlong.
TKN-J6.............................. 0.17 ALL................... Yearlong.
YRS-AF.............................. 0.33 ALL................... Yearlong.
YRS-F1.............................. 1.07 ALL................... Yearlong.
YRS-G3.............................. 0.38 ALL................... Yearlong.
TKN-J14............................. 0.72 ALL................... Yearlong.
YRS-SF5............................. 3.94 Motorcycle only....... Yearlong.
YRS-SF6............................. 2.37 Motorcycle only....... Yearlong.
YRS-B12............................. 0.12 Motorcycle only....... May 2 to October 31.
YRS-B7.............................. 0.24 Motorcycle only....... May 2 to October 31.
TKS-M9.............................. 2.97 Motorcycle only....... Yearlong.
ARM-13.............................. 0.78 ALL................... May 2 to October 31.
ARM-2............................... 0.51 Vehicles 50'' or less May 2 to October 31.
in width.
ARM-5............................... 0.79 ALL................... May 2 to October 31.
ARM-7............................... 0.70 ALL................... May 2 to October 31.
ARM-3............................... 2.31 Vehicles 50'' or less Yearlong.
in width.
ARM-3a.............................. 1.49 Vehicles 50'' or less Yearlong.
in width.
TKS-11.............................. 0.91 ALL................... Yearlong.
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Total........................... 51.71 .....................................
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2. Motorized Open Area Addition--The Tahoe National Forest
currently has four areas designated open to wheeled motorized vehicle
use. The Tahoe National Forest proposes to designate one additional
area which would create a total of five areas open to wheeled motor
vehicle use forest wide. The additional motorized area is listed below
along with the permitted vehicle class and season of use.
Motorized Open Area Addition
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Area name Acreage Permitted vehicle class Season of use
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Eureka Diggings..................... 60 ALL.................... Year Round.
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[[Page 18201]]
3. Allowing non-street legal vehicle access to approximately 3
miles of an existing NFS road where such use is currently prohibited--
TNF maintenance level 3, 4, and 5 roads are subject to the Federal
Highway Safety Act. As a result, these roads are designated as open to
highway legal vehicles only. Maintenance level 2 roads are currently
designated as open to all vehicle classes. The TNF proposed the
following change in vehicle class:
Vehicle Class Addition
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Current permitted
Road Length vehicle class Proposed permitted vehicle class
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843-37 French Lake Road............. 3.4 Highway Legal Only..... All.
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4. Probition of wheeled motorized vehicle travel off the designated
NFS roads, NFS trails and areas by the public except as allowed by
permit or other authorization.
Maps and tables describing in detail both the TNF transportation
system and the proposed action can found at http://www.fs.fed.us/r5/tahoe/.
In addition, maps will be available for viewing at:
1. Supervisor's Office, 631 Coyote Street, Nevada City, CA 95959.
2. American River Ranger District, 22830 Foresthill Road,
Foresthill, CA 95631.
3. Yuba River Ranger District, 15924 Highway 49, Camptonville, CA
95922.
4. Sierraville Ranger District, 317 South Lincoln Street,
Sierraville, CA 96126.
5. Truckee Ranger District, 9646 Donner Pass Road, Truckee, CA
96161.
Responsible Official
Steven T. Eubanks, Forest Supervisor, Tahoe National Forest, 631
Coyote Street, Nevada City, California 95959.
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 change to the existing Tahoe National Forest
Transportation System and prohibit cross country wheeled motorized
vehicle travel by the public off the designated system.
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 the Federal, State, and local agencies
and other individuals or organizations who may be interested in or
affected by the proposed action.
The Notice of Intent is expected to be published in the Federal
Register on April 13, 2007. The comment period on the proposed action
will extend 30 days from the date the 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 September 2007. 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
Tahoe National Forest participate at that time.
The final EIS is scheduled to be completed in January 2008. In the
final EIS, the Forest Service is required to respond to substantive
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.
Substantive comments are defined as ``comments within the scope of the
proposed action, specific to the proposed action, and have a direct
relationship to the proposed action, and include supporting reasons for
the responsible official to consider'' (36 CFR 215.2). Submission of
substantive comments is a prerequisite for eligibility to appeal under
the 36 CFR part 215 regulations.
Comments 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 environmental impact statement will be
prepared for comment. The comment period on the draft environmental
impact statement will be 45 days from the date the Environmental
Protection Agency 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
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.
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);
[[Page 18202]]
Dated: April 5, 2007.
Steven T. Eubanks,
Forest Supervisor.
[FR Doc. 07-1779 Filed 4-10-07; 8:45 am]
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