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Motorized Vehicle Use on the Rogue River-Siskiyou National Forest

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[Federal Register: August 26, 2008 (Volume 73, Number 166)]
[Notices]
[Page 50299-50301]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au08-34]
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DEPARTMENT OF AGRICULTURE
Forest Service

Motorized Vehicle Use on the Rogue River-Siskiyou National Forest

AGENCY: Forest Service, USDA.
ACTION: Notice of Intent to prepare an Environmental Impact Statement.

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SUMMARY: The Rogue River-Siskiyou National Forest (Forest) will prepare
an Environmental Impact Statement (EIS) to document and disclose the
potential environmental effects of establishing and designating a
system of roads, trails and areas for wheeled motorized vehicles. The
Proposed Action would designate the location, type of vehicle and
season of use for motorized vehicles

[[Page 50300]]

across the entire Forest in order to meet the intent of the Travel
Management; Designated Routes and Areas for Motor Vehicle Use, Final
Rule that was published on November 9, 2005 (70 FR 216). Over-the-snow
vehicles are excluded from this Proposed Action. A Forest Plan
Amendment would be required to achieve the purpose and need, and
implement the Proposed Action.

DATES: Comments concerning the scope of the analysis, issues about the
Proposed Action, or alternatives to the Proposed Action are most
helpful if received within 45 days following the date that this notice
appears in the Federal Register.

ADDRESSES: Send electronic comments to: con-iments-pacificnorthwest-
rogueriver siskiyou@fs.fed.us. Send written comments to: Travel
Management Team, Rogue River Siskiyou National Forest, Siskiyou
Mountains Ranger District, 645Washington St., Ashland, OR 97520.

FOR FURTHER INFORMATION CONTACT: Steve Johnson, Team Leader, Siskiyou
Mountains Ranger District, 645 Washington St., Ashland, OR 97520.
Phone: (541) 552-2900.

SUPPLEMENTARY INFORMATION:

Background

    On November 9, 2005, the Forest Service published final travel
management regulations in the Federal Register (FR Vol. 70, No. 216-
Nov. 9, 2005, pp. 68264-68291). This final Travel Management Rule
requires designation of those roads, trails, and areas that are open to
motor vehicle use by the public on National Forests. Designations will
be made by class of vehicle and, if appropriate, by time of year. The
final rule prohibits the use of motor vehicles by the public off the
designated system as well as use of motor vehicles on routes and in
areas that are not designated. Persons exempt from the final rule
prohibitions would be those with a permit specifically authorizing
access. Examples include access to private property, a mining claim or
a communication site.
    In June 2007, the Forest hosted a series of four open houses in
southwest Oregon to provide people an opportunity to learn more about
the Travel Analysis process that identifies and designates roads,
trails, and areas open to motor vehicles. In addition, Forest
representatives met with a number of individuals, groups and
neighboring land management agencies in order for motorized and non-
motorized users alike to get involved early as we began to gather
information for the project.
    Since that time Forest planners and resource specialists have
verified and completed an inventory of existing open roads and trails.
Currently, there are approximately 4,620 road miles and approximately
1,155 trail miles. Motorized trails account for approximately 15% (170
miles) of the total trail miles.
    Under the Proposed Action, roads, trails and areas that are
currently part of the Forest transportation system and are open to
wheeled motorized vehicle travel would remain designated for such use
except as described below. This proposal focuses on the designation of
wheeled motorized vehicle routes and areas. The Proposed Action is
being carried forward in accordance with the Travel Management Rule (36
CFR Part 212).
    In accordance with the rule and following a decision on this
proposal, the Forest will publish a Motor Vehicle Use Map (MVUM)
identifying all Forest roads, trails and areas that are designated open
for motor vehicle use by the public. The MVUM shall specify the classes
of vehicles and, if appropriate, the times of year for which use is
authorized. The MVUM will be updated and published annually (or more
frequently if needed) when changes to the Forest's transportation
system are made. Future decisions associated with changes to the MVUM may
trigger the need for documentation of additional environmental analysis.

Purpose and Need

    The purpose for action is to enact the Travel Management Rule.
Motorized use is a popular use and is an important form of recreation
for many individuals, families, and groups. A designated and managed
system is needed to provide this use. Increased demand for motorized
use, lack of designated areas/routes, and the inconsistent direction
contained in the Forest Plans, has led to resource damage and social
impacts, user conflicts, and safety concerns.

Proposed Action

    Based on the stated purpose and need for action and as a result of
the recent Travel Analysis process, the Forest proposes to:
    • Prohibit motorized public access on approximately 60-65 miles
of roads currently open in order to minimize or reduce resource damage;
    • Formally designate approximately 3,390 miles of road where
mixed use would be allowed. Mixed use is defined as designation of a
National Forest System (NFS) road for use by both highway-legal and
non-highway-legal motor vehicles;
    • Construct two motorized trails to provide loop route
opportunities (approximately 2 miles);
    • Convert approximately 20-25 miles of NFS roads to motorized trails;
    • Designate two areas where off-road motorized use is
allowed. This includes continued use of the Woodruff area near Prospect
and the development of an additional area near Willow Lake. Both areas
are located on the High Cascades Ranger District; and
    • Enact Forest Plan amendments to make the plans consistent
with the Travel Management Rule. The Rogue River-Siskiyou National
Forest is guided by two separate Forest Plans.
    Maps illustrating the Proposed Action can found at:
www.fs.fed.us/r6/roguesiskiyou/projects/travel/.
    In addition, maps will be available for viewing at:
Forest Supervisor's Office, 3040 Biddle Road, Medford, OR 97504
Gold Beach Ranger District, 29279 Ellensburg Ave., Gold Beach, OR 97444
or 539 Chetco Aye, Brookings, OR 97415
High Cascades Ranger District, 47201 Highway 62, Prospect, OR 97536 or
730 Laurel St., Butte Falls, OR 97522
Powers Ranger District, 42861 Highway 242, Powers, OR 97466
Siskiyou Mountains Ranger District, 6941 Upper Applegate Road,
Jacksonville, OR 97530 or 645 Washington Street, Ashland, OR 97520
Wild Rivers Ranger District, 2164 N.E. Spalding Avenue, Grants Pass, OR
97526 or 26568 Redwood Hwy., Cave Junction, OR 97523

Responsible Official

    The Forest Supervisor, Scott D. Conroy, is the Responsible Official
for making the decision and providing direction for the analysis under
the National Environmental Policy Act (NEPA).

Scoping and NEPA Process

    Public participation will be especially important at several points
during the analysis. The Forest Service will be seeking information,
comments, and assistance from the federal, state, and local agencies
and other individuals or organizations who may be interested in or
affected by the Proposed Action.
    The Draft Environmental Impact Statement is expected to be filed
with the Environmental Protection Agency (EPA) and to be available for
public review by December 2008. EPA will publish a notice of
availability (NOA) of the Draft EIS in the Federal Register.

[[Page 50301]]

The comment period on the Draft EIS will extend 45 days from the date
the EPA publishes the NOA in the Federal Register. At that time, copies
of the Draft EIS will be distributed to interested and affected
agencies, organizations, and members of the public for their review and
comment. It is very important that those interested in the management
of the Rogue River-Siskiyou National Forest participate at that time.
Submission of comments in response to the Draft EIS is a prerequisite
for eligibility to appeal under the 36 CFR part 217 regulations.
    The Final EIS is scheduled to be completed in February 2009. In the
Final EIS, the Forest Service will respond to comments received during
the comment period that pertain to the environmental consequences
discussed in the Draft EIS and applicable laws, regulations, and
policies considered in making the decision.

Comment Requested

    This Notice of Intent initiates the scoping process which guides
the development of the Environmental Impact Statement. Comments
received, including the names and addresses of those who comment, will
be considered part of the public record on this proposal and will be
available for public inspection.
    The Forest Service believes, at this early stage, it is important
to give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
Draft Environmental Impact Statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's position and
contentions (Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
553 (1978)). Also, environmental objections that could be raised at the
Draft Environmental Impact Statement stage, but that are not raised
until after completion of the Final Environmental Impact Statement may
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,
it is very important that those interested in this Proposed Action
participate by the close of the 45 day comment period so that
substantive comments and objections are made available to the Forest
Service at a time when it can meaningfully consider them and respond to
them in the Final Environmental Impact Statement.
    To assist the Forest Service in identifying and considering issues
and concerns on the Proposed Action, comments on the Draft
Environmental Impact Statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
Draft Environmental Impact Statement. Comments may also address the
adequacy of the Draft Environmental Impact Statement or the merits of
the alternatives formulated and discussed in the statement. Reviewers
may wish to refer to the Council on Environmental Quality Regulations
for implementing the procedural provisions of the National
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21)

    Dated: August 18, 2008.
Scott D. Conroy,
Forest Supervisor, Rogue River-Siskiyou National Forest.
[FR Doc. E8-19675 Filed 8-25-08; 8:45 am]
BILLING CODE 3410-11-M

 
 


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