51116 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 

is listed under the heading ADDRESSES at 

the beginning of this notice). 

Done in Washington, DC, this 29th day of 

September 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–23947 Filed 10–2–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2009–0073] 

Notice of Availability of a Bovine 

Tuberculosis Program Concept Paper 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: We are advising the public 

that the Animal and Plant Health 

Inspection Service is making a concept 

paper describing a new direction for the 

bovine tuberculosis program available 

for public review and comment. The 

cooperative Federal-State-industry effort 

to eradicate bovine tuberculosis from 

cattle in the United States has made 

significant progress since the program’s 

inception in 1917. However, several 

challenges impede eradication. The 

concept paper we are making available 

presents our current thinking about 

changes we are considering for the 

bovine tuberculosis to address these 

challenges. 

DATES: We will consider all comments 

that we receive on or before 

December 4, 2009. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2009-0073 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS–2009–0073, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2009–0073. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Alecia Naugle, National Tuberculosis 

Program Coordinator, Ruminant Health 

Programs, VS, APHIS, 4700 River Road 

Unit 43, Riverdale, MD 20737; (301) 

734–6954. 

SUPPLEMENTARY INFORMATION: 

Background 

Bovine tuberculosis (TB) is a 

contagious and infectious 

granulomatous disease caused by the 

bacterium Mycobacterium bovis. 

Although commonly defined as a 

chronic debilitating disease, bovine TB 

can occasionally assume an acute, 

rapidly progressive course. While any 

body tissue can be affected, lesions are 

most frequently observed in the lymph 

nodes, lungs, intestines, liver, spleen, 

pleura, and peritoneum. Although cattle 

are considered to be the true hosts of M. 

bovis, the disease has been reported in 

several other species of both domestic 

and nondomestic animals, as well as in 

humans. 

At the beginning of the past century, 

bovine TB caused more losses of 

livestock than all other livestock 

diseases combined. This prompted the 

establishment in the United States of the 

National Cooperative State/Federal 

Bovine Tuberculosis Eradication 

Program for bovine TB in livestock. 

In carrying out the national 

eradication program, the Animal and 

Plant Health Inspection Service (APHIS) 

issues and enforces regulations. The 

regulations require the testing of cattle, 

bison, and captive cervids for bovine 

TB, define the Federal bovine TB status 

levels for States or zones (accreditedfree, modified accredited advanced, 

modified accredited, accreditation 

preparatory, and nonaccredited), 

provide the criteria for attaining and 

maintaining those status levels, and 

contain testing and movement 

requirements for cattle, bison, and 

captive cervids leaving States or zones 

of a particular status level. These 

regulations are contained in 9 CFR part 

77 and in the Bovine Tuberculosis 

Eradication Uniform Methods and 

Rules, 1999, which is incorporated by 

reference into the regulations. 

This document announces the 

availability of a concept paper, ‘‘A New 

Approach for Managing Bovine 

Tuberculosis: Veterinary Services’ 

Proposed Action Plan.’’ Bovine TB has 

significant animal health, public health, 

and international trade consequences. 

The cooperative Federal-State-industry 

effort to eradicate this disease from 

cattle in the United States has made 

significant progress since the program’s 

inception in 1917. However, several 

challenges impede eradication. This 

concept paper presents the current 

thinking of the APHIS’ Veterinary 

Services (VS) about changes we are 

considering for the TB program to 

address these challenges. 

The concept paper provides an action 

plan that: 

1. Enhances efforts to mitigate disease 

transmission from wildlife and 

imported animals; 

2. Enhances bovine TB surveillance 

through a comprehensive national 

surveillance plan and accelerated 

development of new diagnostic tests; 

3. Expands disease management 

options and control strategies; 

4. Modernizes the regulatory 

framework to allow VS to better focus 

resources; and 

5. Transitions the bovine TB program 

from a State classification system to a 

science-based zoning approach. 

The bovine TB concept paper may be 

viewed on the Internet at the 

Regulations.gov Web site (see 

ADDRESSES above for instructions on 

accessing Regulations.gov). You may 

request paper copies of the document by 

calling or writing to the person listed 

under FOR FURTHER INFORMATION

CONTACT. Please refer to the title of the 

document when requesting copies. The 

document is also available for review in 

our reading room (information on the 

location and hours of the reading room 

is listed under the heading ADDRESSES at 

the beginning of this notice). 

Done in Washington, DC, this 29th day of 

September 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–23948 Filed 10–2–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Continental Divide National Scenic 

Trail Comprehensive Plan; FSM 2350 

AGENCY: Forest Service, USDA. 

ACTION: Notice of final amendments to 

comprehensive plan and final 

directives. 


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Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 51117 

SUMMARY: The Forest Service is 

amending the Continental Divide 

National Scenic Trail (CDNST) 

Comprehensive Plan and internal 

agency directives at Forest Service 

Manual (FSM) 2350. The CDNST 

Comprehensive Plan provides overall 

direction for the development, 

management, and use of the CDNST. 

FSM 2350 guides policy, development, 

and management of the CDNST on 

National Forest System lands. This 

notice discusses the changes to the 

CDNST Comprehensive Plan, responds 

to comments received from the public, 

and makes final changes to FSM 2350. 

DATES: Effective Date: The amendments 

to the CDNST Comprehensive Plan and 

the implementing directives at FSM 

2350 are effective November 4, 2009. 

FOR FURTHER INFORMATION CONTACT: Greg 

Warren, CDNST National Administrator, 

(303) 275–5054, gwarren@fs.fed.us. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

1. Background 

2. Public Comments and Responses 

3. Regulatory Certifications 

4. Final Amendments to the CDNST 

Comprehensive Plan 

5. Final Amendments to FSM 2350 

1. Background 

History and Administration of the 

CDNST 

The CDNST was established by the 

National Parks and Recreation Act of 

1978 (Pub. L. No. 95–625, 92 Stat. 3467), 

which amended the National Trails 

System Act of 1968 (16 U.S.C. 1241– 

1251). The National Parks and 

Recreation Act: 

• Established the CDNST between the 

Montana-Canada and New MexicoMexico borders; 

• Provided for administation of the 

CDNST by the Secretary of Agriculture, 

in consultation with the Secretary of the 

Interior; 

• Despite the general prohibition on 

motor vehicle use by the public on 

National Scenic Trails (16 U.S.C. 

1246(c)), provided for motor vehicle use 

on road segments of the CDNST in 

accordance with applicable regulations 

(16 U.S.C. 1244(a)(5)); and 

• Described management of 

recreation and other uses along the 

CDNST so as not to interfere with the 

nature and purposes for which the 

CDNST was established (16 U.S.C. 

1246(c)). 

The Chief of the Forest Service adopted 

the 1976 CDNST Study Report and 1977 

CDNST Final Environmental Impact 

Statement on August 5, 1981 (40 FR 

150) pursuant to the National Trails 

System Act (16 U.S.C. 1244(b)). 

The National Trails System Act 

requires the Secretary of Agriculture, in 

consultation with other affected Federal 

agencies, the governors of affected 

states, and the relevant advisory council 

established pursuant to the Act, to 

prepare a comprehensive plan for the 

management and use of the CDNST (16 

U.S.C. 1244(f)). The Forest Service goal 

in 1981 for the CDNST Comprehensive 

Plan was to provide a uniform trail 

management program reflecting the 

purposes of the CDNST while providing 

for use and protection of the natural and 

cultural resources along the CDNST. 

The Chief of the Forest Service 

approved the Comprehensive Plan for 

the CDNST in 1985. 

The CDNST crosses Federal lands 

administered by the United States 

Department of Agriculture, Forest 

Service, and the United States 

Department of the Interior, Bureau of 

Land Management, and National Park 

Service. The Regional Forester of the 

Rocky Mountain Region is the lead 

Forest Service official for coordinating 

matters concerning the study, planning, 

and operation of the CDNST (FSM 

2353.04). 

Federal interagency trail programs 

generally are coordinated through an 

interagency memorandum of 

understanding (MOU) governing the 

National Trails System (06–SU– 

11132424–196). Programs specific to the 

CDNST are developed and coordinated 

through the CDNST Interagency 

Leadership Council (Council), 

consisting of Regional Foresters for the 

Forest Service, State Directors for the 

Bureau of Land Management, and a 

Regional Director for the National Park 

Service. The Council provides 

leadership and oversight to complete 

and sustain the CDNST and ensures 

consistent, coordinated, and effective 

programs for the CDNST. 

The Nature and Purposes of the CDNST 

A 1997 memorandum from the 

Deputy Chief of the Forest Service to 

Regional Foresters states: 

As the CDNST is further developed, it is 

expected that the trail will eventually be 

relocated off of roads for its entire length. 

The memorandum further states: 

It is the intent of the Forest Service that the 

CDNST will be for non-motorized recreation. 

* * * Allowing motorized use on these 

newly constructed trail segments would 

substantially interfere with the nature and 

purpose of the CDNST. 

This memorandum clarifies the Forest 

Service’s intent with respect to motor 

vehicle use on newly constructed 

CDNST trail segments. In addition, this 

memorandum identifies the importance 

of understanding the nature and 

purposes of the CDNST in establishing 

direction governing its development and 

management. 

In 2004, the Council adopted the 

following guiding principles for the 

CDNST: 

Complete the Trail to connect people and 

communities to the Continental Divide by 

providing scenic, high-quality, primitive 

hiking and horseback riding experiences, 

while preserving the significant natural, 

historic, and cultural resources along the 

Trail. 

In 2005, the three participating 

Federal agencies executed an 

interagency MOU (05–MU–11020000– 

071) to address CDNST programs and 

management consistent with the 2004 

guiding principles for the CDNST. The 

cooperative work under the MOU led to 

development of these amendments. 

These final amendments and 

directives revise the nature and 

purposes of the CDNST to track those 

identified in the 1976 CDNST Study 

Report and 1977 CDNST Final 

Environmental Impact Statement. The 

CDNST Study Report states: 

The primary purpose of this trail is to 

provide a continuous, appealing trail route, 

designed for the hiker and horseman, but 

compatible with other land uses. * * * One 

of the primary purposes for establishing the 

Continental Divide National Scenic Trail 

would be to provide hiking and horseback 

access to those lands where man’s impact on 

the environment has not been adverse to a 

substantial degree and where the 

environment remains relatively unaltered. 

Therefore, the protection of the land resource 

must remain a paramount consideration in 

establishing and managing the trail. There 

must be sufficient environmental controls to 

assure that the values for which the trail is 

established are not jeopardized. * * * The 

basic goal of the trail is to provide the hiker 

and rider an entree to the diverse country 

along the Continental Divide in a manner, 

which will assure a high quality recreation 

experience while maintaining a constant 

respect for the natural environment. * * * 

The Continental Divide Trail would be a 

simple facility for foot and horseback use in 

keeping with the National Scenic Trail 

concept as seen in the Appalachian and 

Pacific Crest Trails. 

The amended CDNST Comprehensive 

Plan and its implementing directives 

will more accurately reflect the nature 

and purposes of the CDNST and the 

requirements of the National Trails 

System Act (16 U.S.C. 1244(f)). As work 

on the CDNST progresses, further 

revisions to the CDNST Comprehensive 

Plan may be required. For additional 

information on CDNST programs, visit 

http://www.fs.fed.us/cdt. 


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51118 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 

2. Public Comments and Responses 

On June 12, 2007, the Forest Service 

published in the Federal Register for 

public notice and comment the 

proposed amendments to the 1985 

CDNST Comprehensive Plan and 

accompanying Forest Service directives 

(72 FR 112). The 60-day public 

comment period was extended for 60 

days (72 FR 148). 

The Forest Service received over 

8,000 letters or electronic mail in 

response to the proposed amendments 

and directives. The respondents fell into 

the following categories: 

Motor vehicle organizations: 7. 

Mountain biking organizations: 5. 

National scenic trail organizations: 6. 

Recreation or conservation 

organizations: 10. 

City, county, and elected officials: 2. 

Unaffiliated, unique response: 

approximately 800. 

Other (principally mountain biking 

enthusiasts, who submitted comments 

in the form of the same electronic mail): 

approximately 7,200. 

Many respondents supported the 

proposed amendments and directives. 

Most respondents were concerned about 

access for motor vehicles and bicycles. 

Nature and Purposes Statement; 

Proposed FSM 2353.42, Paragraph 4 

(Final Amendments to the CDNST 

Comprehensive Plan, All Chapters; FSM 

2353.42, in the Final Directives) 

Comments. One respondent believed 

that the 1985 CDNST Comprehensive 

Plan had to remain unchanged to 

preserve its integrity for current and 

future issues. 

Another respondent observed that the 

proposed nature and purposes statement 

for the CDNST appeared to derive, 

appropriately, from a number of 

sources, including section 3(a)(2) of the 

National Trails System Act, the 1976 

CDNST Study Report, and the 1977 

CDNST Final Environmental Impact 

Statement. 

Some respondents requested 

modification of the proposed nature and 

purposes statement to provide for highquality scenic, bicycling, and motorized 

opportunities, as well as high-quality 

scenic, primitive hiking and horseback 

riding opportunities. Other respondents 

stated that activities such as crosscountry skiing and snowshoeing should 

be considered comparable to hiking 

with respect to the nature and purposes 

of the CDNST. 

Several respondents claimed that the 

nature and purposes of the CDNST were 

modified by a 1983 amendment of the 

National Trails System Act to include 

other uses, such as bicycling. 

Another respondent stated that the 

proposed nature and purposes statement 

omitted part of the policy statement for 

National Scenic Trails from the National 

Trails System Act, specifically, the 

policy that National Scenic Trails are to 

provide for maximum outdoor 

recreation potential and conservation of 

natural, historic, and cultural resources. 

Another respondent recommended 

removing the phrase ‘‘non-motorized’’ 

from the statement on the grounds that 

the word ‘‘primitive’’ is sufficient to 

provide for a quiet, nature-based 

experience for hikers and equestrians. 

Other respondents wanted the word 

‘‘primitive’’ removed on the grounds 

that it was ambiguous. 

Another respondent noted that the 

proposed amendments to the CDNST 

Comprehensive Plan and FSM 2350 

should apply to the extent applicable to 

provisions that were not specifically 

referenced. Therefore, this respondent 

believed that the amended CDNST 

Comprehensive Plan and directives 

should state that the amendments to the 

plan and directives supersede any other 

provisions of the plan and directives to 

the extent of any inconsistency. 

Response: The amendments to the 

1985 CDNST Comprehensive Plan and 

corresponding directives are to ensure 

that the nature and purposes of the 

CDNST track those in the 1976 CDNST 

Study Report and 1977 CDNST Final 

Environmental Impact Statement, which 

were prepared pursuant to the National 

Trails System Act (16 U.S.C. 1244(b)). 

The 1976 CDNST Study Report states: 

The primary purpose of this trail is to 

provide a continuous, appealing trail route, 

designed for the hiker and horseman, but 

compatible with other land uses. * * * One 

of the primary purposes for establishing the 

Continental Divide National Scenic Trail 

would be to provide hiking and horseback 

access to those lands where man’s impact on 

the environment has not been adverse to a 

substantial degree and where the 

environment remains relatively unaltered. 

Therefore, the protection of the land resource 

must remain a paramount consideration in 

establishing and managing the trail. There 

must be sufficient environmental controls to 

assure that the values for which the trail is 

established are not jeopardized. * * * The 

basic goal of the trail is to provide the hiker 

and rider an entree to the diverse country 

along the Continental Divide in a manner, 

which will assure a high-quality recreation 

experience while maintaining a constant 

respect for the natural environment. * * * 

The Continental Divide Trail would be a 

simple facility for foot and horseback use in 

keeping with the National Scenic Trail 

concept as seen in the Appalachian and 

Pacific Crest Trails. 

Thus, the 1976 CDNST Study Report 

states that the primary purpose of the 

CDNST is to provide a high-quality 

recreation experience for hiking and 

horseback riding. 

Consistent with the National Trails 

System Act, the 1976 CDNST Study 

Report, and the 1977 CDNST Final 

Environmental Impact Statement, the 

amended CDNST Comprehensive Plan 

states that the nature and purposes of 

the CDNST are to provide for highquality scenic, primitive hiking and 

horseback riding opportunities and to 

conserve natural, historic, and cultural 

resources along the CDNST corridor. 

The amended CDNST Comprehensive 

Plan and final directives implementing 

the amendments to the CDNST 

Comprehensive Plan on National Forest 

System lands provide that backpacking, 

nature walking, day hiking, horseback 

riding, nature photography, mountain 

climbing, cross-country skiing, and 

snowshoeing are compatible with the 

nature and purposes of the CDNST 

(final amendments to the CDNST 

Comprehensive Plan, Chapter IV(B)(5); 

FSM 2353.44b, para. 8, in the final 

directives). The amendments to the 

CDNST Comprehensive Plan and 

directives ensure consistency with the 

nature and purposes of the CDNST in 

the context of right-of-way acquisition, 

land management planning, scenery 

management, recreation resource 

management, motor vehicle use, trail 

and facility standards, and carrying 

capacity. 

The 1983 amendment to the National 

Trails System Act, which added 16 

U.S.C. 1246(j), does not modify the 

nature and purposes of the CDNST. The 

added subsection simply lists uses and 

vehicles that may be permitted on 

National Trails generally. 

The National Trails System Act states 

that all National Scenic Trails must be 

so located to provide for maximum 

outdoor recreation potential and 

conservation of natural, historic, and 

cultural resources (16 U.S.C. 1242(a)(2)). 

This requirement is reflected in the 

nature and purposes statement in the 

amended CDNST Comprehensive Plan, 

which states that the nature and 

purposes of the CDNST are to provide 

for high-quality scenic, primitive hiking 

and horseback riding opportunities and 

to conserve natural, historic, and 

cultural resources along the CDNST 

corridor. Where possible, the CDNST 

will be located in primitive or semiprimitive non-motorized settings, which 

will further contribute to providing for 

maximum outdoor recreation potential 

and conservation of natural, historic, 

and cultural resources in the areas 

traversed by the CDNST (FSM 2353.44b, 

para. 8, in the final directives). 

The Forest Service has removed the 

words ‘‘non-motorized’’ and 


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‘‘recreational’’ from the nature and 

purposes statement for the CDNST, as 

these words were redundant. ‘‘Highquality scenic, primitive hiking and 

horseback riding’’ are non-motorized 

recreation opportunities. The Agency 

has not removed the word ‘‘primitive’’ 

from the nature and purposes statement, 

as it is not redundant and is not 

ambiguous. It means ‘‘of or relating to 

an earliest or original stage or state.’’ 

Webster’s II New Riverside University 

Dictionary 934 (1984). Preferred 

recreation settings, including primitive 

or semi-primitive non-motorized 

categories, are delineated in the Forest 

Service’s Recreation Opportunity 

Spectrum system (FSM 2311.1) and 

described in the CDNST Comprehensive 

Plan, Chapter IV(B)(5). 

The amendments to the 1985 CDNST 

Comprehensive Plan apply throughout 

the document to the extent applicable, 

not just to the provisions that are 

specifically referenced in the 

amendments. The Forest Service agrees 

that this intent should be expressly 

stated. Therefore, the Agency has added 

the following statement to the 

amendments: 

To the extent there is any inconsistency 

between the foregoing revisions and any 

other provisions in the 1985 CDNST 

Comprehensive Plan, the foregoing revisions 

control. 

Land Management Planning; Proposed 

FSM 2353.43, Paragraph 1 (FSM 

2353.44b, Paragraph 1, in the Final 

Directives) 

Comments: Some respondents 

requested that land management plans 

include standards as well as guidelines 

for the CDNST, as is the case with the 

Appalachian National Scenic Trail, to 

ensure that the CDNST is protected in 

accordance with requirements of the 

National Trails System Act. 

One respondent supported identifying 

management areas for the CDNST. 

Another respondent requested 

clarification on delineating CDNST 

management areas in wilderness. 

Another respondent requested that 

management areas extend one-quarter 

mile from either side of the CDNST. 

Response: The Agency has revised 

proposed FSM 2353.43, para.1 (FSM 

2353.44b, para. 1, in the final directives) 

to provide for adopting standards and 

guidelines in land management plans 

for administrative units traversed by the 

CDNST and to clarify the guidance for 

delineating a management area. 

Specifically, the final directives provide 

that, except where the CDNST traverses 

a wilderness area and is governed by 

wilderness management prescriptions 

(36 CFR Part 293), these land 

management plans must prescribe 

desired conditions, objectives, 

standards, and guidelines for the 

CDNST corridor by establishing a 

management area for the CDNST that is 

broad enough to protect natural, scenic, 

historic, and cultural features (FSH 

1909.12), 

With regard to management areas for 

National Trails, H.R. Rep. No 90–1631 

on the National Trails System Act states: 

The rights-of-way for the trails will be of 

sufficient width to protect natural, scenic, 

cultural, and historic features along the trails 

and to provide needed public use facilities. 

The rights-of-way will be located to avoid 

established uses that are incompatible with 

the protection of a trail in its natural 

condition and its use for outdoor recreation. 

1968 U.S. Code Cong.& Admin. News 

3855, 3863–3864, 3867. 

Further, Executive Order (E.O.) 13195 

states: 

Federal agencies will * * * protect, connect, 

promote, and assist trails of all types * * *. 

This will be accomplished by * * * 

protecting the trail corridors associated with 

National Scenic Trails * * * to the degree 

necessary to ensure that the values for which 

[the] trail was established remain intact. 

To give local managers discretion to 

address site-specific conditions, the 

final directives do not prescribe 

minimum widths for the CDNST 

corridor. Rather, consistent with the 

legislative history for the National Trails 

System Act and E.O. 13195, FSM 

2353.44b, para. 1a, in the final 

directives states that the land 

management plan for administrative 

units through which the CDNST 

traverses must, except where the 

CDNST is located in a wilderness area 

and is governed by wilderness 

management prescriptions, establish a 

management area for the CDNST that is 

broad enough to protect natural, scenic, 

historic, and cultural features (FSH 

1909.12). FSM 2353.44b, para. 2b, in the 

final directives contains the same 

requirement for CDNST unit plans, 

provided that this requirement is not 

already met in the applicable land 

management plan or wilderness 

management prescriptions. 

CDNST Unit Plans; Proposed FSM 

2353.43, Paragraph 2 (FSM 2353.44b, 

Paragraph 2, in the Final Directives) 

Comments: Respondents were mostly 

supportive of requiring development of 

unit plans to meet the site-specific 

requirements of the National Trails 

System Act. However, some 

respondents expressed concerns about 

requiring site-specific analysis at the 

level of an administrative unit for 

mountain biking on the CDNST. These 

respondents believed that this analysis 

would be time-consuming and 

burdensome and should instead be 

conducted at the regional level. Some 

respondents proposed including a 

definition for ‘‘carrying capacity’’ or 

using different terminology for that 

term, such as ‘‘type and volume of use.’’ 

Response: The provisions of the final 

directives governing unit plans establish 

guidance for site-specific planning for 

the CDNST consistent with the National 

Trails System Act, the 1976 CDNST 

Study Report, and the 1977 Final 

Environmental Impact Statement. 

Decisions regarding whether to allow 

certain types of uses on the CDNST will 

be best decided through land 

management planning and appropriate 

environmental analysis. 

Section 5(f)(1) of the National Trails 

System Act (16 U.S.C. 1244(f)(1)) 

requires carrying capacity to be 

established for the CDNST. The Agency 

is removing the definition for ‘‘carrying 

capacity’’ from the 1985 CDNST 

Comprehensive Plan and replacing it 

with a statement that provides for using 

the Limits of Acceptable Change 

(described in Forest Service General 

Technical Report INT–GTR–371 and 

other publications) or a similar system 

to establish carrying capacity, consistent 

with the nature and purposes of the 

CDNST and the applicable land 

management plan (final amendments to 

the CDNST Comprehensive Plan, 

Chapter IV(B)(9); FSM 2353.44b, para. 

2f, in the final directives). 

Monitoring; New FSM 2353.44b, 

Paragraphs 1c, 2g, and 3,in the Final 

Directives 

Comments: Respondents requested an 

increased emphasis on monitoring 

conditions on the CDNST. 

Response: The Agency has added 

several provisions on monitoring in the 

final directives. FSM 2353.44b, para. 1c, 

requires that the land management plan 

for an administrative unit through 

which the CDNST passes establish a 

monitoring program to evaluate the 

condition of the CDNST in the 

management area. FSM 2353.44b, para. 

2g, requires each unit plan for the 

CDNST to establish monitoring 

programs to evaluate the site-specific 

conditions of the CDNST. FSM 

2353.44b, para. 3, requires that 

implementation of a CDNST unit plan 

be monitored by establishing a program 

to evaluate and report on the overall 

condition of the segment of the CDNST 

that traverses that unit as related to the 

nature and purposes of the CDNST. 

Monitoring will ensure that the ROS for 

the primary uses of the CDNST allows 

for high-quality recreational 

experiences. 


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51120 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 

Scenery Management; Proposed FSM 

2353.43, Paragraph 3, and FSM 2353.44, 

Paragraph 1 (Final Amendments to the 

CDNST Comprehensive Plan, Chapter 

IV(B)(4); FSM 2353.44b, Paragraph 7, in 

the Final Directives) 

Comments: Respondents supported 

the direction on scenery management in 

the proposed directives, but suggested 

more emphasis on middle ground and 

background scenic quality. Other 

respondents wanted the proposed 

directives to address restoration of 

degraded ecosystems. 

Response: For scenery management 

purposes, the CDNST is categorized as 

a concern level 1 route, with a scenic 

integrity objective as high or very high. 

The Forest Service’s Scenery 

Management System (SMS) (FSM 

2382.1; Landscape Aesthetics: A 

Handbook for Scenery Management, 

Agricultural Handbook 701, 1995, 

http://www.fs.fed.us/cdt) and the Visual 

Management System (VMS) in Bureau of 

Land Management Manual 8400 

sufficiently address middle ground and 

background scenic quality. Therefore, 

additional scenery management 

direction in the final plan amendments 

and directives is unnecessary. The 

scenery and visual management 

objectives in the SMS and VMS provide 

for a high degree of protection and 

restoration of natural resources within 

the CDNST corridor. 

Recreation Opportunity Spectrum; 

Proposed FSM 2353.43, Paragraph 4, 

and FSM 2353.44, Paragraph 2 (Final 

Amendments to the CDNST 

Comprehensive Plan, Chapter IV(B)(5); 

FSM 2353.44b, Paragraph 8, in the Final 

Directives) 

Comments: Respondents supported 

using the Recreation Opportunity 

Spectrum (ROS) in managing the 

CDNST. However, some respondents 

wanted the entire CDNST corridor to 

reflect primitive or semi-primitive 

conditions. 

One respondent stated that where a 

segment of the CDNST must be located 

in an ROS setting that is not primitive 

or semi-primitive, management 

guidelines for that segment should 

include as a long-term goal changing the 

setting to primitive or semi-primitive. 

Other respondents wanted the 

amended CDNST Comprehensive Plan 

and implementing directives to provide 

that when any new segment of the 

CDNST is classified as non-motorized in 

an area that has historically been 

motorized a replacement trail should be 

classified as motorized. 

Some respondents suggested that the 

CDNST Comprehensive Plan and 

implementing directives state that 

motorized use is incompatible with the 

nature and purposes of the CDNST. 

Response: The CDNST 

Comprehensive Plan amendments and 

implementing directives is to encourage 

location of the CDNST in primitive or 

semi-primitive non-motorized areas, 

which will maximize the recreation 

potential of the areas along the CDNST. 

Management objectives for the setting 

and uses of the CDNST corridor will be 

further prescribed through land 

management planning to address 

desired future conditions. CDNST 

segments will be developed and 

managed according to ROS objectives 

prescribed through land management 

planning, guided by the amended 

CDNST Comprehensive Plan. The 

CDNST is a concern level 1 route with 

a scenic integrity objective of high or 

very high (final amendments to the 

CDNST Comprehensive Plan, Chapter 

IV(B)(4); FSM 2353.44b, para. 7), which 

will help ensure that the ROS setting in 

the CDNST corridor will be maintained 

or improved. 

To address recreation needs and 

opportunities for all trail users, CDNST 

plans typically will be prepared in 

conjunction with travel management or 

similar site-specific plans. For clarity, 

the Agency has added a provision in the 

amended CDNST Comprehensive Plan, 

Chapter IV(B)(5), and in FSM 2353.44b, 

para. 8, of the final directives listing the 

recreation activities that are compatible 

with the nature and purposes of the 

CDNST, per the 1976 CDNST Study 

Report. 

Consistent with the National Trails 

System Act, the 1976 CDNST Study 

Report, and the 1977 CDNST 

Environmental Impact Statement, motor 

vehicle use is prohibited on the CDNST, 

other than in accordance with Chapter 

IV(B)(6) of the amended CDNST 

Comprehensive Plan and FSM 2353.44b, 

para. 11, in the final directives. 

Constructing Segments of the CDNST; 

Proposed FSM 2353.43, Paragraph 5 

(Removed From the Amended CDNST 

Comprehensive Plan and Final 

Directives) 

Comments: Several respondents 

expressed concern that the direction in 

proposed FSM 2353.43, para. 5, to limit 

construction of CDNST segments could 

affect the ability to select the optimum 

location for the CDNST and could 

adversely affect motor vehicle use. 

Another respondent requested that the 

CDNST be located on existing trails 

where they are adequate to meet the 

needs of the CDNST. Respondents also 

stated that the proposed amendments 

and directives should not diminish the 

ability to establish side and connecting 

trails for the CDNST. 

Response: The Agency has removed 

the direction regarding construction of 

CDNST segments from the amended 

CDNST Comprehensive Plan and final 

directives, since issues concerning 

development of the CDNST can be 

appropriately addressed through 

environmental analysis associated with 

land and resource management plans 

and site-specific plans. 

Motor Vehicle Use; Proposed FSM 

2353.43, Paragraph 6; Management of 

Motor Vehicle Use That May Be 

Allowed; Proposed FSM 2353.44, 

Paragraph 4; Management of Motor 

Vehicle Use That Shall Be Allowed; 

Proposed FSM 2353.44, Paragraph 5 

(Final Amendments to the CDNST 

Comprehensive Plan, Chapter IV(B)(6); 

Consolidated into FSM 2353.44b, 

Paragraph 11, in the Final Directives) 

Comments: One respondent stated 

that the separate provisions in the 

proposed directives governing motor 

vehicle use that ‘‘may be allowed’’ 

versus motor vehicle use that ‘‘shall be 

allowed’’ were confusing, particularly 

since both provisions contained similar 

prerequisites for allowing motor vehicle 

use. 

One respondent stated that the 

National Trails System Act prohibits the 

use of motor vehicles by the public on 

National Scenic Trails and that the issue 

of motor vehicle use on these trails was 

muddied by the authorizing provision 

for the CDNST, which allows motor 

vehicle use on the CDNST in 

accordance with regulations 

promulgated by the appropriate 

Secretary. 

Several respondents expressed 

concern that allowing off-highway 

vehicle use on the CDNST would 

increase use conflicts and undermine 

the nature and purposes of the CDNST 

to provide high-quality hiking, 

horseback, and other non-motorized 

recreation opportunities. Another 

respondent believed that there would 

never be a situation where motor 

vehicle use on the CDNST would not 

substantially interfere with its nature 

and purposes. Another respondent 

commented that the proposed 

amendments to the CDNST 

Comprehensive Plan and accompanying 

directives needed to state that motor 

vehicle use is incompatible with the 

nature and purposes of the CDNST and 

that although motor vehicle use may be 

allowable on the CDNST in specific 

situations, it should be minimized to 

comply with the intent of the National 

Trails System Act. Another respondent 


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opposed granting exceptions to the Act’s 

prohibition on motor vehicle use. 

Other respondents recognized that 

motor vehicle use may be permissible 

on certain segments of the CDNST in 

some situations. One respondent 

suggested that motor vehicle use could 

be allowed on the CDNST if necessary 

to meet emergencies. Other respondents 

supported motor vehicle use on the 

CDNST by land users, such as timber 

sale purchasers, as provided in the 

National Trails System Act. 

One respondent requested that the 

provisions regarding allowing 

preexisting motor vehicle use include as 

deciding factors the date of construction 

of the trail segment and the type of 

motor vehicle use, such as the vehicle 

class allowed on the segment. Another 

respondent believed that use of the term 

‘‘substantially’’ in relation to other uses’ 

interference with the nature and 

purposes of National Scenic Trails in 

section 7(c) of the National Trails 

System Act (16 U.S.C. 1246(c)) 

demonstrates an intent to accommodate 

motorized use on National Scenic Trails 

where appropriate, as long as it does not 

impair the overall quality of the nonmotorized purposes of the trail. In 

addition, one respondent interpreted 

this section of the Act to provide that 

the proper time for determining whether 

motor vehicle use has been allowed on 

a segment to be included in the CDNST 

is when it is added to the trail. Another 

respondent requested that the proposed 

amendments to the CDNST 

Comprehensive Plan and the proposed 

directives allow motor vehicle use 

where it existed as of the date of 

establishment of the CDNST, consistent 

with the 1985 CDNST Comprehensive 

Management Plan. 

Response: A fundamental purpose of 

the CDNST Comprehensive Plan 

amendments and their implementing 

directives is to address provisions in the 

National Trails System Act regarding 

motor vehicle use. Section 7(c) of the 

National Trails System Act (16 U.S.C. 

1246(c)) contains a prohibition on motor 

vehicle use on National Scenic Trails. 

However, section 7(c) also contains 

several exceptions to the prohibition. 

Notwithstanding section 7(c) of the Act, 

the authorizing provisions for the 

CDNST in section 5(a)(5) of the National 

Trails System Act (16 U.S.C. 1244(a)(5)) 

allow motor vehicle use on roads that 

are established as segments of the 

CDNST, in accordance with regulations 

promulgated by the Forest Service at 36 

CFR part 212, subparts B and C. The 

provisions governing motor vehicle use 

in the final amendments to the CDNST 

Comprehensive Plan and the final 

directives are consistent with sections 

5(a)(5) and 7(c) of the National Trails 

System Act (16 U.S.C. 1244(a)(5) and 

1246(c)). Specifically, the final 

amendments and directives prohibit 

motor vehicle use on the CDNST, other 

than: 

(1) When necessary to meet emergencies; 

(2) When necessary to enable adjacent 

landowners or those with valid outstanding 

rights to have reasonable access to their lands 

or rights; 

(3) For the purpose of allowing private 

landowners who have agreed to include their 

lands in the CDNST by cooperative 

agreement to use or cross those lands or 

adjacent lands from time to time in 

accordance with Federal regulations; 

(4) On a motor vehicle route that crosses 

the CDNST, as long as that use will not 

substantially interfere with the nature and 

purposes of the CDNST; 

(5) When designated in accordance with 36 

CFR Part 212, Subpart B, on National Forest 

System lands or is allowed on public lands 

and 

(a) The vehicle class and width were 

allowed on that segment of the CDNST prior 

to November 10, 1978, and the use will not 

substantially interfere with the nature and 

purposes of the CDNST or 

(b) That segment was constructed as a road 

prior to November 10, 1978; or 

(6) In the case of over-snow vehicles, is 

allowed in accordance with 36 CFR Part 212, 

Subpart C, on National Forest System lands 

or is allowed on public lands and the use 

will not substantially interfere with the 

nature and purposes of the CDNST. 

(Final amendments to the CDNST 

Comprehensive Plan, Chapter IV(B)(6); 

FSM 2353.44b, para. 11, in the final 

directives.) 

For clarity, the Agency has 

consolidated the provisions in the final 

amendments to the CDNST 

Comprehensive Plan and directives that 

govern motor vehicle use (final 

amendments to the CDNST 

Comprehensive Plan, Chapter IV(B)(6); 

FSM 2353.44b, para. 11, in the final 

directives). The first four provisions for 

allowing motor vehicle use are derived 

from section 7(c) of the National Trails 

System Act (16 U.S.C. 1246(c)). The fifth 

and sixth provisions derive from the 

Forest Service’s travel management 

regulation (36 CFR part 212, subparts B 

and C). The fifth provision takes into 

account preexisting motor vehicle use 

by vehicle class and width and uses the 

date of establishment of the CDNST as 

the reference point. 

To the extent appropriate, motor 

vehicle use on the CDNST will be 

addressed in land and resource 

management plans and site-specific 

plans. 

Motor Vehicle Use Restrictions; 

Proposed FSM 2353.44b, Paragraph 6 

(Removed From the Final Amended 

CDNST Comprehensive Plan and 

Directives) 

Comments: Respondents were 

confused about the intent of this 

proposed direction. However, they 

generally supported mitigation of 

impacts from motor vehicle use. Some 

respondents believed that this provision 

was unnecessary because of the Forest 

Service’s travel management rule. 

Response: This provision has been 

removed from the final CDNST 

Comprehensive Plan and directives. The 

Forest Service’s travel management rule 

at 36 CFR parts 212 and 261 and its 

implementing directives provide 

adequate direction for management of 

motor vehicle use on the CDNST. 

Locating the CDNST on Roads; 

Proposed FSM 2353.43, Paragraph 7 

(Final Amendments to the CDNST 

Comprehensive Plan, Chapter IV(B)(5); 

FSM 2353.44b, Paragraph 8, in the Final 

Directives) 

Comments: Many respondents stated 

that the CDNST should not be located 

on roads because roads are open to 

motor vehicle use, which is 

incompatible with the nature and 

purposes of the CDNST. One respondent 

stated that it might have been necessary, 

when Congress authorized the CDNST 

in 1978, to locate segments of the trail 

on motorized routes to maintain its 

continuity, but now it should be moved 

from these routes to permanently 

protected, non-motorized routes 

designed and built for use by hikers and 

equestrians. Another respondent stated 

that roads should be used for the 

CDNST only if no other practicable 

public right-of-way is available. 

Some respondents were concerned 

about implementation of section 5(a)(5) 

of the National Trails System Act (16 

U.S.C. 1244(a)(5)), which provides that 

notwithstanding section 7(c) of the Act 

(16 U.S.C. 1246(c)), which generally 

prohibits motor vehicle use on the 

CDNST, subject to certain exceptions, 

motor vehicle use on roads that are 

segments of the CDNST is permitted in 

accordance with regulations 

promulgated by the appropriate 

Secretary. Specifically, some 

respondents believed that an 

unintended consequence of the 

proposed plan amendments and 

directives could be to require an 

affirmative determination regarding 

motor vehicle use. Another respondent 

believed that the proposed plan and 

directives might unduly limit the 

discretion of the Secretary to 


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promulgate regulations governing motor 

vehicle use on CDNST road segments. 

Response: Consistent with the 

prohibition on motor vehicle use in 

section 7(c) of the National Trails 

System Act (16 U.S.C. 1246(c)), the final 

amendments to the CDNST 

Comprehensive Plan and the final 

directives provide that a CDNST 

segment may be located on a road only 

where it is primitive and offers 

recreational opportunities comparable 

to those provided by a trail with a 

Designed Use of Pack and Saddle Stock, 

provided that the CDNST may have to 

be located on or across motorized routes 

because of the inability to locate the 

trail elsewhere (final amendments to the 

CDNST Comprehensive Plan, Chapter 

IV(B)(6); FSM 2353.44b, para. 8). 

The Forest Service has promulgated 

regulations governing designation of 

roads, trails, and areas for motor vehicle 

use at 36 CFR part 212, subpart B. These 

regulations do not require designation of 

particular routes and areas for motor 

vehicle use. Rather, these regulations 

require creation of a system of routes 

and areas designated for motor vehicle 

use. Once routes and areas are 

designated for motor vehicle use on a 

particular administrative unit or ranger 

district, motor vehicle use that is 

inconsistent with those designations is 

prohibited (36 CFR 261.13). 

Consistent with these regulations, the 

final plan amendments and directives 

provide that use of motor vehicles other 

than over-snow vehicles is allowed on 

the CDNST when it is designated in 

accordance with 36 CFR part 212, 

subpart B, and (a) the designated vehicle 

class and width were allowed on that 

segment of the CDNST prior to 

November 10, 1978 (the date of 

establishment of the CDNST), and the 

use will not substantially interfere with 

the nature and purposes of the CDNST; 

or (b) the designated segment was 

constructed as a road prior to November 

10, 1978. Use of over-snow vehicles is 

allowed on the CDNST consistent with 

36 CFR part 212, subpart C. 

Locating the CDNST in a Wilderness 

Area; Proposed FSM 2353.43, 

Paragraphs 8 (FSM 2353.44b, Paragraph 

4, in the Final Directives) 

Comments: Respondents were mostly 

supportive of locating the CDNST in 

wilderness areas. One respondent 

suggested stating that generally the 

CDNST could be located in a wilderness 

area, so as to make it easier to avoid 

locating a segment in a wilderness area 

when it would result in potential 

adverse effects on natural resources. 

Some respondents expressed concerns 

regarding management of the CDNST in 

wilderness study areas and wilderness 

areas. 

Response: The final directives at FSM 

2353.44b, para. 4, give trail managers 

discretion to locate the CDNST inside or 

outside a wilderness area. Recreational 

use in wilderness areas is governed by 

wilderness regulations and management 

prescriptions. In addition, the final 

directives provide that when the CDNST 

is located in a congressionally 

designated wilderness study area or an 

area recommended for designation as a 

wilderness area in the applicable land 

management plan, the CDNST must be 

managed so as to leave the area 

unimpaired for inclusion in the 

National Wilderness Preservation 

System. 

Easements; Proposed FSM 2353.43, 

Paragraph 9 (FSM 2353.44b, Paragraphs 

5 and 6, in the Final Directives) 

Comments: Many respondents 

supported locating the CDNST within 

the scope of permanent easements. 

Another respondent stated that the 

proposed directives should require 

easements for the CDNST to be wide 

enough to allow for use and 

management of the trail. 

Response: The National Trails System 

Act limits the Forest Service’s ability to 

locate the CDNST within the scope of 

easements. Specifically, section 5(a)(5) 

of the Act (16 U.S.C. 1244(a)(5)) states 

that no land or interest in land outside 

the boundaries of a Federally 

administered area may be acquired by 

the Federal Government for the CDNST 

without the owner’s consent. This 

limitation is included in ‘‘Acquisition of 

Non-Federal Interests in Land,’’ Chapter 

IV(B)(3) of the final amended CDNST 

Comprehensive Plan and in FSM 

2353.44b, para. 5, of the final directives. 

However, the final directives state 

that where the CDNST crosses private 

property, it should be located within the 

scope of a permanent easement (FSM 

5460.3). In addition, FSM 2353.44b, 

para. 5, in the final directives requires 

that CDNST access needs be addressed 

in assessing adjustments to land 

ownership in an administrative unit. 

FSM 2353.44b, para. 1a, requires the 

land management plan for an 

administrative unit through which the 

CDNST passes to establish a 

management area for the CDNST that is 

broad enough to protect natural, scenic, 

historic, and cultural features, except 

where the management area would 

overlap with a wilderness area. The 

scope of the management area will 

guide acquisition of easements for the 

CDNST. 

Cooperative Agreements; new FSM 

2353.44b, Paragraph 6, in the Final 

Directives 

Comments: Some respondents 

suggested addressing cooperative 

agreements with state and local 

governments in this section of the 

proposed directives. 

Response: The Agency has added a 

new provision at FSM 2353.44b, para. 6, 

which provides for execution of 

cooperative agreements with other 

Federal agencies and State, local, and 

tribal governments for CDNST purposes, 

in accordance with section 7(h) of the 

National Trails System Act (16 U.S.C. 

1246(h)). 

Designed Use; Proposed FSM 2353.43, 

Paragraph 10 (FSM 2353.44b, Paragraph 

9, in the Final Directives) 

Comments: Respondents generally 

supported the direction on Designed 

Use in proposed FSM 2353.43, para. 10. 

Designed Use is the Managed Use that 

requires the most demanding design, 

construction, and maintenance 

parameters and that determines which 

design, construction, and maintenance 

parameters will apply to a trail (FSM 

2353.05). A Managed Use is a mode of 

travel that is actively managed and 

appropriate on a trail, based on its 

design and management (FSM 2353.05). 

Some respondents expressed concerns 

about assigning a Designed Use of 

Hiker/Pedestrian to some segments of 

the CDNST and requested that all of the 

CDNST have a Designed Use of Pack 

and Saddle Stock. Some respondents 

expressed concerns regarding 

availability of water sources for hikers 

and equestrians along the CDNST. 

Response: The 1976 CDNST Study 

Report allows for some segments of the 

CDNST to have a Designed Use of 

Hiker/Pedestrian, and some segments 

with that Designed Use exist along the 

CDNST. However, the goal is for new 

CDNST segments to have a Designed 

Use of Pack and Saddle Stock. 

Consistent with this intent, FSM 

2353.44b, para. 9 in the final directives, 

provides that segments of the CDNST 

generally should fall into Trail Class 2 

or 3 and have a Designed Use of Pack 

and Saddle Stock, but that a CDNST 

segment may fall into Trail Class 1, 2, 

or 3 and have a Designed Use of Hiker/ 

Pedestrian where a substantial safety or 

resource concern exists or the direction 

for the management area provides only 

for hiker/pedestrian use. In addition, 

FSM 2353.44b, para. 9, in the final 

directives provides that where a CDNST 

segment has a Designed Use of Hiker/ 

Pedestrian, trail managers must consider 

establishing side trails to accommodate 


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pack and saddle stock needs. With 

regard to available water sources, this 

same paragraph in the final directives 

provides that if the interval between 

natural water sources is excessive, trail 

managers must consider developing and 

protecting water sources for hikers and 

pack and saddle stock use. 

Bicycle Use; Proposed FSM 2353.44, 

Paragraph 7 (Final Amendments to the 

CDNST Comprehensive Plan, Chapter 

IV(B)(5); FSM 2353.44b, Paragraph 10, 

in the Final Directives) 

Comments: One respondent stated 

that proposed FSM 2353.44, para. 7, 

adequately addressed mountain bike use 

where it cannot be avoided on the 

CDNST, but should establish a 

systematic framework for monitoring 

mountain bike use to determine 

thresholds that impair hiking and 

equestrian experiences. Several 

respondents requested that the proposed 

amendments to the CDNST 

Comprehensive Plan and directives 

address not only mountain bike use, but 

other non-motorized uses as well. Other 

respondents stated that the proposed 

amendments to the CDNST 

Comprehensive Plan should give all 

non-motorized uses consideration with 

respect to whether they are allowed on 

the CDNST. 

One respondent believed that 

mountain bike use on the CDNST 

always would substantially interfere 

with the quality of hiking and 

equestrian experiences and that 

substantial safety issues arise when all 

these uses are combined. Another 

respondent was concerned about 

cumulative effects from mountain bike 

use and stated that it would be difficult, 

if not impossible, to analyze effects if 

mountain bike use is considered 

segment by segment. Some respondents 

requested that the section on bicycle use 

be removed. 

Another respondent suggested that 

bicycling be described as an appropriate 

and established use on the CDNST that 

is consistent with the intent of Congress 

and the nature and purposes of the trail. 

Based on their understanding of the 

letter and spirit of the National Trails 

System Act, other respondents 

requested revising the proposed 

amendments to the CDNST 

Comprehensive Plan and directives to 

allow mountain bike use, except where 

the CDNST traverses a wilderness area. 

Response: Consistent with section 7(c) 

of the National Trails System Act (16 

U.S.C. 1246(c)), the final amendments to 

the CDNST Comprehensive Plan, 

Chapter IV(B)(5), and the final directives 

at FSM 2353.44b, para.10, provide that 

bicycle use may be allowed on the 

CDNST if the use is consistent with the 

applicable land and resource 

management plan and will not 

substantially interfere with the nature 

and purposes of the CDNST. 

Monitoring regarding the CDNST 

generally is addressed in FSM 2353.44b, 

para. 1c, 2g, and 3, in the final 

directives. Other non-motorized uses are 

addressed in Chapter IV(B)(5) in the 

amended CDNST Comprehensive Plan, 

and in FSM 2353.44b, para. 8, in the 

final directives, which states that 

backpacking, nature walking, day 

hiking, horseback riding, nature 

photography, mountain climbing, crosscountry skiing, and snowshoeing are 

compatible with the nature and 

purposes of the CDNST. 

The amended CDNST Comprehensive 

Plan and its implementing directives do 

not make site-specific determinations 

regarding use of the CDNST. Rather, the 

amended plan and directives provide a 

framework for managing the CDNST. 

Mountain bike and other possible uses 

of the CDNST will be addressed through 

land management and unit plans. 

Bicycle Use Mitigation; Proposed FSM 

2353.44, Paragraph 8 (Removed From 

the Final Amended CDNST 

Comprehensive Plan and Directives) 

Comments: Some respondents agreed 

that the Forest Service should avoid 

management practices that promote 

bicycle use on the CDNST. 

Many other respondents did not 

support proposed FSM 2353.44, para. 8. 

These respondent noted that bicycling 

use on non-wilderness segments of the 

CDNST deserves fair consideration and 

believed that there are many nonwilderness segments where bicycling 

could occur. 

Other respondents asked that this 

section be removed, since they believed 

that mitigation of mountain bike use on 

the CDNST should be addressed at the 

level of an administrative unit. 

Response: The Agency has removed 

this direction from the final amended 

CDNST Comprehensive Plan and 

directives, since mitigation of bicycle 

use can be adequately addressed 

through requisite environmental 

analysis, land management and unit 

plans, and monitoring of the CDNST. 

General Comment and Responses 

Comments: One respondent believed 

that competitive running and mountain 

biking events on the CDNST are 

incompatible with high-quality scenic, 

primitive hiking and horseback riding 

opportunities. 

Response: The desirability of 

competitive events on the CDNST 

typically will be addressed through land 

and resource management plans and 

site-specific plans. In addition, 

competitive events that involve an entry 

fee or 75 or more people require a 

special use permit and are subject to 

environmental analysis, which will 

determine whether the proposed 

activity would substantially interfere 

with the nature and purposes of the 

CDNST. 

Comments: Respondents 

recommended defining ‘‘affirmative 

determination,’’ ‘‘materially different,’’ 

and ‘‘substantially interfere.’’ 

Response: The term ‘‘affirmative 

determination’’ does not appear in the 

final amended CDNST Comprehensive 

Plan and directives. The Agency does 

not believe definitions for ‘‘materially 

different’’ and ‘‘substantially interfere’’ 

are necessary or appropriate, as these 

terms are used in their ordinary sense 

and could apply in a variety of factual 

situations. These terms will be applied 

case specifically based on applicable 

land and resource management plans, as 

well as applicable carrying capacity and 

the nature and purposes of the CDNST. 

Comments: One respondent requested 

that the proposed amendments to the 

CDNST Comprehensive Plan and 

proposed directives be revised to 

comply with E.O. 13266, Activities to 

Promote Personal Fitness. 

Response: The Forest Service believes 

that the nature and purposes of the 

CDNST to provide for high-quality 

hiking and equestrian opportunities are 

consistent with E.O. 13266. 

Regulatory Impact 

Comments: Some respondents 

believed that the proposed amendments 

to the CDNST Comprehensive Plan and 

the proposed directives would have a 

significant economic impact in two 

counties if mountain bikes were 

precluded from the CDNST. 

Response: Neither the proposed nor 

the final plan amendments and 

directives preclude mountain bike use 

on the CDNST. Rather, the final 

Comprehensive Plan amendments and 

directives state that bicycle use may be 

allowed on the CDNST if the use is 

consistent with the applicable land and 

resource management plan and will not 

substantially interfere with the nature 

and purposes of the CDNST (final 

amendments to the CDNST 

Comprehensive Plan, Chapter IV(B)(5), 

and FSM 2353.44b, para. 10). 

3. Regulatory Certifications 

Environmental Impact 

The final amendments to the CDNST 

Comprehensive Plan and corresponding 

directives will provide guidance to 


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agency officials implementing the 

National Trails System Act. The final 

amendments are consistent with the 

nature and purposes of the CDNST 

identified in the 1976 CDNST Study 

Report and 1977 CDNST Final 

Environmental Impact Statement 

adopted by the Forest Service in 1981 

(40 FR 150). The final amendments and 

directives will be applied through land 

management planning and project 

decisions following requisite 

environmental analysis. 

Forest Service regulations at 36 CFR 

220.6(d)(2) exclude from documentation 

in an environmental assessment or 

environmental impact statement ‘‘rules, 

regulations, or policies to establish 

Service-wide administrative procedures, 

program processes, or instructions.’’ The 

Forest Service has concluded that the 

final amendments and directives fall 

within this category of actions and that 

no extraordinary circumstances exist 

that require documentation in an 

environmental assessment or 

environmental impact statement. 

Regulatory Impact 

The final amendments to the 1985 

CDNST Comprehensive Plan and 

corresponding final directives at FSM 

2350 have been reviewed under USDA 

procedures and E.O. 12866 on 

regulatory planning and review. The 

final amendments and directives will 

not have an annual effect of $100 

million or more on the economy, nor 

will they adversely affect productivity, 

competition, jobs, the environment, 

public health and safety, or State and 

local governments. The final 

amendments and directives will not 

interfere with any action taken or 

planned by another agency, nor will 

they raise new legal or policy issues. 

Finally, the final amendments and 

directives will not alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of beneficiaries of such 

programs. Accordingly, the final 

amendments and directives are not 

subject to review by the Office of 

Management and Budget under E.O. 

12866. 

Regulatory Flexibility Act Analysis 

The Agency has considered the final 

amendments to the 1985 CDNST 

Comprehensive Plan and corresponding 

final directives at FSM 2350 in light of 

the Regulatory Flexibility Act (5 U.S.C. 

602 et seq.). The final amendments and 

directives will not have any effect on 

small entities as defined by the 

Regulatory Flexibility Act. The final 

amendments and directives will not 

directly affect small businesses, small 

organizations, and small governmental 

jurisdictions. Therefore, the Agency has 

determined that the final amendments 

and directives will not have a 

significant economic impact on a 

substantial number of small entities 

pursuant to the Regulatory Flexibility 

Act because the final amendments and 

directives will not impose recordkeeping requirements on small entities; 

will not affect their competitive position 

in relation to large entities; and will not 

affect their cash flow, liquidity, or 

ability to remain in the market. 

No Takings Implications 

The Agency has analyzed the 

amendments to the 1985 CDNST 

Comprehensive Plan and corresponding 

final directives at FSM 2350 in 

accordance with the principles and 

criteria contained in E.O. 12630. The 

Agency has been determined that the 

final amendments and directives will 

not pose the risk of a taking of private 

property. 

Federalism and Consultation and 

Coordination With Indian Tribal 

Governments 

The Forest Service has considered the 

amendments to the 1985 CDNST 

Comprehensive Plan and corresponding 

final directives at FSM 2350 under the 

requirements of E.O. 13132 on 

federalism and has determined that the 

final amendments and directives 

conform with the federalism principles 

set out in this E.O.; will not impose any 

compliance costs on the States; and will 

not have substantial direct effects on the 

States, the relationship between the 

Federal government and the States, or 

the distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

Agency has determined that no further 

assessment of federalism implications is 

necessary. Moreover, the final 

amendments and directives will not 

have Tribal implications as defined by 

E.O. 13175, Consultation and 

Coordination with Indian Tribal 

Governments, and therefore advance 

consultation with Tribes is not required. 

Energy Effects 

The Agency has reviewed E.O. 13211 

on actions concerning regulations that 

significantly affect the energy supply 

and has determined that the final 

amendments to the 1985 CDNST 

Comprehensive Plan and corresponding 

final directives at FSM 2350 will not 

constitute a significant energy action as 

defined in the E.O. 

Unfunded Mandates 

Pursuant to Title II of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1531–1538), the Agency has assessed 

the effects of the final amendments to 

the 1985 CDNST Comprehensive Plan 

and corresponding final directives at 

FSM 2350 on State, local, and Tribal 

governments and the private sector. The 

final amendments and directives will 

not compel the expenditure of $100 

million or more by a State, local, or 

Tribal government or anyone in the 

private sector. Therefore, a statement 

under section 202 of the act is not 

required. 

Controlling Paperwork Burdens on the 

Public 

The final amendments to the 1985 

CDNST Comprehensive Plan and 

corresponding final directives at FSM 

2350 do not contain any record-keeping 

or reporting requirements or other 

information collection requirements as 

defined in 5 CFR part 1320 that are not 

already required by law or not already 

approved for use. Accordingly, the 

review provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) and its implementing 

regulations at 5 CFR part 1320 do not 

apply. 

4. Final Amendments to the CDNST 

Comprehensive Plan 

1. Nature and Purposes. For all 

chapters of the 1985 CDNST 

Comprehensive Plan, the Agency is 

revising the nature and purposes 

statement as follows: 

Administer the CDNST consistent with the 

nature and purposes for which this National 

Scenic Trail was established. The CDNST 

was established by an Act of Congress on 

November 10, 1978 (16 USC 1244(a)). The 

nature and purposes of the CDNST are to 

provide for high-quality scenic, primitive 

hiking and horseback riding opportunities 

and to conserve natural, historic, and cultural 

resources along the CDNST corridor. 

2. Acquisition of Non-Federal 

Interests in Land. The Agency is 

removing in its entirety ‘‘Rights-of-Way 

Acquisition on Non-Federal Lands,’’ 

Chapter IV(B)(3), pages 40–44, in the 

1985 CDNST Comprehensive Plan and 

replacing it with the following 

statement under ‘‘Acquisition of NonFederal Interests in Land,’’ Chapter 

IV(B)(3), in the 2009 CDNST 

Comprehensive Plan: 

Do not acquire any non-federal land or 

interest in land for the CDNST without the 

owner’s consent. Do not acquire in fee title 

more than an average of one quarter mile on 

either side of the CDNST. 

3. Visual Resource Management. The 

Agency is adding the following 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 51125 

statements under ‘‘Visual Resource 

Management,’’ Chapter IV(B)(4), in the 

2009 CDNST Comprehensive Plan: 

Scenery along the CDNST may be managed 

using the Scenery Management System (FSM 

2382.1; Landscape Aesthetics: A Handbook 

for Scenery Management, Agricultural 

Handbook 701, 1995, http://www.fs.fed.us/ 

cdt). The CDNST is a concern level 1 route, 

with a scenic integrity objective of high or 

very high, depending on the trail segment. 

4. Recreation Resource Management. 

The Agency is removing the following 

statement from pages 51–52 in the 1985 

CDNST Comprehensive Plan: 

Each agency will manage the CDNST in 

accordance with the recreation management 

objectives and prescriptions set forth in their 

respective land and resource management 

plans for the specific management area 

through which the trail passes. 

The Agency is adding the following 

statements under ‘‘Recreation Resource 

Management Along the CDNST,’’ 

Chapter IV(B)(5), in the 2009 CDNST 

Comprehensive Plan: 

Manage the CDNST to provide high-quality 

scenic, primitive hiking and pack and saddle 

stock opportunities. Backpacking, nature 

walking, day hiking, horseback riding, nature 

photography, mountain climbing, crosscountry skiing, and snowshoeing are 

compatible with the nature and purposes of 

the CDNST. Bicycle use may be allowed on 

the CDNST (16 U.S.C. 1246(c)) if the use is 

consistent with the applicable land and 

resource management plan and will not 

substantially interfere with the nature and 

purposes of the CDNST. 

Use the Recreation Opportunity Spectrum 

(ROS) in delineating and integrating 

recreation opportunities in managing the 

CDNST. Where possible, locate the CDNST in 

primitive or semi-primitive non-motorized 

ROS classes, provided that the CDNST may 

have to traverse intermittently through more 

developed ROS classes to provide for 

continuous travel between the MontanaCanada and New-Mexico-Mexico borders. 

Locate a CDNST segment on a road only 

where it is primitive and offers recreational 

opportunities comparable to those provided 

by a trail with a Designed Use of Pack and 

Saddle Stock, provided that the CDNST may 

have to be located on or across motorized 

routes because of the inability to locate the 

trail elsewhere. 

5. Motor Vehicle Use (16 U.S.C. 

1244(a)(5) and 1246(c); 36 CFR Part 212, 

Subpart B). The Agency is removing in 

its entirety the direction on motor 

vehicle use in Chapter IV(B)(6), pages 

55–58, of the 1985 CDNST 

Comprehensive Plan. 

The Agency is adding the following 

direction under ‘‘Motor Vehicle Use on 

the CDNST,’’ Chapter IV(B)(6), in the 

2009 CDNST Comprehensive Plan: 

Motor vehicle use by the general public is 

prohibited on the CDNST, unless that use is 

consistent with the applicable land 

management plan and: 

a. Is necessary to meet emergencies; 

b. Is necessary to enable adjacent 

landowners or those with valid outstanding 

rights to have reasonable access to their lands 

or rights; 

c. Is for the purpose of allowing private 

landowners who have agreed to include their 

lands in the CDNST by cooperative 

agreement to use or cross those lands or 

adjacent lands from time to time in 

accordance with Federal regulations; 

d. Is on a motor vehicle route that crosses 

the CDNST, as long as that use will not 

substantially interfere with the nature and 

purposes of the CDNST; 

e. Is designated in accordance with 36 CFR 

Part 212, Subpart B, on National Forest 

System lands or is allowed on public lands 

and: 

(1) The vehicle class and width were 

allowed on that segment of the CDNST prior 

to November 10, 1978, and the use will not 

substantially interfere with the nature and 

purposes of the CDNST or 

(2) That segment of the CDNST was 

constructed as a road prior to November 10, 

1978; or 

f. In the case of over-snow vehicles, is 

allowed in accordance with 36 CFR Part 212, 

Subpart C, on National Forest System lands 

or is allowed on public lands and the use 

will not substantially interfere with the 

nature and purposes of the CDNST. 

6. Trail and Facility Standards. The 

Agency is removing the following 

statement from page 61 of the 1985 

CDNST Comprehensive Plan: 

In keeping with the National Scenic Trails 

concept, the trail should be regarded as a 

simple facility for the hiker and horseman, 

and where already existing and appropriate, 

for trail bikers and recreational four-wheel 

drive use. 

The Agency is adding the following 

statement under ‘‘Trail and Facility 

Standards,’’ Chapter IV(B)(8), in the 

2009 CDNST Comprehensive Plan: 

Any development of and associated 

facilities for the CDNST should be minimal 

and appropriate for hiker/pedestrian and 

pack and saddle stock use. 

7. Carrying Capacity. The Agency is 

removing the definition of ‘‘carrying 

capacity’’ from page E–4 and the 

following statement from page 69 of the 

1985 CDNST Comprehensive Plan: 

Forest Service and BLM managers will use 

the carrying capacity guidelines respectively, 

developed for each Recreation Opportunity 

Spectrum class through with the CDNST 

passes. 

The Agency is adding the following 

statements under ‘‘Carrying Capacity,’’ 

Chapter IV(B)(9), in the 2009 CDNST 

Comprehensive Plan: 

Establish a carrying capacity for the 

CDNST that accommodates its nature and 

purposes. The Limits of Acceptable Change 

or a similar system may be used for this 

purpose. 

8. Inconsistencies. To the extent there 

is any inconsistency between the 

foregoing revisions and any other 

provisions in the 1985 CDNST 

Comprehensive Plan, the foregoing 

revisions control. 

5. Final Amendments to FSM 2350 

The final directives implementing the 

amendments to the 1985 CDNST 

Comprehensive Plan as applied to 

National Forest System lands are posted 

at http://www.fs.fed.us/cdt. The FSM 

can be found on the Internet at http:// 

www.fs.fed.us/im/directives/fsm/2300/ 

2350.doc. The final directives add a 

reference to the CDNST Comprehensive 

Plan as an authority in FSM 2353.01d; 

add administration of the CDNST as a 

responsibility of forest and grassland 

supervisors in FSM 2353.04i, para. 13; 

add the nature and purposes of the 

CDNST in FSM 2353.42; and add 

detailed direction in FSM 2353.44b 

governing implementation of the 

CDNST on National Forest System 

lands. 

Approved: September 24, 2009. 

Hank Kashdan, 

Associate Chief, Forest Service. 

[FR Doc. E9–23873 Filed 10–2–09; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

Fredonia Flood Retarding Structure 

Rehabilitation Project, Coconino 

County, AZ 

AGENCY: Natural Resources 

Conservation Service. 

ACTION: Notice of a Finding of No 

Significant Impact. 

SUMMARY: Pursuant to Section 102(2)(C) 

of the National Environmental Policy 

Act of 1969; the Council on 

Environmental Quality Regulations (40 

CFR part 1500); and the Natural 

Resources Conservation Service (NRCS) 

Regulations (7 CFR part 650); the 

Natural Resources Conservation Service, 

U.S. Department of Agriculture, gives 

notice that an environmental impact 

statement is not being prepared for the 

Fredonia Flood Retarding Structure 

(FRS) Rehabilitation Project, Coconino 

County, Arizona. 

FOR FURTHER INFORMATION CONTACT: 

David L. McKay, State Conservationist, 

USDA–NRCS, 230 North First Avenue, 

Suite 509, Phoenix, Arizona 85003, 

telephone: (602) 280–8801. 

SUPPLEMENTARY INFORMATION: The 

environmental assessment of this 


cprice-sewell on DSK2BSOYB1PROD with NOTICES