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Forest Transportation System
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 12, 2001 (Volume 66, Number 9)]
[Notices]
[Page 3219-3241]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja01-155]
[[Page 3219]]
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DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AB67
Forest Transportation System
AGENCY: Forest Service, USDA.
ACTION: Notice of final administrative policy.
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SUMMARY: In conjunction with the final rule published elsewhere in this
part of today's Federal Register, the Forest Service is adopting a
final policy governing the national forest transportation system. This
action is necessary to ensure that National Forest System roads provide
for public uses of National Forest System lands; provide for safe
public access and travel; allow for economical and efficient
management; to the extent practicable, begin to reverse adverse
ecological impacts associated with roads; and meet all other current
and future land and resource management objectives. The intended
effects of this final policy are to ensure that decisions to construct,
reconstruct, or decommission roads will be better informed by using a
science-based roads analysis; that the availability of road maintenance
funding will be considered when assessing the need for new road
construction; and that, instead of focusing on constructing new roads,
emphasis will be given to reconstructing and maintaining classified
roads while decommissioning unnecessary classified and unclassified
roads. The direction is being issued as amendments to Forest Service
Manual Title 7700--Engineering, in Chapter 7700--Zero Code and in
Chapter 7710--Transportation Atlas, Records, and Analysis.
EFFECTIVE DATE: The directives are effective January 12, 2001.
FOR FURTHER INFORMATION CONTACT: Mike Ash, Deputy Director, Engineering
Staff, Forest Service, 202-205-1400.
SUPPLEMENTARY INFORMATION: The following outline displays the contents
of the Supplementary Information section of this policy document.
Background
Analysis and Response to Public Comments
Response to General Comments
Road management rule and policy
Adequacy of public involvement on the road management rule and
policy
Public and technical review
The roads analysis process
Accountability for managing forest transportation facilities
Validity of the data used to indicate the need to revise the policy
Demand for and supply of roads
Effectiveness of road restrictions and closures
Social and economic considerations
Motorized access
Effects of roads policy on the environment
Creation/expansion of roadless or unroaded areas
Recognition of improved road construction and maintenance techniques
Response to Specific Comments
Amendments to Forest Service Manual Chapter 1920--Land and Resource
Management Planning
Proposed Section 1920.5--Definitions
Proposed Section 1922.15--Resource Integration Requirements,
paragraph 20
Proposed Section 1922.15--Resource Integration Requirements,
paragraph 28
Amendments to Forest Service Manual Title 7700--Forest
Transportation System
Proposed FSM Title 7700--Chapter Zero Code
Proposed Section 7701.1--Coordination with Forest Planning
Proposed Section 7701.2--Revegetation
Proposed Section 7701.3--Transportation System Management
Proposed Section 7702--Objectives
Proposed Section 7703--Policy
Proposed Section 7703.1--Road Management
Proposed Section 7705--Definitions
Proposed Section 7709--Handbooks
Proposed Chapter 7710--Transportation Atlas, Records, and Analysis
Chapter title
Forest Road Atlas
Forest Transportation Atlas and records
Transportation analysis
The roads analysis process
Responsibilities for agency Responsible Officials
Roads analysis transition procedures
Specific comments on the regulatory certifications of proposed
policy
Cost-benefit analysis
Civil Justice Reform Act
No Takings Implications and Civil Justice Reform Act
Regulatory Certifications
Regulatory Impact
Unfunded Mandates Reform
Environmental Impact
Civil Justice Reform Act
Controlling Paperwork Burdens on the Public
Conclusion
Background
On March 3, 2000, the Forest Service published in Part III of the
Federal Register (65 FR 11676-11693) a proposed rule and proposed
administrative policy, which together were designed to improve the
management of National Forest System roads. Under the proposed rule,
the rules governing transportation planning and management (36 CFR Part
212) would have been modified as follows:
1. A transportation atlas would be required for each National
Forest System administrative unit to display the system of roads,
trails, and airfields needed for public access and agency resource
management.
2. The word ``development'' would be removed from the description
of roads and trails under Forest Service jurisdiction, to signal the
shift away from developing new roads to better managing existing roads
and access.
3. A science-based analysis process would be required to identify
the transportation facilities.
4. As part of road system management planning, agency officials
would be required to identify the minimum road system that is
commensurate with resource objectives, reflects likely funding, and, to
the extent practicable, minimizes adverse environmental effects
associated with road construction, reconstruction, and maintenance.
5. Equally important was the proposed rule's requirement to
identify unneeded roads that should be decommissioned and to give
priority to decommissioning those roads that pose the greatest risk to
public safety or environmental quality.
Simultaneously with the proposed rule, the agency published a
proposed administrative policy (65 FR 11684). That policy proposed to
integrate the process for determining transportation needs into the
forest land and resource management planning process (Forest
[[Page 3220]]
Service Manual Chapter 1920). The other changes would be issued as
amendments to Forest Service Manual Title 7700, entitled ``Forest
Transportation System,'' specifically to the Chapter Zero Code, and
Chapter 7710, which would be renamed ``Transportation Atlas, Records,
and Analysis.''
The focus of the proposed revisions to agency administrative
directives was to provide National Forest System road access in a
manner that can be efficiently managed within the capabilities of the
land. Coordination of transportation analysis and planning with State,
county, local, Tribal, and other Federal agency officials was an
important component of the proposed policy. Another key feature was
that the policy prescribes interim requirements for new road
construction in sensitive unroaded and roadless areas until the
findings of a comprehensive forest-scale, science-based analysis of the
road system is incorporated into forest plans.
Analysis and Response to Public Comments
Public comment on the proposed policy and rule was invited for a
60-day period ending May 2, 2000, and was extended an additional 15
days to May 17, 2000 (65 FR 24910). The Forest Service received
approximately 5,900 responses, consisting of letters from individuals,
postcards, form letters, petitions, e-mail messages, and resolutions.
The geographic distribution of responses received was as follows:
Western States--2,105; Mountain States--1,607; Central (Midwestern)
States--733; Southeastern States--279; Northeastern States--541; and
Unknown--581. Of the nearly 5900 total responses, 5505 were received
from individuals. Groups and organizations representing forest resource
users (grazing, timber, oil/gas/mining, and recreation) accounted for
134 responses and conservation and preservation groups submitted
another 97. Government agencies and elected officials accounted for 98
responses and are divided between: Tribal (6), Federal (16), State
(28), county (37), and local (11). There were an additional 34
responses received from groups or organizations that do not fit into
one of the previous categories.
Comments on the proposed administrative policy focused on both
broad topics reflecting the reviewers' forest management philosophies
and environmental values as well as on specific provisions of the
policy. Issues raised included such topics as: use of science-based
analysis, public involvement, definitions, local decisions, social and
economic impacts, and physical and biotic environmental effects of
access. Summaries of the significant general comments received and the
agency responses follow.
Response to General Comments
Use of Public Comments on the Proposed Rule and Policy
Several respondents wanted to know how public comments would be
used to develop the final rule and policy. Others asked specifically
whether the agency would use public input when finalizing the rule and
administrative policy.
Agency response: Each letter was read; coded by subject, content,
and demographics; and entered into a database. Comments were then
compiled in the database by subject and content and summarized as
``public concerns.''
These ``public concerns'' were reviewed and grouped into the
following categories: purpose and need, processes, relationships,
planning and implementation, forest management, social and economic
considerations, and environmental effects. The concerns were then
analyzed to identify whether they pertained to the proposed rule,
proposed policy, and/or the environmental assessment. The comprehensive
list of comments was further reviewed to ensure that all concerns were
considered. Changes made in the policy are based primarily on the
comments received in response to the proposals. While the agency does
not necessarily agree with all the comments, it did carefully consider
whether changes were needed and arrived at a rationale for its
responses. The Supplementary Information section of this final policy
summarizes comments and sets out the agency's response, including
whether or not and how the policy has been revised. Also, Appendix G of
the environmental assessment addresses comments received specific to
the environmental assessment.
The Adequacy of Public Involvement on the Proposed Road Rule and Policy
Some respondents thought the agency should have conducted more
public involvement with local residents and groups, provided better
public access to information, and conducted more outreach to rural
populations. Others requested more time to respond or even asked that
the final decision be delayed to permit additional public involvement.
Agency response: The final rule and administrative policy
incorporate the results of extensive public involvement both before and
after publication of the proposals. The agency used a variety of
methods to make information available to the public, including public
meetings, news releases, public mailings, and internet websites. Public
involvement efforts began in January 1998 with the announcement of the
intent to revise regulations concerning the management of the National
Forest Transportation System. Over 80,000 letters, postcards, and e-
mail messages were received in response to the January 1998
announcement. These public comments were used to assist the agency in
the development of the proposed rulemaking and the proposed
administrative policy published in the Federal Register (65 FR 11684)
on March 3, 2000. As previously noted, the initial 60-day public
comment period was extended for an additional 15 days at the request of
potential respondents (65 FR 24910). Therefore, the agency does not
believe additional public outreach or involvement is necessary.
Consistency and Technical Quality of Roads Analyses
Some respondents expressed concern that Forest Service roads
analyses would vary in quality and rigor and would lack credibility,
unless reviewed by outside scientists and other interested individuals
or entities. These respondents felt that the findings of roads analyses
would always be questioned and lack credibility because the process
provided the line officer considerable discretion in affecting the
outcome. These respondents proposed that the Forest Service form
technical review teams composed of a roads interdisciplinary team, a
roads analysis support team, external partners, and non-agency
scientists to review the roads analysis for scientific consistency and
quality and thus ensure that sound science is being applied. Others
wanted to know if the results of the roads analyses would be available
for public review.
Agency response: The roads analysis process is designed to provide
decisionmakers a sound, science-based procedure for analyzing road
management issues and concerns and for identifying road management
opportunities. The process is intentionally designed with enough
discretion to allow for adjustments in the scope and intensity of the
analysis for addressing individual resource situations and varying
issues. The agency's emphasis is not on whether all road analyses pass
the same ``quality or scientific rigor test,'' but rather that the
analyses effectively identify and address relevant road issues and
concerns
[[Page 3221]]
specific to the area being analyzed. An interdisciplinary team,
composed of appropriate subject matter specialists, will conduct each
roads analysis. In addition, participation by interested individuals,
groups, and governments in the analysis process is not only encouraged
but also will be a critical component of the success of the analysis.
The findings of the roads analysis will be integrated into other
ecological assessments either at the watershed scale, area, or higher
scale. Road-related issues, concerns, opportunities, and needs
generated as a result of the roads analysis will be disclosed and, when
appropriate, analyzed in an appropriate National Environmental Policy
Act (NEPA) decision process.
Roads Analysis Process
Some reviewers said that the roads analysis process would result in
duplicative work as well as yield inconsistent results.
Agency response: The roads analysis process integrates ecological,
social, and economic factors in addressing current and future road
needs. The roads analysis process provides a systematic, multiple-
scale, agency-wide approach to ensure that important road issues are
examined at the appropriate scale. The process is not intended to be
applied in a rigid fashion; in fact, given the diversity of the
landscape, resource conditions, and the social and economic conditions,
rigid application of a roads analysis process would surely fail;
rather, the process is intended to be tailored to fit real-life local
situations and analysis needs. Therefore, the results of an analysis
for one situation is not expected to be identical to an analysis for a
different situation. The process also should not be duplicative of
other data or work. To the extent possible, existing data are used in
the process but, depending on the scope of the issues and concerns,
additional information may be collected.
Accountability for Managing Forest Transportation Facilities
Many reviewers expressed resentment about how the Forest Service is
making access management decisions. These respondents claimed that the
public is being stripped of the right of access to National Forests and
Grasslands due to the Forest Service's inability to properly maintain
the road system. At least one respondent said that the Forest Service
should develop guidelines to assist local districts in the
implementation of the final policy. Several writers, while in full
support of the transportation policy, did not believe it would be
implemented effectively or completely. These respondents suggested that
a quota system be initiated that would require a net reduction in total
road mileage, schedule road decommissioning, prohibit new road
construction, set road density limits, and designate all lands closed
to motorized use unless specifically designated open.
Agency response: The agency believes the final Forest Service
Manual revisions provide clear guidance to field units. Forest Service
Manual Chapter 7710 establishes objectives and responsibilities for
analyzing transportation needs and issues. It also provides for
significant public involvement for identification of opportunities and
concerns, all of which strengthen the agency's and the public's ability
to hold Responsible Officials accountable for implementation. The
direction in the Forest Service Manual is the foundation for internal
reviews of policy and program implementation by field units. Therefore,
the mechanisms to provide oversight and ensure compliance are already
in place. The agency does not agree that a general prohibition on new
road construction or that a quota system for road decommissioning is
appropriate. Local, forest-level access and resource management needs,
identified within a forest planning framework, should direct road
management network decisions. As opposed to specific prohibitions on
road construction in inventoried roadless areas, which are under
consideration, a general, agency-wide ban on any new roads in the
National Forest System is excessive and unduly rigid.
Validity of Agency Statements About the Need To Revise the Policy
Some respondents expressed concern about the validity of the data
used to determine the need to revise the transportation policy.
Specifically, these respondents challenged the basis for the statements
related to demand and use of National Forest System lands, and the
assumption that roads have caused environmental damage. Others
challenged the degree to which roads are needed for ongoing management
of National Forest System land, such as for forest health, fire
management, or resource uses.
Agency response: The information and data used to identify the need
to revise this administrative policy were collected from several
sources. Forest Service researchers and resource specialists reviewed
scientific literature to identify the latest research involving the
environmental, social, and economic effects of existing roads and road
construction, reconstruction, decommissioning, and maintenance. This
literature review helped identify the latest recreational demand and
supply trends and attitudes about roads on National Forest System
lands. Analytical tools for assessing road-related effects on physical
and biological resources were also explored. These efforts, in
conjunction with other known information (including road-related
resource problems, budget limitations and trends, and associated
maintenance backlogs) all indicated that the agency needed to change
how it manages the transportation system. It should be noted that
respondents challenging data and assumptions provided no data or data
sources to support their assertions.
The Demand for and Supply of Roads
Many respondents were concerned with the juxtaposition of the
agency's projected increase in public demand for roaded and unroaded
recreational use on National Forest System lands with the projection of
fewer open road miles to accommodate that demand. Some questioned
whether the agency was intentionally reducing the supply of roads to
reduce demand. Others were concerned with potential adverse
environmental effects of confining more users to a smaller available
land base and urged that the agency preserve access options in order to
provide a variety of travel-ways on National Forest System lands and to
diffuse access impacts over a broader land base.
Agency response: The National Forest Transportation System is
vitally important to the management of National Forest System lands and
is essential to many rural communities and land owners as well as to
recreationists and other resource users. The agency seeks to find a
balance between the need for public and administrative access to these
lands and the environmental costs and benefits associated with
providing that access to these lands. The final policy retains the
requirement to use a roads analysis process in conjunction with
ecosystem assessments that support project activities or forest
planning. The roads analysis process encourages the active engagement
of local citizens, interested organizations, and other Federal, State,
Tribal and local governments to identify and assess both short- and
long-term road needs. This collaborative effort will help to ensure
that important environmental issues and concerns, as well as road
supply issues and concerns, are addressed in a reasonably balanced way.
An emphasis on
[[Page 3222]]
maintaining the existing road system will better enable the Forest
Service to focus its resources on maintaining and reconstructing those
roads most important to the public.
The Effectiveness of Road Restrictions and Closures
In response to the proposal to ``aggressively'' decommission roads,
many respondents believe that a lack of enforcement of previous road
decisions is a major factor behind the agency's inability to
effectively manage its current road system. Many others noted that by
closing access to more areas, fewer members of the public would use
National Forest System lands. Others stated that, despite the potential
for increased fines, many forest users would ignore road closures due
to lack of enforcement of those closure orders. Others indicated that
the law-abiding majority of forest users are ``bearing the punishment''
of road closures, when roads are closed to deter the reckless, illegal
behavior of a few.
Agency response: The roads analysis process adopted for use in the
final policy is designed to help forest officials better address issues
associated with road and access management. Conducting the process with
local public and governmental involvement should help officials more
clearly define road issues, including restriction or closure
alternatives, how the restrictions would be implemented, and the
relative effectiveness of road restrictions, closures, and
decommissioning.
Motorized Access
Motorized recreationists felt that they were being singled out and
forced to bear the majority of the access restrictions on public lands,
when their impacts are relatively small compared with other activities.
They stated that the analysis should consider the full breadth of
motorized and non-motorized recreational needs.
Agency response: Motorized and non-motorized allocation issues,
needs, and concerns are appropriately addressed at the local level
during the forest or project planning process. The roads analysis
process, which is intended to be an open process involving all who are
interested in, or affected by, road decisions will be used to inform
forest planning road management decisions.
Environmental Effects of Roads Policy
Many respondents wanted the Forest Service to analyze the effects
of roads and road management actions on the environment, including on
watersheds, riparian areas, fisheries, soils, wildlife, recreational
opportunities, and threatened and endangered species. Some reviewers
indicated that more environmental damage might be caused by
decommissioning roads than by leaving them alone.
Agency response: Roads analysis allows objective evaluation of the
physical and biotic environmental effects, as well as of the social and
economic effects, of potential road construction, reconstruction,
decommissioning, and maintenance actions. The roads analysis process
incorporates early identification of potential effects in the site-
specific, project-level, decisionmaking and forest planning processes.
Therefore, it will help planners recognize those situations where the
adverse effects (costs) would outweigh the benefit. This analysis
process allows the agency to identify potential issues and
opportunities and the options for addressing them.
The Creation/Expansion of Roadless or Unroaded Areas
Many reviewers concluded that road decommissioning could lead to
the creation or expansion of inventoried roadless or unroaded areas.
These reviewers felt that future entry into these areas could be
precluded and that the area could then be considered roadless or
unroaded depending on the size of the area and proximity to existing
roadless or unroaded areas. These respondents said that in cases where
roads pose an environmental risk because of location or initial
construction standards, the risks might force road closures. They said
that relocation of the road might be impossible because of newly
created unroaded areas.
Agency response: Decommissioning roads may result in an increase in
the amount of land that is unroaded. Decommissioning does not, however,
change the underlying allocation or assigned use for that land.
Currently approved activities in areas where roads are decommissioned
would continue until, and unless, forest plan direction is amended to
preclude these activities. Environmentally damaging roads may be
relocated if such an action was consistent with the current forest plan
direction. It is possible that some unroaded lands could, at some
point, be designated Wilderness areas by Congress, but such a
designation is not a foregone conclusion. The majority of decisions
related to areas that have decommissioned roads would be made at the
local forest planning level and, therefore, conflicting viewpoints
would be addressed.
Recognition of Improved Road Construction and Maintenance Techniques
Some respondents said the Forest Service should acknowledge that
improved techniques for road layout, design, construction, and
maintenance have been used on national forests in recent years and that
these improved techniques have resulted in fewer road-related
environmental impacts.
Agency response: The agency agrees that road construction
techniques used today result in fewer and less intensive adverse
environmental impacts than did earlier construction techniques.
However, this new technology does not address the problem that the
national forests contain over 380,000 miles of classified roads, one-
quarter to two-thirds of which are more than 25 years old. It is highly
likely that many of these existing roads do not meet current standards
for safety or environmental protection. It is critical, therefore, that
the agency focus its resources more on maintenance and reconstruction
of needed roads and less on new construction.
Specific Comments
In addition to the preceding general comments, the agency received
specific substantive comments by code and caption of the proposed
policy. Summaries of those comments and the agency's responses follow.
The discussion of comments and agency responses is organized according
to the coding of the proposed policy.
Amendments to FSM Chapter 1920--Land and Resource Management Planning
This chapter of the Forest Service Manual provides definitions and
implementing policy for National Forest System lands and resource
management planning processes. Implementation of the road management
strategy as described in this final administrative policy will occur
chiefly through forest plan amendment or revision. Therefore, direction
is needed on how forest planning teams integrate consideration of the
forest transportation system into the planning process.
Proposed Section 1920.5--Definitions
The terms ``unroaded areas'' and ``inventoried roadless areas''
were proposed to be added. The terms were essentially the same as used
in the agency's proposed forest planning rule (64 FR 54073). No
comments were received on the definition section of the proposed
policy. However, the agency has revised both definitions to be
identical to the definitions used in both
[[Page 3223]]
the Land and Resource Management Planning and Roadless Area
Conservation Final Rules.
Proposed Section 1922.15--Resource Integration Requirements
The proposed policy added a new paragraph 20 for planners to
identify the access requirements and travel management options
available to meet resource management objectives for each management
area prescription within the forest plan and to identify road
management opportunities to be considered. No comments were received on
this paragraph; therefore, this paragraph is adopted without change.
Proposed paragraph 28 required that management prescriptions
protect values associated with unroaded conditions. Examples of those
values included such actions as providing barriers to invasive species
and ensuring biological diversity. No comments were received on this
paragraph; however, the agency has dropped this paragraph from the
final policy in deference to the final Land and Resources Management
Planning Final Rule, which addresses protection of roadless values.
Amendments to Forest Service Manual Title 7700--Forest Transportation
System
Proposed FSM Title 7700--Chapter Zero Code
This chapter of the Forest Service Manual establishes the
overarching, broad authorities, objectives, policy, responsibilities,
and definitions for planning, operating, maintaining, and
decommissioning forest transportation system facilities. Throughout
this chapter, references to ``development'' were proposed to be removed
to reflect a shift in administrative policy from ``road development''
to ``managing access within the capability of the land.''
Comment: Several respondents objected to the removal of the word
``development'' from the rule and administrative policy, claiming that
the removal was an agency tactic to deceive the public merely by using
new terms. Others agreed that the change was in alignment with the
proposed change in management emphasis.
Agency response: Removing the word ``development'' to reflect a
shift in policy from ``road development'' to ``managing access within
the capability of the land'' is a fundamental element of this
administrative policy and the accompanying final rule. There is no
attempt to deceive the public. To the contrary, we are displaying our
intention publicly and subjecting it to comment. Therefore, no change
has been made in the final policy, except to add a reference to the
Manual section guiding road analysis
Proposed Section 7701-7701.3--Coordination With Forest Planning
This section cites the legal authorities that apply to
Transportation Planning Management. No comments were received on
section 7701.1 and no changes have been made to this section of the
final policy.
Proposed Section 7701.2--Revegetation
This section addresses statutory requirements for revegetating non-
permanent roads when activities are completed. In the draft policy, the
agency used the term ``prescribes the revegetation of unnecessary
roads.''
Comment: Several respondents noted that the Forest and Rangeland
Renewable Resources Planning Act section 10(b) requires
``revegetation'' of ``non-permanent'' roads.
Agency response: The agency agrees with the comment. To more
accurately reflect the intent of the law, the final policy is revised
to read ``The Forest and Rangeland Renewable Resources Planning Act
directs that roads be designed to standards appropriate for intended
uses and requires the revegetation of roads within 10 years of the
termination of temporary and undeveloped roads created under contract,
permit, or lease.''
Proposed Section 7701.3--Transportation System Management
This section identifies the statutory and regulatory authorities
for transportation system management. The second authority cited in
this section is the Highway Safety Act of 1966.
Comment: Respondents wanted the word ``directs'' changed to
``authorizes'' in paragraph 2 of this section. They indicated that the
Highway Safety Act authorizes, instead of directs, federal agencies to
do certain activities.
Agency response: The agency agrees that the use of the word
``directs'' was inaccurate and has revised the text of the final policy
to this effect.
Proposed Section 7702--Objectives
This section identifies the management results to be achieved
through transportation system management. The proposed policy sought to
refine the management objectives to emphasize environmental protection
and to consider ecosystem values in forest transportation system
management.
Comment: Some respondents stated the objectives were too narrow and
should include specific resources or uses to be served by the
transportation system (timber, utility corridors, developed and
dispersed recreation, cross-country ski corridors, wildlife corridors,
etc.). Other comments indicated the need to clarify text or reorder the
list of objectives.
Agency response: The agency disagrees with the need to list
specific resources or uses. However, consistency with Forest Plans has
been added to better reflect the agency's intent to consider all
pertinent uses and resources in the planning process. The coding
hierarchy and content standards applicable to FSM Title 7700 is
intended to list the basic transportation management outcomes. The
order of the objectives was not changed in the final policy because,
taken together, they accurately represent agency objectives.
Proposed Section 7703--Policy
This section sets forth the broad policies that are intended to
guide decisions about road activities. These policies overlay all of
the subsequent directives in Title 7700, not just Chapter 7710, which
is being revised. Section 7703 implements the requirements of 36 CFR
212.5(b)(1) by specifying that the minimum transportation system is the
system that best serves current and anticipated land and resource
management objectives and public uses considering current and future
funding levels.
Comment: Many respondents were deeply concerned about the proposed
policy direction to ``provide the minimum forest transportation
system.'' They questioned the ability of the agency to effectively
manage forest resources long-term while reducing road access. Others
objected to a reduction in roads that are open to public use,
predicting an adverse effect on public access and recreational use on
National Forest System lands. Some respondents emphasized the need for
coordination and requested that addition to the policy.
Agency response: By ``minimum system,'' the agency did not mean no
new roads or other new transportation facilities or that a majority of
roads would be decommissioned or converted to other uses. Rather, the
agency intends the minimum system of roads is one that meets needed
access needs while protecting healthy ecosystems. Furthermore, the text
defines ``minimum transportation'' as the system needed to best serve
(emphasis added) current and anticipated management objectives and
public uses as identified in forest plans. Any amendment or revision of
forest plans
[[Page 3224]]
will involve NEPA compliance and full public involvement. Therefore, in
response to concerns about coordination, the agency has retained this
text in the final policy, has replaced the term ``forest officers''
with ``Responsible Officials,'' and has added language to demonstrate
the expected coordination with other transportation agencies.
Proposed Section 7703.1--Road Management
This proposed section provided direction to conduct a roads
analysis when considering proposals to construct new roads, to
reconstruct or decommission existing roads, or to change road
classifications. The proposed policy also would require use of a roads
analysis to identify priorities for reconstructing and maintaining
needed roads and decommissioning unneeded roads.
Comment: Some respondents stated that new road construction should
be very limited or not allowed at all, while others felt there should
be few restrictions on building new roads. By contrast, a number of
other respondents felt that the $8.4 billion of road maintenance
backlog and decommissioning of all unneeded roads should be completed
before any new roads are constructed. Others wanted to have these road
management options addressed more thoroughly, in order to delay the
closing of roads to the public. A few respondents said that an
objective process has not been established for identifying (1) whether
new roads are needed, (2) which existing roads should be reconstructed,
maintained, or decommissioned, and (3) how priorities should be
established. Other respondents had questions about how the road
management policy and the use of a roads analysis would consider other
motorized and non-motorized uses.
Agency response: The agency notes the disagreement over how
decisions about new roads should be made and recognizes that the
process for making these decisions needs to be clarified. New language
has been added to the final policy to direct the use of a roads
analysis to address both access benefits and related ecological costs,
giving priority to reconstructing and maintaining needed roads while
decommissioning unneeded roads. This section now clarifies when a roads
analysis must be conducted and provides a requirement to include an
economic analysis that addresses both initial and long-term costs.
The bulk of direction that was in FSM 7703.1 of the proposed
policy, has been placed under section FSM 7703.2 entitled ``Management
Opportunities.'' This section gives more specific direction for
maintaining and constructing needed roads, decommissioning unneeded
roads, and adding new roads. New language has been added to paragraph 1
to explain how temporary and unclassified roads are to be considered
when making decisions about road maintenance. A discussion relating to
those roads follows under ``Proposed Section 7705--Definitions.''
In the final policy, paragraph 3 of FSM 7703.2 entitled ``Adding
New Roads'' has been revised to make clear where decisions to add new
roads to the transportation system are appropriate. Language has been
added to clarify that new roads newly acquired through land acquisition
transactions are subject to the same analysis and justification if they
are to be placed in the Forest Transportation System only where
resource management objectives, environmental impacts, and benefits
associated with a new road have been carefully considered and
documented. A requirement to consider motorized and non-motorized uses
during the transportation system analysis has also been added in
response to comments received.
Proposed Section 7705--Definitions
The proposed policy added new definitions pertaining to road
management, updated and revised existing definitions, and removed the
word ``development.''
Comment: Many respondents were concerned about the definitions of
key terms used in the proposed administrative policy. Several
respondents requested that the road definition be clarified before
finalizing the rule and policy. Others offered suggestions as to what
that definition should be. A number of respondents were confused over
the terms ``classified'' and ``unclassified'' roads and asked which of
these categories included temporary roads. Respondents recommended that
the agency use the term ``National Forest System Road'' in place of the
term ``Forest Road.'' Additionally, some respondents wondered if a road
could be redesignated as a trail if it was no longer needed as a road.
Agency response: The agency agrees that clarification of some of
the terms and definitions is needed. Definitions of ``roads,''
``classified roads,'' ``unclassified roads,'' ``transportation atlas,''
``new road construction,'' ``temporary road,'' and ``forest
transportation facility'' were revised in the final rule at 36 CFR
212.1 published elsewhere in this part of today's Federal Register. The
administrative policy includes revised definitions for ``forest
transportation system management,'' ``new road construction,'' ``road
reconstruction,'' ``road improvement,'' ``road realignment,'' ``road
maintenance,'' ``roads subject to the Highway Safety Act,'' and
``transportation facility decommissioning''. The proposed definitions
for ``public roads,'' ``Forest Road'' ``Forest Service Trail,'' and
``transportation facility jurisdiction'' have not changed. FSM 7705
Exhibit-01, entitled Road Terminology Relationships, which appears at
the end of this document, has been retained and updated to clarify road
terminology relationships. The following terms have changed between the
draft and final policy in response to concerns expressed in public
comment and to clarify agency intent. The new terms in the final policy
and how the proposed terms were modified are as follows:
National Forest System Road--This was entitled ``Forest Service
Road'' in the proposed policy. The new term reflects that National
Forest System roads serve National Forest System lands.
Forest Transportation Facility--This term was named Forest
Transportation System in the proposed policy. Instead, the final policy
refers to ``facility'' instead of system and includes other necessary
transportation facilities, such as bridges, parking lots, and other
appurtenances.
Forest Transportation System Management--This definition has been
revised slightly to reflect changes in other definitions.
New Road Construction--The text has been revised to remove the
reference to investment, which was confusing and not relevant in
defining the term. Additionally, the definition has been modified to
clarify that classified and temporary roads are included in this
category.
Road Reconstruction--This term has been simplified by removal of
the subcategory definition for rebuilding.
Road Improvement--The text has been changed to remove the reference
to investment and clarify that improvement includes expanding the
road's capacity or changing the original design function.
Road Realignment--The definition has been streamlined.
Road Maintenance--The definition has been simplified to remove any
ambiguity as to the meaning of this term.
Roads Subject to Highway Safety Act--This definition has been
modified
[[Page 3225]]
to reflect the change from ``Forest Service roads'' to ``National
Forest System roads.''
Road Decommissioning--This term was ``Transportation Facility
Decommissioning'' in the proposed policy. The terminology has been
revised to clarify that the objective of decommissioning is to remove
unneeded roads and begin restoration.
The definition in the proposed policy for the term ``Rebuilding''
has been removed from the final administrative policy because it is a
component of reconstruction or maintenance and is no longer needed as a
separate definition.
During the last year, the Forest Service has adopted new common
terms and definitions for maintenance and construction based on
standards developed by the Federal Accounting Standards Advisory Board.
These generic terms are now being applied in inventorying, budgeting,
and accounting for all fixed assets under Forest Service jurisdiction,
including the National Forest transportation system. The terms and
definitions used in FSM 7705, though slightly different, are not
inconsistent with the new common financial management terms and their
definitions. The agency is assessing all its transportation directives
to determine what changes in Forest Service Manual and Handbook
terminology are needed. However, this effort exceeds the scope of these
revisions to road management directives.
Proposed Section 7709--Handbooks
The proposed policy lists Forest Service Handbook Section 7709.56
as a reference. The only change to this section was to remove the term
``development'' to be consistent with the change in focus in the
agency's transportation system and redefining Forest Service road as
National Forest System road. No substantive comments were received on
this proposed change, and this section is adopted as proposed.
Proposed FSM Chapter 7710--Transportation Atlas Records and Analysis
Based on comment and further review of this policy, the agency has
decided to restructure this chapter, revising some of the captions and
expanding and clarifying the direction. The substantive changes to the
direction are based on public comment received or on the need to be
consistent with other current regulatory initiatives. The significant
changes are as follows: (1) A clarification that temporary roads are
considered necessary for management of National Forest System
resources; (2) an emergency exemption from the interim requirements
(transition) for catastrophic events and responses or restoration under
the Comprehensive Environmental Responsibility, Compensation, and
Liability Act; and (3) the requirement that each national forest and
grassland complete the forest-scale road analysis process in 2 years.
The comments and agency responses on the proposed direction at FSM 7710
are arranged according to the issues raised by the respondents.
Change in the Chapter 7710 Title
Some respondents questioned the need to change the title of the
chapter, while others wondered if transportation planning was being
replaced by the roads analysis process.
Agency response: The title of Chapter 7710--Transportation Atlas,
Records, and Analysis has been retained in the final policy as it was
proposed in the administrative policy. This chapter contains
objectives, policies, responsibilities, and requirements for analyzing
and documenting the transportation system. The agency feels that the
title better reflects the overall transportation management program
since transportation planning is only one aspect of the program.
Forest Road Atlas and Records
Similar to comments on Section 7705 noted above, respondents were
concerned primarily with which roads would be tracked in the atlas:
classified, unclassified, or both. Others were unclear how and where
temporary roads would be tracked. Some respondents suggested periodic
updates to the road atlas be required, such as annually or every 5
years.
Agency response: All classified and unclassified roads are required
to be included in the road atlas. Including unclassified roads in the
atlas will provide the mechanism needed to track the prioritization,
scheduling, and decommissioning of unclassified roads. The inclusion of
unclassified roads in the road atlas is necessary for roads analysis
and identification of road management opportunities and priorities.
Their inclusion in the atlas does not mean that they are part of the
official forest transportation system. The agency recognizes that
temporary roads are usually short-term in duration (often less than 1
year) and are required to be managed and tracked with the project or
activity in which they are authorized. Therefore, temporary roads will
not be required to be included in the forest road atlas unless the
agency decides to retain a temporary road as a classified road after
the permitted use ceases. The National Forest Management Act (NFMA)
requires that these roads be designed to reestablish vegetative cover
within 10 years of the termination of the authorization unless
converted to other uses.
The agency does not agree that the atlas should be updated at set
periods. Atlas updates are intended to be an ongoing activity as road
inventories, analyses, and road-related decisions are implemented.
Comments: Some respondents wanted to have accurate maps available
that would show the current status of the road system. Others wanted to
have the tabulated road inventory accurately reflect the existing road
system. Some wanted to know the difference between the transportation
atlas and road atlas.
Agency response: As noted in the final rule which appears elsewhere
in this part of today's Federal Register, each administrative unit will
be required to prepare and maintain a transportation atlas which
consists of geo-spatial, tabular data, and other associated information
for National Forest System roads, trails, and airfields. This final
policy further defines the transportation atlas to include separate
road atlas, trails atlas, and airfield atlas. In the road atlas, the
travel status of each road (whether it is managed as open, restricted,
or closed) must be identified. The atlas will be updated through
ongoing inventories or project and land management planning, and it
will be the source for updating maps prepared for public use, such as
the Forest Visitor Map. Information in the atlas will be available to
the public.
Comment: Respondents emphasized the need to standardize information
on roads and bridges, including physical, operational, usage,
performance, and safety characteristics.
Agency response: The agency agrees and believes that Section
7712.5--Road Management Objectives, as written in the final policy,
establishes the standards for road information.
Transportation Analysis Process
Some respondents wanted the transportation analysis process
clarified, while others expressed concerns about coordination and
review of the transportation analysis process and results. Still others
expressed the need for planning and analysis process accountability.
Agency response: The agency agrees with the need for clarity and
accountability of the planning and analysis process. Therefore, Section
7712--Transportation Analysis has been rearranged with minor text
changes and additions.
[[Page 3226]]
Comment: Respondents said the road management policy needs to
address social, economic, and environmental values in transportation
planning and analysis and needs to use the findings from transportation
planning to update forest plans.
Agency response: The final administrative policy includes
objectives, which specify that social, economic, and environmental
values must be considered as part of the roads analysis. Section
7712.12 of the final policy clarifies how transportation analysis,
which includes road analysis, contributes to the planning process.
Also, in recognition of the importance of roads analysis, a requirement
has been added in section 7712.15 for each National Forest System
administrative unit to complete a forest-scale roads analysis within 2
years.
Roads Analysis Process
Some respondents expressed confusion about the various scales and
scopes of roads analysis.
Agency response: In response to these concerns, the Forest Service
took a fresh look at the proposal and concluded that the proposal
scattered direction about scale and scope of roads analyses in a number
of sections and that reorganizing to consolidate this direction into
fewer sections would improve the utility of the directives. An outline
of the reorganized chapter 7710 showing sections that address scope and
scale of roads analysis is set out in the conclusion of this preamble.
Comment: Most respondents supported the concept of using the roads
analysis process. Respondents wanted the process to be either more
prescriptive or less prescriptive, depending on their views of how
National Forest System lands should be managed. Some respondents were
confused about how the analysis process would be used.
Agency response: Roads analysis initiates a process that leads to
the identification of road-related issues and relevant analysis
questions. These issues and questions, when analyzed and answered, will
help to ensure that Responsible Officials are well informed when making
road construction, reconstruction, decommissioning, and road priority
decisions. Roads analysis is issue-driven and capable of examining
issues at various scales. Issues may be identified by the public,
local, and Tribal governments, State officials, other Federal agencies,
or the Responsible Officials.
In considering, these comments on the roads analysis process, the
Forest Service has given considerable attention to revising
descriptions of the various levels of analyses and the compliance
requirements. These are set out at FSM 7712. FSM 7712.1 cites the Roads
Analysis: Informing Decisions about Managing the National Forest
Transportation System (USDA Forest Service, 1999, Misc. Rep. FS-643) as
a current standard for the roads analysis process. The final policy
requires the use of this analytical process unless an alternative
process is approved by the Deputy Chief for the National Forest System.
In response to confusion about the use of the roads analysis
process, a new paragraph has been added at FSM 7712.11 to better
describe the expectations and outcomes of a roads analysis. This new
text specifies that the product of a roads analysis is a report that
documents the information and analysis methods used to identify road
opportunities, needs, and recommended priorities for National Forest
System roads.
Responsibilities for Agency Officials
Some respondents asked why alternatives to conducting a roads
analysis must be approved at the Deputy Chief level.
Agency response: The final policy (FSM 7712.1) adopts the report
Roads Analysis: Informing Decisions About Managing the National Forest
Transportation System (USDA Forest Service, 1999, Misc. Rep. FS-643) as
a current standard for conducting roads analysis, just as proposed. The
agency expects that engineering and environmental science and our
understanding of these sciences will continue to grow; therefore, it is
important to preserve the flexibility to incorporate new information
into the roads analysis process as it is developed or to adopt new
analytical processes. Placing responsibility for approving alternative
roads analyses at the Deputy Chief level ensures that any new processes
will meet the high standard for science-based analysis established by
the current standard. Consequently, no changes have been made to the
final policy regarding approval for using an alternative analytical
process.
Comment: A number of respondents emphasized the importance of
public involvement as a Forest Supervisor's responsibility. They also
requested a timeline for completion of road inventories in preparation
for forest plan revisions. Other comments indicated the need to clarify
text regarding the Forest Supervisor's responsibilities.
Agency response: The final policy adds public involvement as a
component of a Forest Supervisor's responsibility. Also, this section
has been reorganized to reflect the normal sequence of transportation
planning and analysis requirements.
Roads Analysis Transition Procedures Comments
Most of the comments received concerning the transition language
related to the sensitive roadless and unroaded areas included in the
proposed policy. Some respondents were confused as to how specific
projects and forest plans would be affected by the transition language.
Some respondents urged the agency not to exclude or exempt any forests
or combinations of forests, such as the Tongass National Forest or
forests within the Northwest Plan area, while others wanted more
exemptions. Many respondents questioned including the roadless-related
direction in the policy when the agency already had an ongoing
rulemaking specifically for roadless areas.
Agency response: For clarity, the term ``Transition Procedures,''
as used in the draft policy, has been changed to ``Interim
Requirements'' in the final policy. The agency carefully considered
whether or not to remove the ``transition procedures'' for road
construction and reconstruction in roadless and unroaded areas and this
direction has been retained in the final policy at FSM 7712.16 to
ensure that the values associated with these sensitive areas are fully
considered within the context of forest planning. Without the interim
requirements, these areas could be subject to an incremental project-
by-project risk of degradation. Also, the final policy adds a new
section (FSM 7712.15) to address compliance deadlines for completing
forest-scale roads analyses and clarifies at FSM 7712.13-13d how the
analyses are to be used to inform forest planning and project
decisions.
Finally, pursuant to Section 7712.16b of this final road management
policy, the Alaska Regional Forester has the discretion to determine
whether a compelling need exists, as defined by this section, for a
specific road construction project in the Tongass National Forest. The
exercise of that discretion may result in a finding that no compelling
need exists, in which case the proposed road would not be built, or in
a determination that a compelling need does exist for construction of
the road. In either case, the determination will be made based upon
consideration of the provisions of the Tongass Land Management Plan,
including the goal of seeking to meet the
[[Page 3227]]
market demand for timber from the Tongass National Forest.
Specific Comments on the Regulatory Certifications of the Proposed
Policy
Comments Concerning Social and Economic Considerations
Some respondents felt that the final policy did not adequately
address the social and economic effects of decommissioning and closing
roads. They believed the Forest Service should reconsider the economic
effects of the road policy. Other respondents felt forest roads should
be kept open for the economic viability of the surrounding communities
and some expressed fears of losing resource-related jobs. Others
expressed the need to protect the non-commodity values of National
Forest System lands. Respondents said the Forest Service should
consider the social ramifications of the transportation policy and how
its implementation would affect the quality of life for those who
favored more roads as well as for those who favored fewer roads.
Agency response: To the extent practicable, the agency has
considered the social and economic effects of adopting this final
policy. The final rule and policy provide guidance for transportation
planning, but do not dictate local land management decisions.
Therefore, the costs and benefits associated with the final rule and
policy are described qualitatively in most cases and are limited to
predicting the direction of change due to their implementation. The
only exception to this limitation was the potential effects on timber
harvesting, in which case, the maximum potential effects were
estimated. A detailed cost/benefit analysis for the final rule and
policy may be found in Appendix E of the National Forest System Road
Management Strategy Environmental Assessment available as indicated
under the ADDRESSES section of this rule.
Comments Concerning Takings Implications and Civil Justice Reform Act
Some respondents said that the No Takings Implications and Civil
Justice Reform Act statements are incorrect because inaccurate Roadless
Area Review and Evaluation (RARE II) inventories have resulted in
inaccurate roadless delineations. They also believe the road management
rule will result in the taking of private property rights by
restricting access to mining claims, private and native in-holdings,
and other rights of ingress and egress by closing county and permitted
roads through and within National Forest System lands. Others were
concerned that access for other Federal, State and local agencies would
be restricted by decommissioning roads.
Agency response: The agency recognizes that changes have occurred
since the RARE II inventories were completed and that, on some forests,
portions of inventoried roadless areas have been roaded as a result of
forest plan decisions. The final rule requires a roads analysis that
will identify needed and unneeded roads, road maintenance priorities,
and other road-related resource concerns. Updating existing road
inventories must be conducted as part of the roads analysis process.
The final roads rule and the accompanying final administrative policy
honor access to private property pursuant to statute and to outstanding
or reserved rights and do not retroactively affect existing permits,
contracts, or other instruments authorizing the occupancy and use of
National Forest System lands. This includes reasonable access to
private land in-holdings. Forest Service officials must conduct a roads
analysis to determine the minimum road system needed to achieve
management goals and objectives. As part of that analysis, the agency
requires the Responsible Official to seek to involve interested and
affected citizens and organizations, including businesses, in the roads
analysis and subsequent NEPA processes. Road decommissioning decisions
will be made on a local basis, with public involvement, and will take
into account access needs of State, county, and Tribal governments.
Comment: Some respondents stated that statements contained in the
Civil Justice Reform Act (CJRA) section of the proposed rule raised the
question of how much weight public involvement would be given in the
process. One respondent said that the ability to ignore other
governmental requirements seems to grant unwarranted authority to
follow a predetermined course of action without heeding local concerns.
Agency response: The agency has already responded to the use of
public comments earlier in the Supplementary Information section.
Additionally, the language of the CJRA certification was drafted as a
model for use by all USDA agencies. However, the public has
understandably found the language confusing because it is drafted in
the negative. While this language is appropriate for a codified rule,
it is of questionable relevance to the adoption of administrative
directive. As a matter of agency policy, Forest Service Manual
direction is issued for Forest Service employees only. It doesn't
regulate the actions of others, and therefore, would never preempt
state law in and of itself. Accordingly, this paragraph has been
substantially revised in this final rule.
Regulatory Certifications
Regulatory Impact
The final administrative policy has been reviewed under USDA
procedures and Executive Order (E.O.) 12866 on Regulatory Planning and
Review. The Office of Management and Budget (OMB) reviewed the final
policy and has determined that the final policy, in concert with a
final rule published separately in today's Federal Register, are a
significant action as defined by E.O. 12866 because of the importance
of the National Forest road system and the strong public interest
expressed. A cost-benefit analysis was prepared as part of the
environmental assessment on the proposed rule and policy revisions. The
environmental assessment, including the cost-benefit analysis, has been
updated in response to public comment and to conform to the final rule
and policy revisions. A summary of the cost-benefit analysis follows.
The final policy revisions encourage the investment of scarce road
management funds in a National Forest road system that best provides
access for the current and anticipated management objectives and public
uses of National Forest System lands. The final policy emphasizes
investing in reconstructing and maintaining needed roads while
decommissioning unneeded roads. New road construction must be supported
by a roads analysis. Although this final policy requires that the
agency use a new roads analysis when making decisions about road
construction, reconstruction, and decommissioning, the agency currently
conducts various types of transportation analyses in the context of
NEPA requirements or other forest planning assessments. Thus, the
agency does not expect a significant increase of administrative costs
due to new administrative requirements under this final policy. The
costs and benefits associated with this final rule were described
primarily in qualitative terms. Since the rule does not result in any
land management decisions, the effect of the rule on the flow of goods
and services will be further evaluated in the roads analysis and other
planning analyses. Implementation of the final rule is expected to
improve water quality, air quality, and wildlife and fish habitat. The
spread of noxious weeds and invasive plants should be reduced.
Increased emphasis on road decommissioning may reduce recreation access
in some situations. However, this reduction in access would likely be
[[Page 3228]]
offset by increased emphasis on maintaining existing roads and
improving access in other areas. Remote recreation settings found in
contiguous unroaded areas will be protected during the interim
requirement period.
The agency anticipates that the final roadless area conservation
rule will supercede the interim requirements of section 7712.16b of
this final policy for inventoried roadless areas, except for the
Tongass National Forest. Therefore, during the interim requirements
period, decisions regarding access that would require roads will be
limited to contiguous unroaded areas on all National Forests except for
the Tongass National Forest. In contiguous unroaded areas, timber
harvest and exploration and development of minerals could be impacted
in this interim period. If all planned timber harvest in these
contiguous unroaded areas were forgone during the interim period,
approximately 65 million board feet of timber per year could be
affected. This figure covers all National Forests, because for the
Tongass National Forest timber harvest effects occur were found only in
the inventoried roadless areas, not in contiguous unroaded areas. Under
this scenario, up to 433 direct and 797 total jobs could be affected.
These effects would be expected to be of short duration, since the
interim requirements period ends once a comprehensive road inventory
and forest-scale roads analysis are completed and incorporated as
appropriate into the forest plan.
Decisions on whether or not to harvest timber and build roads in
contiguous unroaded areas will be made in the interim period on a case-
by-case basis. Therefore, it is impossible to reliably predict
potential effects, since to do so would be to prejudge the outcome of
decisions not yet made. Nevertheless, during the interim requirement
period, the worst case potential effects arising from timber harvest
forgone in contiguous unroaded areas could be an annual loss of income
of up to $32 million. In order for these maximum potential effects to
be realized, absolutely no road construction or reconstruction would
occur in these areas during the interim requirements period. We know
that this is not likely to be the case, as there will likely be road
activities that are found to meet the compelling need requirement of
FSM 7712.16b and, therefore, may proceed.
The interim requirements of the road management policy will apply
to planned timber sales on the Tongass for which no final decision has
been made. The planned offer volume that could be affected is 102
million board feet that would be offered over a period of 3 to 5 years.
Of that total volume, about 72.5 million board feet would likely be
harvested over a period of 3 to 5 years, with a resulting annual impact
of 15 to 25 million board feet foregone per year, unless the Regional
Forester determines that a compelling need within the meaning of FSM
7712.16b exists for harvesting that volume. The potential annual
economic effects associated with that volume would be a maximum of 75-
125 direct jobs and 120-200 total jobs, with direct income effects of
$8.6 million to $14.4 million direct and total income effects of $13.8
million to $23 million. The combined economic impact of foregoing all
harvest in all contiguous unroaded areas of the National Forest System
and some harvest from inventoried roadless areas on the Tongass would
be up to a maximum of $55 million.
The cost-benefit analysis can be found in: National Forest System
Road Management Strategy Environmental Assessment, page 65, Social and
Economic Effects, and in Appendix E, Cost/Benefit Analysis. This
document may be obtained from the internet at www.fs.fed.us/news/roads
for one year following publication of the final policy or by writing to
the Director of Ecosystem Management Coordination, P.O. Box 96090,
Washington, DC 20090.
In summary, the final policy emphasizes a shift from road
development to managing the existing road system within the capability
of the land. While the agency could not quantify or establish a
monetary value for many of the impacts of this proposed policy, the
agency thoroughly considered both the potential quantified and
qualitatively-discussed costs and benefits. Pursuant to the
requirements of E.O. 12866, the agency carefully assessed alternative
regulatory approaches and finalized this rule only after making a
reasoned determination that the benefits justify the costs.
The final policy revisions of administrative directives have been
considered in light of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). The final policy provides agency-wide direction to forest and
regional personnel about planning and managing the forest
transportation system. No direct or indirect financial or access
impacts on small businesses have been identified. Therefore, it is
hereby certified that this action will not have a significant economic
impact on a substantial number of small entities as defined by that
Act.
Unfunded Mandates Reform
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), the Department has assessed the effects of these
administrative policy revisions on State, local, and Tribal
governments, and on the private sector. These administrative policy
revisions do not compel the expenditure of $100 million or more by any
State, local, or Tribal government, or anyone in the private sector.
Therefore, a statement under Section 202 of the Act is not required.
Environmental Impact
Section 31.1(b) of Forest Service Handbook 1909.15 (57 FR 43180,
September 18, 1992) excludes from documentation in an environmental
impact statement ``rules, regulations, or policies to establish
service-wide administrative procedures, program processes, or
instructions.'' The Forest Service's assessment is that these
administrative policy revisions fall within this category of exclusion.
Nevertheless, to further the intent of NEPA, the agency has prepared an
environmental assessment. This document may be obtained from the
Internet at www.fs.fed.us/news/roads for 1 year following publication
of the final policy or by writing to the Director of Ecosystem
Management Coordination, P.O. Box 96090, Washington, DC 20090.
No Takings Implication
These administrative policy revisions were reviewed for their
impact on private property rights under E.O. 12630. It has been
determined that they do not pose a risk of the taking of
Constitutionally protected private property because the proposed
administrative policy revisions honor access to private property
pursuant to statute or to outstanding or reserved rights.
Civil Justice Reform Act
These administrative policy revisions were reviewed under E.O.
12988, Civil Justice Reform. These revisions solely direct the work of
Forest Service employees and are not intended to preempt any state and
local laws or regulations that might be in conflict or that would
impede full implementation of this policy. These revisions would not
retroactively affect existing permits, contracts, or other instruments
authorizing the occupancy and use of National Forest System lands and
would not require the institution of administrative proceedings before
parties may file suit in court challenging these provisions.
[[Page 3229]]
Controlling Paperwork Burdens on the Public
These administrative policy revisions do not contain any
recordkeeping or reporting requirements or other information collection
requirements as defined in 5 CFR Part 1320 and, therefore, impose no
paperwork burden on the public. Accordingly, the review provisions of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.) and
implementing regulations at 5 CFR Part 1320 do not apply.
Conclusion
Having considered the comments received, the Forest Service hereby
adopts final amendments to its forest planning and transportation
directives. In addition to the changes already noted in the responses
to comments, the agency reconsidered the organization of proposed
changes to Chapter 7710 and concluded that the directive was redundant
in places and inconsistent in others. Therefore, the Forest Service has
reorganized Chapter 7710. The outline of this chapter as adopted is as
follows:
7710.2 Objectives
7710.3 Policy
7710.4 Responsibility
7710.41 Deputy Chief, National Forest System
7710.42 Regional Forester
7710.43 Forest Supervisor
7710.44 District Rangers
7711 Forest Transportation Atlas & Records
7711.01 Authority
7711.03 Policy
7711.1 Forest Road Atlas
7712 Transportation Analysis
7712.02 Objectives
7712.03 Policy
7712.1 Roads Analysis
7712.11 Outcomes
7712.12 Integration with existing Land and Resource Management
Plans
7712.12a Roads analysis as part of forest plan revision or
amendment
7712.12b Road management project planning
7712.13 Scope and Scale of Roads Analysis
7712.13a Roads analysis for large-scale assessments
7712.13b Roads analysis at the forest or area scale
7712.13c Informing Decisions at the watershed and project scale
7712.13d Special Implementation Considerations
7712.14 Road Inventory
7712.15 Compliance Deadlines for Completing Roads Analyses
7712.16 Interim Requirements for road construction/reconstruction
in inventoried roadless and contiguous unroaded areas
7712.16a Areas Subject to Interim Requirements
7712.16b Interim Requirements
7712.16c Duration of the interim requirements
7712.16d Emergency Exemptions from Interim Requirements
7712.3 Network Analysis
7712.4 Economic Analysis [Reserved].
7712.6 Scheduling Projects
This final administrative policy implements the revisions to the
National Forest Transportation System planning and management adopted
in a final rule elsewhere in this part of today's Federal Register.
This action is necessary: (1) To ensure that the National Forest
Transportation System meets current and future land and resource
management objectives and provides for attendant public uses of
National Forest System lands; (2) to provide for safe public access and
travel; (3) to allow for economical and efficient management; and (4)
to the extent practicable, to minimize and begin to reverse adverse
ecological impacts from roads. This revision reflects shifts in public
opinion and changes in demand and use of the National Forest System,
considers possible economic and social benefits associated with road
construction and uses, and utilizes scientific information about the
environmental impacts of road construction. Also, all of the action
items called for in the report to the President on the wildland fires
of 2000 are compatible with the final road management policy. The final
road management policy provides local decisionmakers adequate
discretion to authorize needed access to meet resource management
objectives and is, therefore, consistent with the agency's cohesive
fire strategy; ``Protecting People and Sustaining Resources in Fire
Adapted Ecosystems, a Cohesive Strategy.'' This policy is being issued
to the Forest Service Manual. Minor, non-substantive, editorial changes
have been made to the proposed policy and many sections have been
reorganized for efficiency and clarity.
(See Appendix A for a table displaying an Overview of Overall Road
Management Policy.)
Dated: January 4, 2001.
Mike Dombeck,
Chief, Forest Service.
National Forest Transportation Forest Service Manual Amendments
Note: The Forest Service organizes its directive system by
alphanumeric codes and subject headings. Only those sections of the
FSM that are the subject of this notice are set forth here. Those
who wish to see the entire document in which the changes are being
incorporated may do so at www.fs.fed.us/news/roads. In the
directives that follow, Forest Service employees charged with
decisionmaking responsibilities concerning the National Forest
Transportation System are referred to as Responsible Officials and
are the intended audience of these administrative directives.
FSM 1920--Land and Resource Management Planning
Chapter 1920--Land and Resource Management Planning
Note: For ease of issuance, this direction to FSM 1920 will be
initially issued as an Interim Directive and later integrated into
the Chapter as an Amendment.
1920.5--Definitions [the following terms will be added to this section]
Inventoried roadless areas. Areas identified in a set of
inventoried roadless area maps, contained in Forest Service Roadless
Area Conservation, Draft Environmental Impact Statement, Volume 2,
dated May 2000, which are held at the National headquarters office of
the Forest Service, or any update or revision of those maps.
Unroaded areas. Any area without the presence of a classified road,
that is of a size and configuration sufficient to protect the inherent
characteristics associated with its roadless condition. Unroaded areas
are distinct from and do not overlap with inventoried roadless areas.
1922.15--Resource Integration Requirements
Requirements for integrating individual forest resources, including
wilderness and other special areas, into the forest planning process
are in 36 CFR Part 219. Refer to the Forest Service Handbook 1909.12
for details on how to incorporate resources into the planning process.
In addition, the forest planning process must:
* * * * *
20. Identify the specific access requirements and travel management
options available to meet the objectives for each management
prescription. Describe how access will be provided and how travel will
be managed. Include the Forest Service road system, off-road travel,
and air and water access. Integrate considerations of biological,
physical, social, and economic factors and environmental design
criteria. Link access and travel requirements and opportunities to the
full spectrum of resource objectives for each management area and
alternative.
* * * * *
FSM 7700--Forest Transportation System
Chapter 7700 Zero Code
7701 AUTHORITY
7701.1 Coordination with Forest Planning
7701.2 Revegetation
[[Page 3230]]
7701.3 Transportation System Management
7702 OBJECTIVES
7703 POLICY
7703.1 Road Management
7703.2 Management Opportunities
7705 DEFINITIONS
7709 HANDBOOKS
Chapter--Zero Code
This title prescribes the authority, objectives, policy,
responsibility, and definitions for planning, construction,
reconstruction, operation, and maintenance of forest transportation
system facilities.
7701--Authority
7701.1--Coordination With Forest Planning
Title 36, Code of Federal Regulations, Section 219.27 (36 CFR
219.27). Requires transportation access to be addressed in the land and
resource management planning process.
7701.2--Revegetation
Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1601, Pub. L. 93-378) as amended by the National Forest
Management Act of 1976 (16 U.S.C. 1608, Pub. L. 94-588). Directs that
roads be designed to standards appropriate for intended uses and
requires the revegetation of roads within 10 years of the termination
of temporary and undeveloped roads created under contract, permit, or
lease.
7701.3--Transportation System Management
1. National Forest Roads and Trails Act of October 13, 1964 as
amended (16 U.S.C. 532-538, Pub. L. 88-657). Authorizes the road and
trail systems for the National Forests. Authorizes the granting of
easements across Forest Service administered lands, the construction of
maximum economy roads (FSM 7705) and methods for financing them, and
the imposing of requirements on road users for maintaining and
reconstructing roads, including cooperative deposits for such work.
2. Highway Safety Act of 1966 (23 U.S.C. 402, Pub. L. 89-564).
Authorizes State and local governments and participating Federal
agencies to identify and survey accident locations; to design,
construct, and maintain roads in accordance with safety standards; to
apply sound traffic control principles and standards; and to promote
pedestrian safety.
3. National Trails System Act of October 2, 1968 (16 U.S.C. 1241-
1249, Pub. L. 90-543). Establishes the National Trail System and
includes planning, right-of-way acquisition, and construction of trails
designated by Congress or the Secretary of Agriculture as part of the
system.
4. Title 36, Code of Federal Regulations, Part 212 (36 CFR Part
212). Establishes requirements for the administration of the forest
transportation system, including roads, trails, and airfields, and
provisions for acquisition of rights-of-way. Describes a minimum road
system and requires a science-based roads analysis to plan the road
system and to set funding priorities.
5. Title 36, Code of Federal Regulations, Sections 261.12 and
261.54 (36 CFR 261.12 and 261.54). Establishes prohibitions on National
Forest System roads that are enforceable by the Forest Service.
* * * * *
7702--Objectives
The results to be achieved by managing the forest transportation
system are as follows:
1. To provide sustainable access in a fiscally responsible manner
to National Forest System lands for administration, protection, and
utilization of these lands and resources consistent with Forest Plan
guidance.
2. To manage a forest transportation system within the
environmental capabilities of the land.
3. To manage forest transportation system facilities to provide
user safety, convenience, and efficiency of operations in an
environmentally responsible manner and to achieve road related
ecosystem restoration within the limits of current and likely funding
levels.
4. To coordinate access to National Forest System lands with
national, regional, statewide, local, and Tribal government
transportation needs.
7703--Policy
Determine and provide for the minimum forest transportation system
that best serves current and anticipated management objectives and
public uses of National Forest System (NFS) lands, as identified in the
appropriate land and resource management plans (FSM 1920). In managing
the forest transportation system for access, Responsible Officials must
coordinate with other public and private transportation system agencies
to integrate transportation information and to balance transportation
facility investments and maintenance costs against the need to maintain
land health and water quality.
7703.1--Road Management
In accordance with 36 CFR Sec. 212.5(b)(1), when managing NFS
roads, responsible officials are to:
1. Address both the access benefits and ecological costs of road-
associated effects.
2. Give priority to reconstructing and maintaining needed roads and
decommissioning unneeded roads, or, where appropriate, converting them
to less costly and more environmentally beneficial other uses.
3. Use a roads analysis process (FSM 7712.1) to ensure that road
management decisions are based on identification and consideration of
social and ecological effects. See FSM 7712.13 for guidance on the
scope and scale of roads analysis required.
4. Add new roads only where resource management objectives and
benefits are clearly demonstrated and where long-term funding
obligations have been carefully considered (FSM 7703.2, para. 3).
7703.2--Management Opportunities
Management opportunities for meeting access needs and utilization
of forest resources may include roads managed for safe passenger car
use, high-clearance vehicle use, or for roads that restrict highway
vehicles but are available for other motorized or non-motorized trail
uses (such as hiking and administrative access), or trails managed for
a variety of uses (such as hiking, horseback riding, and snowmobiling).
In addition to the direction in paragraphs 1-3 of this section, Exhibit
01 in section 7712.1 displays the various road management opportunities
available to meet access and program needs.
1. Maintaining and reconstructing needed roads. Emphasize
maintenance and reconstruction of classified roads to meet road
management objectives (FSM 7712.5). Give priority to upgrading the most
heavily used roads to provide safe and efficient travel and to reduce
adverse environmental impacts. If necessary for environmental
protection and due to lack of funding, travel on classified roads may
need to be restricted or closed. Such decisions should be undertaken
only after careful analysis and consideration. Do not maintain
unclassified roads except under emergency resource protection
circumstances. Unclassified roads will be closed and made inaccessible
where funding permits unless they are made part of the authorized
forest road system as provided for in this policy. Temporary roads are
maintained as authorized in the contract, permit, lease, or other
authorizing document and must
[[Page 3231]]
be decommissioned at the conclusion of the authorized activity.
2. Decommissioning unneeded roads. Many unplanned, unauthorized,
unclassified travelways exist within National Forest System lands and
are high priority candidates for decommissioning. Other priorities for
decommissioning include temporary roads and roads previously classified
as part of the forest transportation system based on anticipated
management needs where use and needs have not materialized, or where
funding or environmental issues merit consideration of decommissioning
or conversion to other uses. Use an open and public roads analysis
process (FSM 7712.1) to help identify roads that should be
decommissioned, to identify restoration needs, and to establish
decommissioning priorities. It may be necessary to regulate use on some
unneeded roads until decommissioning or other approved uses, such as
conversion to trails, can be achieved.
Once a decision is made and action is taken to decommission a road,
re-establish vegetation (FSM 7701.2) and, as necessary, initiate
restoration of ecological processes interrupted or adversely impacted
by the unneeded roads. Decommissioning includes applying various
treatments, which may include one or more of the following:
a. Reestablishing former drainage patterns, stabilizing slopes, and
restoring vegetation;
b. Blocking the entrance to a road; installing water bars;
c. Removing culverts, reestablishing drainage-ways, removing
unstable fills, pulling back road shoulders, and scattering slash on
the roadbed;
d. Completely eliminating the roadbed by restoring natural contours
and slopes; or
e. Other methods designed to meet the specific conditions
associated with the unneeded roads.
3. Adding new roads. Consistent with FSM 7703.1, para. 4, decisions
to add new roads to the transportation system are appropriate only
where the resource management objectives, environmental impacts, and
benefits have been carefully considered and documented.
Additionally, decisions to add new roads to the forest
transportation system must be informed by a roads analysis process (FSM
7712.1) conducted at an appropriate scale. Resource management
objectives are established in the relevant land and resource management
plans (FSM 1920). Identify and consider values associated with or
impacted by new roads which include utilization, protection, and
administration of National Forest System lands; public health and
safety; or private rights. Consideration must be given to long-term
road funding opportunities and obligations. In examining the
environmental impacts of potential new roads, consider (1) Maintenance
of ecological processes; (2) introduction of exotic species; and (3)
effects on threatened and endangered species or areas of high unique
biodiversity, cultural uses or historical sites, fish and wildlife
habitat, water quality, and visual quality. Adding new roads to the
transportation system includes both new road construction and newly
acquired roads through land purchases, exchanges, or interchanges.
* * * * *
7705--Definitions
Exhibit FSM 7705-Exhibit 01, Road Terminology Relationships,
illustrates the relationships among various road terms.
* * * * *
Forest Roads. As defined in Title 23, Section 101 of the United
States Code (23 U.S.C. 101), any road wholly or partly within, or
adjacent to, and serving the National Forest System and which is
necessary for the protection, administration, and utilization of the
National Forest System and the use and development of its resources.
Forest Transportation Facility. A classified road, designated
trail, designated airfield, including bridges, culverts, parking lots,
log transfer facilities, safety devices and other transportation
network appurtenances, under Forest Service jurisdiction that is wholly
or partially within or adjacent to National Forest System lands.
Forest Transportation System Management. The planning, inventory,
analysis, classification, recordkeeping, scheduling, construction,
reconstruction, maintenance, decommissioning, and other operations
undertaken to achieve environmentally sound, safe, cost-effective,
access for use, protection, administration, and management of National
Forest System lands.
* * * * *
National Forest System Road. A classified forest road under the
jurisdiction of the Forest Service. The term ``National Forest System
roads'' is synonymous with the term ``forest development roads'' as
used in 23 U.S.C. 205.
New Road Construction. Activity that results in the addition of
forest classified or temporary road miles (36 CFR 212.1).
Public Roads. Any road or street under the jurisdiction of and
maintained by a public authority and open to public travel (23 U.S.C.
101(a)).
Road. A motor vehicle travelway over 50 inches wide, unless
designated and managed as a trail. A road may be classified,
unclassified, or temporary (36 CFR 212.1).
a. Classified Roads. Roads wholly or partially within or adjacent
to National Forest System lands that are determined to be needed for
long-term motor vehicle access, including State roads, county roads,
privately owned roads, National Forest System roads, and other roads
authorized by the Forest Service (36 CFR 212.1).
b. Temporary Roads. Roads authorized by contract, permit, lease,
other written authorization, or emergency operation, not intended to be
a part of the forest transportation system and not necessary for long-
term resource management (36 CFR 212.1).
c. Unclassified Roads. Roads on National Forest System lands that
are not managed as part of the forest transportation system, such as
unplanned roads, abandoned travelways, and off-road vehicle tracks that
have not been designated and managed as a trail; and those roads that
were once under permit or other authorization and were not
decommissioned upon the termination of the authorization (36 CFR
212.1).
Road Decommissioning. Activities that result in the stabilization
and restoration of unneeded roads to a more natural state (36 CFR
212.1), (FSM 7703).
Road Maintenance. The ongoing upkeep of a road necessary to retain
or restore the road to the approved road management objective (FSM
7712.3).
Road Reconstruction. Activity that results in improvement or
realignment of an existing classified road as defined below:
a. Road Improvement. Activity that results in an increase of an
existing road's traffic service level, expansion of its capacity, or a
change in its original design function.
b. Road Realignment. Activity that results in a new location of an
existing road or portions of an existing road and treatment of the old
roadway (36 CFR 212.1).
Roads Subject to the Highway Safety Act. National Forest System
roads that are open to use by the public for standard passenger cars.
This includes roads with access restricted on a seasonal basis and
roads closed during extreme weather conditions or for emergencies, but
which are otherwise open for general public use.
* * * * *
[[Page 3232]]
Transportation Facility Jurisdiction. The legal right to control or
regulate use of a transportation facility derived from fee title, an
easement, an agreement, or other similar method. While jurisdiction
requires authority, it does not necessarily reflect ownership.
* * * * *
7709--Handbooks
* * * * *
7709.56--Road Preconstruction Handbook
This handbook establishes procedures and guides for the location,
survey, design, and preparation of cost estimates for National Forest
System roads.
Chapter 7710--Transportation Atlas, Records, and Analysis
7710.2 Objectives
7710.3 Policy
7710.4 Responsibility
7710.41 Deputy Chief, National Forest System
7710.42 Regional Forester
7710.43 Forest Supervisor
7710.44 District Rangers
7711 FOREST TRANSPORTATION ATLAS & RECORDS
7711.01 Authority
7711.03 Policy
7711.1 Forest Road Atlas
7712 TRANSPORTATION ANALYSIS
7712.02 Objectives
7712.03 Policy
7712.1 Roads Analysis
7712.11 Outcomes
7712.12 Integration with existing Land and Resource Management
Plans
7712.12a Roads analysis as part of forest plan revision or
amendment
7712.12b Road management project planning
7712.13 Scope and Scale of Roads Analysis
7712.13a Roads analysis for large-scale assessments
7712.13b Roads analysis at the forest or area scale
7712.13c Informing Decisions at the watershed and project scale
7712.13d Special Implementation Considerations
7712.14 Road Inventory
7712.15 Compliance Deadlines for Completing Roads Analyses
7712.16 Interim Requirements for road construction/reconstruction
in inventoried roadless and contiguous unroaded areas
7712.16a Areas Subject to Interim Requirements
7712.16b Interim Requirements
7712.16c Duration of the interim requirements
7712.16d Emergency Exemptions from Interim Requirements
7712.3 Network Analysis
7712.4 Economic Analysis [Reserved].
7712.6 Scheduling Projects
7710--Transportation Atlas, Records, and Analysis
This chapter contains objectives, policies, responsibilities, and
requirements for analyzing transportation needs and issues and for
documenting the transportation system. Direction for forest trails is
in FSM 2350 and FSH 2309.18, Trails Management Handbook.
7710.2--Objectives
The objectives of transportation analysis are:
1. To determine, within the context of current and likely funding
levels, the minimum transportation facilities needed for public and
agency access to achieve forest land and resource management goals and
to safeguard ecosystem health within the context of current and likely
funding levels.
2. To incorporate transportation system needs into the forest land
and resource management planning process.
3. To direct the orderly improvement and management of the
transportation system and to ensure the documentation of decisions
affecting the system.
4. To interact with and involve the public, State, local, and
Tribal governments, and other Federal agencies in transportation
analysis.
7710.3--Policy
1. Conduct transportation system planning and analysis using the
best available science at the appropriate scale and in conjunction with
other analyses to inform transportation management decisions.
Specifically, transportation analysis can assist transportation
planners in:
a. Determining the need for access to National Forest System lands;
b. Identifying the infrastructure required to provide that access;
and
c. Considering and minimizing effects of transportation facility
construction, reconstruction, maintenance, and decommissioning on
ecological processes and ecosystem health, diversity, and productivity.
2. Involve, interact, and coordinate with adjacent landowners,
citizens groups, State, local, and Tribal governments, and other
Federal agencies. This collaboration is fundamental to effective
transportation analysis and planning.
3. Identify and determine the priority areas where detailed
transportation analysis, including roads analysis (FSM 7712.1), is
essential for achieving land and resource management direction.
4. Ensure that road construction, reconstruction, and maintenance
standards or criteria are guided by roads analysis (FSM 7712.1) and
documented through the use of road management objectives (FSM 7712.5).
7710.4--Responsibility
7710.41--Deputy Chief, National Forest System
The Deputy Chief, National Forest System, has the authority to
approve or rescind roads analysis processes for field use.
7710.42--Regional Forester
It is the responsibility of the Regional Forester to:
1. Ensure that roads analysis is a component of sub-basin, multi-
Forest, and sub-regional scale assessments.
2. Develop multi-year regional schedules of proposed transportation
facility projects (FSM 1920)
3. Serve as the Responsible Official on any environmental impact
statement on road construction or reconstruction in inventoried
roadless and certain unroaded areas as identified in FSM 7712.16.
7710.43--Forest Supervisor
The Forest Supervisor is delegated the authority and assigned the
responsibility to:
1. Consult and involve Federal, State, local, and Tribal
transportation agencies in land and resource management planning to
ensure coordination of the overall transportation system.
2. Develop and maintain a forest transportation atlas in compliance
with FSM 7711 and 36 CFR Part 212.
3. Complete and maintain an inventory of classified and
unclassified roads.
4. Assign transportation analysis to personnel with skills in
engineering, hydrology, biology, and other related knowledge and
skills.
5. Accomplish roads analysis at the appropriate scale and as
directed in FSM 7712.1 and FSM 7712.15, and document the results.
6. Develop and recommend to the Regional Forester annual and multi-
year schedules of proposed road construction, reconstruction, and
decommissioning projects.
7710.44--District Rangers
Unless reserved by the Forest Supervisor, the District Ranger has
authority to approve road management objectives (FSM 7712.5).
7711--Forest Transportation Atlas & Records
7711.01--Authority
The regulations at Part 212 of Title 36 of the Code of Federal
Regulations (36
[[Page 3233]]
CFR, Part 212) address how the Forest Service is to administer the
Forest Transportation System. Section 212.2 requires an atlas as a
component of the forest transportation program, as follows:
Section 212.2--Forest Transportation System
(a) For each national forest, national grassland, experimental
forest, and any other unit of the National Forest System as defined
in Sec. 212.1 and listed in 36 CFR Part 200, Subpart A, the Forest
Supervisor or other responsible official must develop and maintain a
forest transportation atlas which is to be available to the public
at administrative headquarters units. The purpose of the atlas is to
display the system of roads, trails, and airfields of the unit. The
atlas consists of the geo-spatial, tabular, and other data to
support analysis needs and resource management objectives identified
in land management plans. The atlas is a dynamic document that
changes in response to new information on the existence and
condition of roads, trails, and airfields of the unit. The atlas
does not contain inventories of temporary roads, which are tracked
by the project or activity authorizing the temporary road. The
content and maintenance requirements for the atlas are identified in
the Forest Service directive system (36 CFR 200).
7711.03--Policy
The transportation atlas is the official repository of
transportation facility decisions for each National Forest and National
Grassland.
1. Building the Forest Transportation Atlas. The initial
transportation atlas for each national forest and grassland consists of
those maps, inventories, plans, and associated information available as
of [January 12, 2001]. Units are to add to this initial information in
accordance with direction in this chapter and other chapters of Title
7700.
2. Maintaining the Transportation Atlas. Maintain a current record
of forest transportation facilities in the atlas. Use the ongoing real
property and condition survey updates (FSM 6446) as appropriate. Use
the Forest Service Infrastructure database (INFRA) for the storage and
analysis of information in the transportation atlas.
7711.1--Forest Road Atlas
1. The forest road atlas is a key component of the forest
transportation atlas and, consistent with the road inventory, includes
all classified and unclassified roads on National Forest System lands.
2. The road atlas includes, at a minimum, the location,
jurisdiction, and road management objectives for classified roads and
bridges and the location of unclassified roads and any management
actions taken to change the status of unclassified roads.
3. Data and other information contained in the road atlas should be
used to support roads analysis.
4. Unit transportation managers shall document changes in road
management status, including changes such as accomplishment of
decommissioning objectives or the addition of an unclassified road to
the forest road system.
5. Temporary roads are not intended to be included as part of the
forest road atlas, as they are managed by the projects or activities
under which they are authorized and decommissioned at the conclusion of
the authorized activity.
7712--Transportation Analysis
Conduct transportation analysis at appropriate scales using the
best available science that considers access needs and concerns.
Coordinate the analysis with other ecosystem assessments and analyses.
7712.01--Authority
The regulations at Title 36 of the Code of Federal regulations
Sec. 212.5 establish the minimum requirements for the road system,
using a science-based roads analysis, and identifying unneeded roads as
follows:
(b) Road System--(1) Identification of road system. For each
national forest, national grassland, experimental forest, and any
other units of the National Forest System (Sec. 212.1), the
responsible official must identify the minimum road system needed
for safe and efficient travel and for administration, utilization,
and protection of National Forest System lands. In determining the
minimum road system, the responsible official must incorporate a
science-based roads analysis at the appropriate scale and, to the
degree practicable, involve a broad spectrum of interested and
affected citizens, other state and federal agencies, and tribal
governments. The minimum system is the road system determined to be
needed to meet resource and other management objectives adopted in
the relevant land and resource management plan (36 CFR 219), to meet
applicable statutory and regulatory requirements, to reflect long-
term funding expectations, to ensure that the identified system
minimizes adverse environmental impacts associated with road
construction, reconstruction, decommissioning, and maintenance.
(2) Identification of unneeded roads. Responsible officials must
review the road system on each National Forest and Grassland and
identify the roads on lands under Forest Service jurisdiction that
are no longer needed to meet forest resource management objectives
and that, therefore, should be decommissioned or considered for
other uses, such as for trails. Decommissioning roads involves
restoring roads to a more natural state. Activities used to
decommission a road include, but are not limited to, the following:
reestablishing former drainage patterns, stabilizing slopes,
restoring vegetation, blocking the entrance to the road, installing
water bars, removing culverts, reestablishing drainage-ways,
removing unstable fills, pulling back road shoulders, scattering
slash on the roadbed, completely eliminating the roadbed by
restoring natural contours and slopes, or other methods designed to
meet the specific conditions associated with the unneeded road.
Forest officials should give priority to decommissioning those
unneeded roads that pose the greatest risk to public safety or to
environmental degradation.
7712.02--Objectives
The objectives of transportation analysis are as follows:
1. To identify transportation management opportunities and
priorities.
2. To assess transportation management needs, long-term funding,
and expected ecosystem, social, and economic effects, including effects
on the values of roadless and unroaded areas.
3. To establish transportation management objectives and
priorities.
7712.03--Policy
Forest Service regulations implementing the Forest and Rangeland
Renewable Resources Planning Act, as amended by the National Forest
Management Act, require integration of transportation planning into an
interdisciplinary effort that produces Regional, forest, and site-
specific project plans. In planning for and analyzing the
transportation system, perform the following:
1. Assess economic costs and benefits along with social, physical,
and biological factors when identifying transportation facility
options.
2. Assess effects of transportation facility options on ecological
processes and ecosystem health, diversity, and productivity.
3. Consider the needs of all parties when developing transportation
system opportunities in areas of intermingled ownership.
4. Consider long-and short-term uses, including possible
mechanized, non-mechanized, and off-highway vehicle uses, when
analyzing transportation facilities.
5. Actively engage the public in transportation analysis.
6. Use the forest transportation atlas as a record of
transportation facility decisions, including:
a. Documenting road management objectives
b. Identifying all classified and unclassifed roads,
[[Page 3234]]
c. Documenting the results of transportation analysis, and
d. Documenting road management project priorities.
7712.1--Roads Analysis
The Responsible Official shall incorporate an interdisciplinary
science-based roads analysis into multi-forest, forest-scale, and
watershed or area-scale analyses and assessments to inform planners and
decisionmakers of road system opportunities, needs, and priorities that
support land and resource management objectives. Conducted by an
interdisciplinary team, the science-based roads analysis process
provides Responsible Officials with critical information needed to
identify and manage a minimum road system that is safe and responsive
to public needs and desires, is affordable and efficient, has minimal
adverse effects on ecological processes and ecosystem health,
diversity, and productivity of the land, and is in balance with
available funding for needed management actions.
Units are to use an authorized science-based roads analysis
process, such as that described in the report Roads Analysis: Informing
Decisions About Managing the National Forest Transportation System
(USDA Forest Service, 1999, Misc. Report FS-643). Pursuant to FSM
7710.41, the Deputy Chief, National Forest Systems, may approve other
science-based analysis methods for field use through amendments to this
chapter. Although concluding an initial roads analysis is important,
conduct additional iterations of analysis as needed to address changes
in conditions, such as available funding, inventory and monitoring
results, severe disturbance events, or new regulatory requirements.
7712.11--Outcomes
The roads analysis results in a report and accompanying maps that
document the information and analysis methods used to identify social
and environmental opportunities, problems, risks, and priorities for
future road management. The report documents the key findings of the
analysis and contains graphical, tabular, and geo-spatial displays of
the transportation system options, including a minimum road system. It
is important that the roads analysis identify access needs and
opportunities that are based on current budget levels and realistic
projections of future funding. Analysts should locate, interpret, and
use relevant scientific literature in the analysis and disclose
assumptions on which the analysis is based. See section 7712.12 for
detailed guidance on the various scales of analyses and their findings.
While the report contains factual information concerning the
transportation system, road management decisions are not a product of
roads analysis. Rather, road management decisions must be informed by
roads analysis and disclosed in an appropriate NEPA document (FSM 1950
and FSH 1909.15). FSM 7712.1 `` Exhibit 01 illustrates road management
options. Update the transportation atlas (FSM 7711.03), as appropriate,
based upon decisions reached after the environmental analysis process
(NEPA). Also, update the atlas if a decision changes road management
objectives (FSM 7712.5).
7712.12--Integration With Land and Resource Management Plans
The roads analysis evaluates road system opportunities and needs
within the context of land and resource management direction. Roads
analysis includes opportunities for public participation and emphasizes
interdisciplinary team identification and evaluation of road issues and
opportunities.
7712.12a--Roads Analysis as Part of Forest Plan Revision or Amendment
The Responsible Official must use the results and findings of the
roads analysis process with other ecological assessments when
addressing issues raised in forest planning. Conducting a forest-scale
analysis does not compel a forest plan amendment or revision.
7712.12b--Road Management Project Planning
1. New Road Construction. Consistent with the direction in FSM
7703.1, ensure that the addition of new roads serves a documented need
and that the decision is informed by a roads analysis (FSM 7712.1).
2. Maintenance, Reconstruction, and Decommissioning. Use roads
analysis (FSM 7712.1) to evaluate opportunities and priorities for
reconstruction and decommissioning of roads and to provide the context
at a scale and intensity commensurate with the scope of the road
management issue or concern. Implementation of road maintenance
activities does not require a roads analysis before proceeding;
however, roads analysis is a useful management tool to help set
maintenance priorities.
7712.13--Scope and Scale of Roads Analysis
When proposed road management activities would result in changes in
access, such as changes in current use, traffic patterns, and road
standards, or where there may be adverse effects on soil and water
resources, ecological processes, or biological communities (road
construction, reconstruction, and decommissioning), those decisions
must be informed by roads analysis (FSM 7712.1) except as provided in
section 7712.13c. Generally, road management decisions should be
informed by roads analysis at a broad scale. Responsible Officials must
choose the appropriate scale for such an analysis and the degree of
detail that is appropriate and practical. Site-specific projects may be
informed by a watershed roads analysis, if the Responsible Official
determines the scope and scale of issues under consideration warrant
its use. FSM 7712.13--Exhibit 01 provides a snapshot of the scope and
scale of roads analysis and its integration into planning and
decisionmaking.
7712.13a--Roads Analysis for Large-Scale Assessments
1. Roads analysis is an integral part of multi-forest or eco-region
assessments. At this scale, consider the following:
a. Broad scale issues, such as habitat connectivity, strongholds
for aquatic and terrestrial species, sources of clean water, cumulative
effects, and other ecosystem values.
b. Integration of other Federal agency, State, county, local, and
Tribal transportation systems, and their multi-year transportation
plans with the forest transportation system.
c. Potential program opportunities for new or revised forest
highways, public lands highways, and public Forest Service roads.
d. Current and likely funding levels available to support road
construction, reconstruction, maintenance, and decommissioning.
7712.13b--Roads Analysis at the Forest or Area Scale
Roads analysis at the forest scale is critically important, as it
provides a context for road management in the broader framework of
managing all forest resources. Close coordination with broader scale
ecosystem assessments and analyses is essential. Area-scale assessments
may be appropriate on forests with assessment areas composed of islands
or groups of islands, on forests with widely separated units, or in
areas where watershed boundaries do not make logical or effective
assessment boundaries. Examples include forests with large physically
or ecologically discrete subdivisions such as the large islands in
southeast Alaska, or widely
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separated units of National Forests such as: National Forests in Texas,
Mississippi, Florida, Missouri, and Louisiana, or on forests where
watershed boundaries do not make logical or effective assessment
boundaries, such as the coastal plains of the eastern United States.
1. Consider the following at this scale:
a. Environmental issues potentially affected by road management
proposals, such as soil and water resources, ecological processes,
invasive species spread, and biological communities.
b. Social issues potentially affected by road management proposals
such as socio-economic impacts, public access, and accessibility for
handicapped persons.
c. An evaluation of the transportation rights-of-way acquisition
needs.
d. The interrelationship of State, county, Tribal, and other
Federal agency transportation facility effects on land and resource
management plans and resource management programs.
e. Transportation investments necessary for meeting resource
management plans and programs.
f. Current and likely funding levels available to support road
construction, reconstruction, maintenance, and decommissioning.
2. Prepare a report with accompanying map(s) that documents the
information and analysis methods used to identify access and
environmental priorities, issues, and guidelines for future road
management and the key findings. At a minimum, the report will:
a. Inventory and map all classified roads, and display how these
roads are intended to be managed.
b. Provide guidelines for addressing road management issues and
priorities related to construction, reconstruction, maintenance, and
decommissioning.
c. Identify significant social and environmental issues, concerns,
and opportunities to be addressed in project level decisions.
d. Document coordination efforts with other government agencies and
jurisdictions.
7712.13c--Informing Decisions at the Watershed and Project Scale
Roads analysis at the forest scale will generally provide the
context for informing road management decisions and activities at the
watershed, area, and project level. Where a forest-scale roads analysis
has been conducted, the Responsible Official must consider the
decision(s) to be made and determine how to apply the results of the
forest-scale roads analysis to best inform management decisions.
However, it is generally expected that road inventories and road
condition assessments as identified in FSM 7712.14 would be completed
at the watershed or project scale.
When higher scale analyses are not available to inform a project
decision, the Responsible Official must consider the decisions to be
made (FSM 7712.13) and the potential environmental and access effects
and determine whether or not additional analysis is needed at the
watershed or project scale. Roads analysis below the forest scale is
not automatically required, but may be undertaken at the discretion of
the Responsible Official. When the Responsible Official determines that
additional analysis is not needed for a project, the Responsible
Official must document the basis for that conclusion.
When needed, the outcomes of roads analysis at the watershed and
area-scale would result, at a minimum in the following:
1. Identification of needed and unneeded roads.
2. Identification of road associated environmental and public
safety risks.
3. Identification of site-specific priorities and opportunities for
road improvements and decommissioning.
4. Identification of areas of special sensitivity, unique resource
values, or both.
5. Any other specific information that may be needed to support
project-level decisions.
7712.13d--Special Implementation Considerations
Ongoing, large-scale ecosystem planning efforts of the Columbia
River Basin and the Sierra Nevada Framework assessment are exempt from
the requirements of FSM 7712.1 to conduct a roads analysis.
7712.14--Road Inventory
Road inventories support roads analysis and road decisions at
various scales and consist of geo-spatial data (maps, aerial photos,
etc), physical attribute data, and an assessment of road condition to
determine if a road is meeting resource management objectives and
access needs. The inventory information to be gathered varies by the
scale of assessment.
1. Inventories at Multi-forest and Forest Scale. Inventories at
these scales provide information needed to conduct broader assessments
of road management needs and, therefore, require less site-specific
information.
a. Classified Road Inventory. Geo-spatial and physical attribute
information is needed for all classified roads, whereas the assessment
of individual road condition would be most important for the major
transportation routes (arterials and collectors) or those determined to
be of key importance by the forest.
b. Unclassified Road Inventory. Information needed for unclassified
roads is usually that obtained from existing data and other readily
available sources of information, such as aerial photographs.
2. Inventories at Watershed and Area Scale. At these scales a
comprehensive and complete inventory of all classified, unclassified,
and temporary roads is required in order to conduct analyses that
inform site-specific decisions, to set priorities for road management
actions, and to identify special situations.
Use the INFRA database to store the physical attributes on all
classified and unclassified roads. FSM 7712.14 Exhibit-01, entitled
Road Inventory Necessary at Various Scales of Road Analysis and located
in Appendix B of this document, illustrates the roads analysis
objectives and the inventory data to be collected at various scales.
7712.15--Deadlines for Completing Roads Analyses
(Note: The dates in this section will be calculated by the
Forest Service Directive Manager when this amendment is issued to
field employees.)
1. Analysis Needed to inform Road Management Decisions. Section
7712.13 identifies proposed road management decisions other than forest
plan revisions or amendments that require roads analysis and provides
guidance on the scope and scale of various levels of analysis that
might inform those decisions. The following deadlines govern the
application of roads analysis to the proposed road management decisions
identified in section 7712.13:
a. Decisions made before July 12, 2001 do not require a roads
analysis.
b. Decisions made after July 12, 2001 must be informed by a roads
analysis.
2. Forest-Scale Road Analyses. Every National Forest System
administrative unit must have a forest-scale roads analysis completed
by January 13, 2003 except as follows:
a. Those units that will complete a forest plan revision or
amendment by July 12, 2001 do not need to complete a forest-scale roads
analysis (sec. 7712.1) prior to adopting the plan revision or
amendment. However, these units are still required to complete a
forest-scale roads analysis by January 13, 2003. Those units that have
begun revision or amendment of their forest plans but will not adopt a
final revision or final amendment by July 12, 2001 must complete a
roads analysis prior to
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adoption of the final plan revision or amendment.
b. In specific cases where forests are undergoing forest plan
revision or amendment, and circumstances are such that additional time
for completion of forest-scale roads analysis would be desirable for
integration into the forest plan revision or amendment, the Regional
Forester may request approval from the Chief for an extension.
7712.16--Interim Requirements for Road Construction/Reconstruction in
Inventoried Roadless and Contiguous Unroaded areas
The requirements of section 7712.16a--7712.16d do not revoke,
suspend, or modify any project or activity decision, or permit,
contract or other legal instrument authorizing occupancy and use of
National Forest System land issued prior to January 12, 2001.
7712.16a--Areas Subject to Interim Requirements
Until a comprehensive road inventory and forest-scale roads
analysis have been completed and incorporated into the applicable
forest plan, the direction in FSM 7712.16a through 7712.16c applies to
the following areas:
1. Inventoried roadless areas, as defined in FSM 7705, are
identified in a set of inventoried roadless area maps, contained in
Forest Service Roadless Area Conservation, Draft Environmental Impact
Statement, Volume 2, dated May 2000, which are held at the National
headquarters office of the Forest Service, or any update or revision of
those maps.
2. Contiguous unroaded areas of more than 1,000 acres that are
contiguous to RARE II inventoried roadless areas or contiguous to areas
inventoried in land and resource management plans, contiguous to
Congressionally designated wilderness areas or Federally administered
components of National Wild and Scenic River Systems classified as
Wild, or contiguous to unroaded areas of 5,000 acres or more on other
Federal lands. These areas of 1,000 acres or more must have a common
boundary of considerable length, be at least one-quarter mile in width,
and provide important corridors for wildlife movement or extend a
unique ecological value of the established inventoried area.
7712.16b--Interim Requirements
1. Except as provided for in FSM 7712.16c, road construction or
reconstruction in inventoried roadless and contiguous unroaded areas
(FSM 7716) may be authorized only if:
a. The Regional Forester determines, for the purposes of this
section, a compelling need for a road;
b. A science-based roads analysis is conducted pursuant to FSM
7712.1; and
c. An environmental impact statement for the proposed action is
prepared and approved by the Regional Forester. Road construction and
reconstruction in inventoried roadless and contiguous unroaded areas
constitute a significant environmental effect, as defined in the
Council on Environmental Quality regulations (40 CFR Part 1508) and the
Forest Service Environmental Procedures Handbook (FSH1909.15, Section
05) and, therefore, requires the preparation of an environmental impact
statement (FSH1909.15, Section 20.6). The environmental impact analysis
provides the basis for the Regional Forester decision on whether to
construct or reconstruct a road in inventoried roadless or contiguous
unroaded areas.
2. Examples of compelling need, for the purposes of this section,
may include, but are not limited to:
a. Roads needed for critical resource restoration and protection.
b. Road realignment needed to prevent resource damage by an
existing road that is deemed essential for public or private access,
management, or public health or safety, and where such damage cannot be
corrected by maintenance.
c. Road access is needed pursuant to reserved or outstanding rights
or as provided by statute or treaty.
d. Roads needed to restore wildlife habitat.
To the extent consistent with the Tongass National Forest Land and
Resource Management Plan and all applicable laws, the Regional Forester
for Region 10, for the purposes of this section, has specific authority
to determine that a compelling need exists to provide for the multiple-
use and sustained-yield of all renewable resources of the Tongass
National Forest, including seeking to meet market demand for timber.
3. Environmental mitigation and environmental restoration of
unclassified roads are appropriate in inventoried roadless and
contiguous unroaded areas and must follow NEPA-based decisionmaking
processes. However, reconstruction or maintenance of unclassified roads
in inventoried roadless and contiguous unroaded areas is inappropriate,
other than to prevent or correct resource damage, as such activity
would lead to de facto road development.
7712.16c--Duration of the Interim Requirements
The interim requirements set forth in FSM 7712.16 through 7712.16b
remain in effect until the forest-scale roads analysis has been
completed, and either (1) the forest plan has been amended or revised
or (2) the Forest Supervisor makes a written determination that the
forest plan does not require amendment or revision to reflect the
findings of the roads analysis.
While the intent of the forest-scale roads analysis is to ensure an
integrated consideration of access needs and opportunities as well as
the effects of transportation management on the resources of the
forest, there may be situations where an intensive area-scale roads
analysis is appropriate (FSM 7712.13b). These specific areas may be
relieved from the interim requirements upon completion of an intensive
area-scale roads analysis and amendment or revision of the forest plan,
or once the Forest Supervisor makes a written determination that the
forest plan does not require amendment or revision as a result of the
area-scale analysis.
7712.16d--Exemptions From Interim Requirements
The procedures established in sections 7712.16a and 7712.16b apply
to a proposal to construct or reconstruct a road in an inventoried
roadless or in contiguous unroaded areas unless the Responsible
Official determines that one of the following circumstances exists:
1. A road is needed to protect public health and safety in cases of
an imminent threat of flood, fire, or other catastrophic event that,
without intervention, would cause the loss of life or property.
2. A road is needed to conduct a response action under the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) or to conduct a natural resource restoration action under
CERCLA, section 311 of the Clean Water Act, or Oil Pollution Act.
3. Road construction is needed in conjunction with the continuation
extension, or renewal of a mineral lease on lands that are under lease
by the Secretary of the Interior as of the January 12, 2001 or for a
new lease issued immediately upon expiration of an existing lease.
7712.3--Network Analysis
Network analysis may be conducted as part of roads analysis to
identify access alternatives. The network analysis shall establish four
important types of transportation cost data:
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1. Environmental effects and possible ecosystem restoration
opportunities.
2. Construction, reconstruction, decommissioning, and maintenance
costs of a road system to a specific area.
3. Variable user- and travel-related costs over a road system for a
resource activity on a unit or output basis.
4. Life-cycle costs of operating and maintaining the road network.
Reanalyze networks and cost estimates when management practices or
management area direction change.
7712.4--Economic Analysis [Reserved]
7712.5--Road Management Objectives
Validate, revise, or establish road management objectives for all
classified National Forest System roads to be consistent with land
management plan direction, project decisions, and the results and
findings of roads analysis. Road management objectives establish the
design criteria (FSM 7720) and operation and maintenance criteria (FSM
7730.3) for each road. The road management objectives require approval
by the Responsible Official (usually the District Ranger) and are
included in the forest road atlas (FSM 7710.44).
7712.6--Scheduling Projects
Integrate the scheduling of decommissioning, reconstruction, and
construction project activities with other resource activities in a
timely manner (FSM 1920).
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