[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Notices]
[Pages 40829-40831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3616]


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DEPARTMENT OF AGRICULTURE

Forest Service


Beartooth Ranger District Travel Management Plan, Custer National 
Forest; Sweet Grass, Park, Stillwater, and Carbon Counties, MT

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare environmental impact statement.

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SUMMARY: The Forest Service will prepare an Environmental Impact 
Statement (EIS) to disclose the effects of designating National Forest 
System roads, trails, and areas available for public motorized use and 
changing pack and saddle stock use on certain non-motorized trails on 
the Beartooth Ranger District, Custer National Forest. The decision 
will be to determine whether to include routes that are not currently 
National Forest System roads, trials, and areas for public motorized 
use on the Beartooth Ranger District, establish a season of use and/or 
type of vehicle use for roads, trails, and areas designated for public 
motorized use, change dispersed vehicle camping designations, and 
restrict pack and saddle stock use on select non-motorized trails. A 
National Environmental Policy Act (NEPA) decision is not required to 
designate roads, trails, and areas for public motorized use that are 
currently part of the National Forest System of roads, trails and 
areas.
    Once a decision is made, a Motor Vehicle Use Map (MVUM) will be 
prepared, in compliance with the 2005 Forest Service Travel Management 
Rule (36 CFR Part 212). The MVUM will show all the routes that are 
designated for public motorized use on the Beartooth Ranger District. 
The MVUM will be the primary tool used to determine compliance and 
enforcement with motorized vehicle use designations on the ground. 
Those existing routes and other non-system routes not designated open 
on the MVUM will be legally closed to motorized travel. The decisions 
on motorized travel may include motorized over-the-snow travel.

DATES: The draft environmental impact statement is planned to be 
released in October 2007 and the final environmental impact statement 
is planned for release in June 2008. The project was initially released 
for public scoping January 30, 2004 through May 1, 2004. However, the 
scooping period was extended to September 1, 2004 due to great public 
interest and the many requests asking for an extension of the scoping 
period through the field season.

ADDRESSES: Send written comments to Beartooth Ranger District Travel 
Management Plan, Custer National Forest, 1310 Main Street, Billings, MT 
59105 or call (406) 657-6205 extension 225.
    If you prefer, you can submit comments on the internet at <a href="/cdn-cgi/l/email-protection#1e7d7173737b706a6d3370716c6a767b6c70337d6b6d6a7b6c337c7b7f6c6a71716a765e786d30787b7a306b6d"><span class="__cf_email__" data-cfemail="32515d5f5f575c46411f5c5d40465a57405c1f5147414657401f50575340465d5d465a7254411c5457561c4741">[email protected]</span></a> by typing on the subject line 
``Beartooth RD Travel Management Plan.''

FOR FURTHER INFORMATION CONTACT: Doug Epperly, Project Coordinator, at 
(406) 657-6205 ext. 225.

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action

    The purpose of the proposal is to designate a system of roads, 
trails, and areas for motor vehicle use, including over-the-snow travel 
and existing recreation use, on the Beartooth Ranger District, Custer 
National Forest. The system of roads, trails, and areas to be 
designated will be consistent with the laws, regulations, and policies 
governing the management of National Forest System lands. Specifically, 
this includes the Forest Service 2005 Travel Management Rule (36 CFR 
part 212), the January 2001 Off-Highway Vehicle Record of Decision and 
Plan Amendment for Montana, North Dakota, and Portions of South Dakota 
(hereafter Tri-state OHV Plan), the subsequent Forest Plan Amendment 
Number 39, the 1987 Beartooth Travel Plan, and the Custer National 
Forest and National Grasslands Land and Resource Management Plan 
(hereafter referred to

[[Page 40830]]

as the Forest Plan, 1986) (Forest Plan Record of Decision, 1987)).
    There is a compelling need to address travel management on the 
Beartooth Ranger District as a result of the Forest Service 2005 Travel 
Management Rule, the Tri-state OHV decision, and confusion generated in 
trying to implement the 1987 Beartooth Travel Plan. Both the Travel 
Management Rule and the Tri-State OHV decision set timeframes within 
which to complete, and/or start (as in the case of the Tri-State 
decision), specific route designation decisions, as necessary. It is 
important to note, that identifying existing National Forest System 
Roads and Trails on a MVUM does not constitute a decision pursuant to 
the National Environment Policy Act.
    Federal land managers are directed (Executive Order 11644, 36 CFR 
212, and 43 CFR 8342.1) to ensure that the use of motorized vehicles 
and off-road vehicles will be controlled and directed so as to protect 
the resources of those lands, to promote the safety of users, minimize 
conflicts among the various uses of the federal lands, and to provide 
for public use of roads and trails designated as open.

Proposed Action

    The proposed action is to designate selected roads, trails, and 
areas open to public motorized travel, designate dispersed vehicle 
camping, and implement changes in pack and saddle stock use on non-
motorized trails on the Beartooth Ranger District, Custer National 
Forest (NFS lands). The designations will also set specific seasons of 
use, where appropriate, and specify the type of use (e.g., highway 
legal vehicle, ATV's, motorcycles) for roads, trails, and areas. The 
Forest Service will produce a Motor Vehicle Use Map (MVUM) depicting 
those routes which are open to the general public for wheeled motorized 
use. This alternative, as well as any other action alternative, will 
require a Forest Plan amendment to remove specific road management 
contained in the Forest Plan and provide for management of those roads 
in the travel plan decision.

No Action Alternative

    The No Action alternative would be to designate the current 
Beartooth Ranger District system motorized roads and trails for public 
motorized use, but would not address existing routes that are 
identified as unauthorized (i.e. non-system) routes by the Forest 
Service. The existing condition would be to designate all of the system 
and non-system motorized routes identified during the 1999-2000 Custer 
National Forest inventory of existing roads and trails. Alternatives to 
the Proposed Action and No Action will depict differing combinations of 
routes to remain open to motorized travel.
    A consequence of designating routes open for public motorized 
travel is that those existing routes not designated as open would be 
not be available for public motorized travel. Decommissioning or 
obliterating these routes, which may involve ground disturbing 
activities, would not be a part of the Proposed Action or alternatives, 
and would generally require separate and distinct site-specific NEPA 
decisions regarding the implementation aspects of road closures. The 
environmental consequences of having routes closed to motorized travel 
will be evaluated in this environmental analysis.
    Identification of new routes that would meet the goals and 
objectives for a motorized transportation system on NFS lands will be, 
as appropriate, a part of this travel management planning and 
identified as an opportunity, but would require separate, site-specific 
NEPA decisions to implement ground disturbing activities associated 
with new route construction.

Responsible Official

    The Responsible Official is Steve E. Williams, Forest Supervisor, 
Custer National Forest, 1310 Main Street, Billings, MT 59105.

Nature of Decision To Be Made

    Based on the purpose and need for the proposed action, the Forest 
Supervisor will evaluate the Proposed Action and other alternatives in 
order to make the following decisions for the specific National Forest 
System lands:
    <bullet> Determine those non-system roads, trails, and areas that 
should be converted to system roads, trails and areas, and designate as 
open to the public for motorized travel; and,
    <bullet> Determine the allowed season and/or type of use for those 
routes open to motorized travel
    <bullet> Determine if any changes in the extent and nature of 
dispersed vehicle camping are warranted.
    <bullet> Determined those non-motorized trails where pack and 
saddle stock use would be changed to day use or prohibited.
    <bullet> Site-specifically amend the Forest Plan by removing 
standards and guidelines for specific roads and trails from the Forest 
Plan (for example, see Forest Plan pages 51, 89, and 91). Travel 
management direction for routes that will not have a change in travel 
management direction will be shown on the Motor Vehicle Use Map 
(pursuant to 36 CFR 212). Routes, for which travel management direction 
is being changed, will be analyzed in the EIS for the Beartooth Ranger 
District Travel Management Plan.

Scoping Process

    Public scoping was initiated January 30, 2004 and was planned to 
close by May 1, 2004. Several public meetings were conducted in local 
communities that could be affected by the decision. The scoping period 
was extended to September 1, 2004 due to high public interest. The 
Forest Service received over 5000 letters, postcards or other forms of 
commenting (i.e. electronically submitted comments). The project was 
delayed due to some key personnel changes, acts of nature (slides on 
Beartooth Highway and the Derby fire), and release of the 2005 Travel 
Management Rule. Hence, additional public meetings were conducted in 
July 2006 to update the public on the process and brief those involved 
in the process on the 2005 Travel Management Rule, and from January 
through March 2007 collaborative public meetings were conducted in an 
effort to find common ground.
    The Forest Service will consider all public scoping comments and 
concerns that have been submitted, as well as resource related input 
from the interdisciplinary team and other agency resource specialists. 
This input will be used to identify issues to consider in the 
environmental analysis. A comprehensive list of issues will be 
determined before the full range of alternatives is developed and the 
environmental analysis is begun.
    Persons and organizations commenting during the initial scoping 
will be maintained on the mailing list for future information about 
Beartooth Ranger District Travel Management Planning.
    The Responsible Official has determined, at this time that it is in 
the best interest of the Forest Service to prepare an environmental 
impact statement.

Comments Requested

    Given that scoping has been conducted and that numerous public 
meetings have been conducted, comments are not being requested at this 
time.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement will be prepared for public 
comment. The comment period on the

[[Page 40831]]

draft environmental impact statement will be 45 days from the date that 
the Environmental Protection Agency (EPA) publishes the notice of 
availability in the Federal Register.
    Written comments are preferred and should include the name and 
address of the commenter. Comments submitted for this proposed action 
will be considered part of the public record.
    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. Reviewers of draft 
environmental impact statements must structure their participation in 
the 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, 409 
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 the 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 statement. Comments may also address the adequacy of the draft 
environmental impact statement or the merits of the alternative 
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.

    Dated: July 18, 2007.
Nancy J. Rusho,
Acting Deputy Forest Supervisor.
[FR Doc. 07-3616 Filed 7-24-07; 8:45 am]
BILLING CODE 3410-11-M


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