[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Notices]
[Pages 33196-33199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2841]


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DEPARTMENT OF AGRICULTURE

Forest Service


Sequoia National Forest, California; Sequoia National Forest 
Public Wheeled Motorized Travel Management EIS

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Sequoia National Forest will prepare an environmental 
impact statement (EIS) to disclose the impacts associated with the 
following proposed actions:
    1. The addition of approximately 71 miles of existing unauthorized 
routes to the National Forest System (NFS) of motorized trails, open to 
wheeled motorized vehicle use by the public.
    2. The addition of approximately 0.9 miles of existing unauthorized 
routes to NFS roads, open to all wheeled motorized vehicle use by the 
public.
    3. The change of approximately 21.8 miles of existing NFS roads, 
currently closed to public wheeled motorized vehicle use, to NFS 
motorized trails, open to wheeled motorized vehicle use by the public.
    4. The change of approximately 8.4 miles of existing NFS roads, 
currently open to public wheeled motorized vehicle use, to NFS 
motorized trails, open to all wheeled motorized vehicle use by the 
public.
    5. The change of approximately 23.2 miles of existing NFS roads, 
currently closed to public wheeled motorized vehicle use, to NFS roads, 
open to all wheeled motorized vehicle use by the public.
    6. The change of approximately 19.5 miles of existing NFS roads, 
currently open to wheeled motorized vehicle use by the public, to 
closed NFS roads.
    7. The change of approximately 12.4 miles of existing NFS roads, 
currently open to public use by highway legal vehicles only, to NFS 
roads, open to all

[[Page 33197]]

wheeled motorized vehicle use by the public.
    8. The change of approximately 0.5 miles of existing NFS road, 
currently open to highway legal vehicles only, to NFS motorized trail, 
open to wheeled motorized vehicle use by the public.
    9. The continuation of wheeled motorized vehicle use by the public 
on the NFS trail north of Dry Meadow and amendment of the Sequoia 
National Forest Land and Resource Management Plan to change 
approximately 5,500 acres of semi-primitive non-motorized (SPNM) to 
semi-primitive motorized (SPM), to conform with motorized vehicle use 
of the trail.
    10. The prohibition of wheeled motorized vehicle travel off of 
designated NFS roads, NFS trails, and areas by the public, except as 
allowed by permit or other authorization.

DATES: The comment period on the proposed action will extend 30 days 
from the date the notice of intent is published in the Federal Register 
Completion of the draft EIS is expected in September 2007, and the 
final EIS is expected in September 2008.

ADDRESSES: Send written comments to: Chris Sanders, Travel Management, 
Sequoia National Forest, 1839 South Newcomb Street, Porterville, CA 
93257. The phone number is (559) 784-1500.

FOR FURTHER INFORMATION CONTACT: Chris Sanders at the address listed 
above.

SUPPLEMENTARY INFORMATION:

Background

    Over the past few decades, the availability and capability of 
motorized vehicles, particularly off-highway vehicles (OHVs) and sport 
utility vehicles (SUVs) has increased tremendously. Nationally, the 
number of OHV users has climbed sevenfold in the past 30 years, from 
approximately 5 million in 1972 to 36 million in 2000. California is 
experiencing the highest level of OHV use of any state in the nation. 
There were 786,914 ATVs and OHV motorcycles registered in 2004, up 330% 
since 1980. Annual sales of ATVs and OHV motorcycles in California were 
the highest in the U.S. for the last 5 years. Four-wheel drive vehicle 
sales in California increased by 1500% to 3,046,866 from 1989 to 2002.
    Unmanaged OHV use has resulted in unplanned roads and trails, 
erosion, watershed and habitat degradation, and impacts to cultural 
resource sites. Compaction and erosion are the primary effects of OHV 
use on soils. Riparian areas and aquatic dependent species are 
particularly vulnerable to OHV use. Unmanaged recreation, including 
impacts from OHVs, is one of ``Four Key Threats Facing the Nation's 
Forests and Grasslands'' (USDA Forest Service, June 2004).
    On August 11, 2003, the Pacific Southwest Region of the Forest 
Service entered into a Memorandum of Intent (MOI) with the California 
Off-Highway Motor Vehicle Recreation Commission and the Off-Highway 
Motor Vehicle Recreation Division of the California Department of Parks 
and Recreation. That MOI set in motion a regionwide effort to 
``Designate OHV roads, trails, and any specifically defined open areas 
for motorized wheeled vehicles on maps of the 19 National Forests in 
California by 2007.'' On November 9, 2005, the Forest Service published 
final travel management regulations in the Federal Register (FR Vol. 
70. 216--Nov. 9, 2005, pp 68264-68291). This final Travel Management 
Rule requires designation of those roads, trails, and areas that are 
open to motor vehicle use on National Forest System (NFS) lands. 
Designations will be made by class of vehicle and, if appropriate, by 
time of year. The final rule prohibits the use of motor vehicles off 
the designated system, as well as use of motor vehicles on routes and 
in areas that are not consistent with the designations.
    On some NFS lands, long managed as open to cross-country motor 
vehicle travel, repeated use has resulted in unplanned, unauthorized 
roads and trails. These routes generally developed without 
environmental analysis or public involvement and do not have the same 
status as NFS roads and NFS trails included in the forest 
transportation system. Nevertheless, some unauthorized routes are well 
sited, provide excellent opportunities for outdoor recreation by 
motorized and non-motorized users, and would enhance the National 
Forest System of designated roads, trails, and areas. Other 
unauthorized routes are poorly located and cause unacceptable impacts. 
Only NFS roads and NFS trails can be designated for wheeled motorized 
vehicle use. In order for an unauthorized route to be designated, it 
must first be added to the forest transportation system.
    The Sequoia National Forest is not proposing changes to the 
existing designated route systems in the Hume Lake and Tule River 
Ranger Districts, the portion of the Hot Springs Ranger District within 
the Giant Sequoia National Monument, or on the Kern Plateau at this 
time. Wheeled motorized vehicle use in these areas is already 
restricted to an existing designated system of routes.
    In 2004, the Sequoia National Forest completed in inventory of 
unauthorized routes, as described in the MOI, on NFS lands in the Kern 
River Ranger District and the Hot Springs Ranger District, outside of 
the Giant Sequoia National Monument, and identified approximately 582.4 
miles of unauthorized routes. The Sequoia then used an 
interdisciplinary process to conduct travel analysis that included 
working the public to determine whether any of the unauthorized routes 
should be proposed for addition to the transportation system. Roads, 
trails, and areas that are currently part of the Sequoia transportation 
system and are open to wheeled motorized vehicle travel will remain 
designated for such use, except as described below under the Proposed 
Action. This proposal focuses only on the prohibition of wheeled 
motorized vehicle travel off designated routes and needed changes to 
the Sequoia transportation system, including the addition of some user-
created routes to the Sequoia transportation system and other changes 
to existing motor vehicle restrictions. The proposed action is being 
carried forward in accordance with the Travel Management Rule (36 CFR 
Part 212).
    In accordance with the rule, following a decision on this proposal, 
the Sequoia National Forest will publish a Motor Vehicle Use Map 
(MVUM), identifying all Sequoia roads, trails, and areas that are 
designated for motor vehicle use. The MVUM shall specify the classes of 
vehicles and, if appropriate, the times of year for which use is 
designated.
    A Mediated Settlement Agreement (MSA) was signed in 1990, which 
resolved multiple appeals of the 1988 forest plan. Pages 99-101 of the 
MSA discuss management of the trail north of Dry Meadows. ``If a trail 
that can accommodate OHV use can be located through the area, the SPNM 
boundary shall be adjusted accordingly.''

Purpose and Need for Action

    The following needs have been identified for this proposal:
    1. There is a need for regulation of unmanaged wheeled motorized 
vehicle travel by the public. Currently, wheeled motorized vehicle 
travel by the public is not prohibited off designated routes in the 
Kern River Ranger District and the Hot Springs Ranger District, outside 
of the Giant Sequoia National Monument (except by forest order). In 
their enjoyment of the national forest, motorized vehicle users have 
created numerous unauthorized routes. The number of such routes has 
continued to grow each year, with many routes having environmental 
impacts and

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safety concerns that have not been addressed. The Travel Management 
Rule, 36 CFR Part 212, provides policy for ending this trend of 
unauthorized route proliferation and managing the forest transportation 
system in a sustainable manner, through designation of motorized NFS 
roads, trails, and areas, and the prohibition of cross-country travel.
    2. There is a need for limited changes and additions to the Sequoia 
National Forest transportation system to:
    2.1. Provide wheeled motorized access to recreation opportunities 
(camping, hunting, fishing, hiking, horseback riding, etc.).
    2.2. Provide a diversity of wheeled motorized recreation 
opportunities (4 x 4 vehicles, motorcycles, ATVs, passenger vehicles, 
etc.).
    2.3. As obligated by the 1990 Mediated Settlement Agreement (MSA), 
to the Sequoia National Forest Land and Resource Management Plan to 
consider whether the trail north of Dry Meadows should continue to be 
managed for wheeled motorized use (MSA, pages 99-101). Under the 
Sequoia Land and Resource Management Plan the trail north of Dry 
Meadows runs through a semi-primitive non-motorized (SPNM) area.
    It is Forest Service policy to provide a diversity of road and 
trail opportunities for experiencing a variety of environments and 
modes of travel consistent with the national forest recreation role and 
land capability [FSM 2353.03(2)].
    In meeting these needs the proposed action must also achieve the 
following purposes:
    A. Avoid impacts to cultural resources.
    B. Provide for public safety.
    C. Provide for a diversity of recreational opportunities.
    D. Assure adequate access to public and private lands.
    E. Provide for adequate maintenance and administration of 
designations based on availability of resources and funding to do so.
    F. Minimize damage to soil, vegetation, and other forest resources.
    G. Avoid harassment of wildlife and significant disruption of 
wildlife habitat.
    H. Minimize conflicts between wheeled motor vehicles and existing 
or proposed recreational uses of NFS lands.
    I. Minimize conflicts among different classes of wheeled motor 
vehicle uses of NFS lands or neighboring federal lands.
    J. Assure compatibility of wheeled motor vehicle use with existing 
conditions in populated areas, taking into account sound, emissions, 
etc.
    K. Have valid existing rights of use and access (rights-of-way).

Proposed Action

    Based on the stated purpose and need for action, and as a result of 
the recent travel analysis process, the Sequoia proposes the following 
changes to the current transportation system.
    1. The addition of approximately 71 miles of existing unauthorized 
routes to the National Forest System (NFS) of motorized trails, open to 
wheeled motorized vehicle use by the public.
    2. The addition of approximately 0.9 miles of existing unauthorized 
routes to NFS roads, open to all wheeled motorized vehicle use by the 
public.
    3. The change of approximately 21.8 miles of existing NFS roads, 
currently closed to public wheeled motorized vehicle use, to NFS 
motorized trails, open to wheeled motorized vehicle use by the public.
    4. The change or approximately 8.4 miles of existing NFS roads, 
currently open to public wheeled motorized vehicle use, to NFS 
motorized trails, open to wheeled motorized vehicle use by the public.
    5. The change of approximately 23.2 miles of existing NFS roads, 
currently closed to public wheeled motorized vehicle use, to NFS roads, 
open to all wheeled motorized vehicle use by the public.
    6. The change of approximately 19.5 miles of existing NFS roads, 
currently open to wheeled motorized vehicle use by the public, to 
closed NFS roads.
    7. The change of approximately 12.4 miles of existing NFS roads, 
currently open to public use by highway legal vehicles only, to NFS 
roads, open to all wheeled motorized vehicle use by the public.
    8. The change of approximately 0.5 mile of existing NFS road, 
currently open to highway legal vehicles, to NFS motorized trail, open 
to wheeled motorized vehicle use by the public.
    9. The continuation of wheeled motorized vehicle use by the public 
on the NFS trail north of Dry Meadow and amendment of the Sequoia 
National Forest Land and Resource Management Plan to change 
approximately 5,500 acres of semi-primitive non-motorized (SPNM) to 
semi-primitive motorized (SPM), to conform with motorized vehicle use 
of the trail.
    10. The prohibition of wheeled motorized vehicle travel off of 
designated NFS roads, NFS trails, and areas by the public, except as 
allowed by permit or other authorization.
    Maps and tables describing in detail both the existing Sequoia 
National Forest transportation system and the proposed action can be 
found at http://www.fs.fed.us/r5/sequoia/. In addition, maps will be 
available for viewing at: Supervisor's Office, 1839 South Newcomb 
Street, Porterville, CA 93757; Kern River Ranger District, 105 Whitney 
Road, Kernville, CA 93238.

Responsible Official

    The Responsible Official is Tina J. Terrell, Forest Supervisor, 
Sequoia National Forest, 1839 South Newcomb Street, Porterville, CA 
93257.

Nature of Decision To Be Made

    The responsible official will decide whether to adopt and implement 
the proposed action, an alternative to the proposed action, or take no 
action to make changes to the existing Sequoia National Forest 
transportation system, amend the Forest Plan, or prohibit cross-country 
wheeled motorized vehicle travel by the public off the designated 
system. Once the decision is made, the Sequoia National Forest will 
publish a Motor Vehicle Use Map (MVUM), identifying the roads, trails, 
and areas that are designated for motor vehicle use. The MVUM shall 
specify the classes of vehicles and, if appropriate, the times of year 
for which use is designated.

Scoping Process

    Public participation will be especially important at several points 
during the analysis. The Forest Service will be seeking information, 
comments, and assistance from federal, state, and local agencies and 
other individuals or organizations interested in or affected by the 
proposed action.
    The Notice of Intent is expected to be published in the Federal 
Register on June 15, 2007. The comment period on the proposed action 
will extend 30 days from the date the Notice of Intent is published in 
the Federal Register.
    The draft environmental impact statement is expected to be filed 
with the Environmental Protection Agency (EPA) and to be available for 
public review by September 2007. EPA will publish a notice of 
availability of the draft EIS in the Federal Register. The comment 
period on the draft EIS will extend 45 days from the date the EPA 
notice appears in the Federal Register. At that time, copies of the 
draft EIS will be distributed to interested and affected agencies, 
organizations, and members of the public for their review and comment. 
It is very important that those interested in the management of the 
Sequoia National Forest participate at that time.
    The final EIS is scheduled to be completed in September 2008. In 
the

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final EIS, the Forest Service is required to respond to substantive 
comments received during the comment period that pertain to the 
environmental consequences discussed in the draft EIS and applicable 
laws, regulations, and policies considered in making the decision. 
Substantive comments are defined as ``comments within the scope of the 
proposed action, specific to the proposed action, and have a direct 
relationship to the proposed action, and include supporting reasons for 
the responsible official to consider'' (36 CFR 215.2). Submission of 
substantive comments is a prerequisite for eligibility to appeal under 
the 36 CFR part 215 regulations.

Comment Requested

    This notice of intent initiates the scoping process, which guides 
the development of the environmental impact statement.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement will be prepared for 
comment. The comment period on the draft environmental impact statement 
will be 45 days from the date the Environmental Protection Agency 
publishes the notice of availability in the Federal Register.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft environmental impact statements must structure their 
participation in the environmental review of the proposal so that it is 
meaningful and alerts an agency to the reviewer's position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
533 (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement stage, but that are not raised 
until after completion of the final environmental impact statement may 
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, 
it is very important that those interested in this proposed action 
participate by the close of the 45-day comment period, so that 
substantive comments and objections are made available to the Forest 
Service at a time when it can meaningfully consider them and respond to 
them in the final environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
environmental impact statement should be as specific as possible. It is 
also helpful if comments refer to specific pages or chapters of the 
draft environmental impact statement. Comments may also address the 
adequacy of the draft environmental impact statement or the merits of 
the alternatives formulated and discussed in the statement. Reviewers 
may wish to refer to the Council on Environmental Quality Regulations 
for implementing the procedural provisions of the National 
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

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


    Dated: June 1, 2007.
Tina J. Terrell,
Forest Supervisor, Sequoia National Forest.
[FR Doc. 07-2841 Filed 6-14-07; 8:45 am]
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