[Federal Register Volume 72, Number 165 (Monday, August 27, 2007)]
[Notices]
[Pages 48982-48984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4164]


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DEPARTMENT OF AGRICULTURE

Forest Service


Off-Highway Vehicle Travel Management Plan

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Mt. Hood National Forest (Forest) will prepare an 
Environmental Impact Statement (EIS) to document and disclose the 
potential environmental effects of establishing and designating a 
system of roads, trails and areas for off-highway vehicles (OHV). The 
Proposed Action will change OHV access through much of the Forest in 
order to meet the intent of the Travel Management; Designated Routes 
and Areas for Motor Vehicle Use; Final Rule that was published on 
November 9, 2005 (70 FR 216). The Proposed Action focuses on travel 
management within six proposed OHV areas and motorized access to 
dispersed (undeveloped) camping. Within each area, specific OHV routes 
are proposed by motor vehicle class, and new trails are proposed for 
construction where they would create trail loop opportunities. A Forest 
Plan Amendment would be required to achieve the purpose and need, and 
implement the Proposed Action.

DATES: Comments concerning the scope of this analysis must be received 
no later than October 1, 2007 to ensure they are fully incorporated 
into the Draft EIS. Two public meetings are scheduled as follows.
    1. September 11, 2007 from 6 p.m. to 7:30 p.m. in Portland, OR.
    2. September 12, 2007 from 6 p.m. to 7:30 p.m. in Hood River, OR.

ADDRESSES: Submit written comments to Jennie O'Connor, Off-Highway 
Vehicle Travel Management Plan Leader, Mt. Hood National Forest, 6780 
Highway 35, Parkdale, Oregon 97041. Electronic comments can be 
submitted to <a href="/cdn-cgi/l/email-protection#e88b8785858d869c9bc598898b818e818b86879a9c809b9f8d9b9cc5859c8087878ca88e9bc68e8d8cc69d9b"><span class="__cf_email__" data-cfemail="73101c1e1e161d07005e0312101a151a101d1c01071b00041600075e1e071b1c1c173315005d1516175d0600">[email protected]</span></a>. The meeting 
locations are:
    1. University Place Hotel and Conference Center in the Willamette 
Falls Room (310 SW Lincoln Street, Portland, OR 97201).
    2. Best Western Hood River Inn in the Riverview Room (1108 East 
Marina Way, Hood River, OR 97031).

FOR FURTHER INFORMATION CONTACT: Jennie O'Connor, Natural Resource 
Planner, Mt. Hood National Forest, 6780 Highway 35, Parkdale, Oregon 
97041 or by e-mailing <a href="/cdn-cgi/l/email-protection#c6acaba9a5a9a8a8a9b486a0b5e8a0a3a2e8b3b5"><span class="__cf_email__" data-cfemail="5d3730323e323333322f1d3b2e733b383973282e">[email protected]</span></a> or by calling (541) 352-6002 
x634.

[[Page 48983]]


SUPPLEMENTARY INFORMATION:

Need for the Proposal

    One purpose of this project is to designate routes for off-highway 
vehicle (OHV) use by class of vehicle (excluding over-snow vehicles) 
and time of year. Another purpose of this project is to determine where 
licensed motor vehicles will continue to be allowed to drive off roads 
to access dispersed (undeveloped) camping. By meeting these purposes, 
the Mt. Hood National Forest will comply with 36 CFR parts 212, 251, 
261, and 295--Travel Management; Designated Routes and Areas for Motor 
Vehicle Use; Final Rule [Federal Register, Vol. 70, No. 215 (2005)] for 
off-highway vehicle (OHV) use. The final rule states that we ``must 
strike an appropriate balance in managing all types of recreational 
activities. To this end, a designated system of roads, trails, and 
areas for motor vehicle use established with public involvement will 
enhance public enjoyment of National Forests while maintaining other 
important values and uses of NFS [National Forest Systems] lands'' 
(page 28265). This National Environmental Policy Act (NEPA) process 
will only address OHV use and motorized access to dispersed camping; 
subsequent NEPA processes may address access and travel management 
issues.
    In order to comply with the OHV and motorized access to dispersed 
camping portions of the Final Travel Management Rule, there is the 
underlying need for:
    <bullet> Designating and/or constructing OHV routes and areas (as 
appropriate) within the identified six areas to provide recreation 
opportunities;
    <bullet> Changing the current management direction in the Mt. Hood 
Land and Resource Management Plan to comply with the Final Travel 
Management Rule;
    <bullet> Balancing recreation opportunities for OHV use with other 
recreational uses of the National Forest and resource sustainability; 
and
    <bullet> Designating areas where licensed vehicles will continue to 
be allowed to drive off roads for the purpose of accessing dispersed 
camping.

Proposed Action

    The Proposed Action will change OHV access through much of the 
Forest in order to meet the intent of the Final Travel Management Rule. 
The Proposed Action focuses on travel management within six proposed 
OHV areas and motorized access to dispersed camping. All National 
Forest System lands were considered by the Forest Service and members 
of the public during a two-year long dialogue with the public. The six 
areas resulted from this dialogue provide a balance between providing 
recreational opportunities and protecting natural resources as required 
by the Final Travel Management Rule.
    Within each area, specific OHV routes are proposed by motor 
vehicles class, and new trails are proposed for construction where they 
would create trail loop opportunities. Through the NEPA planning 
process, the Forest Service will consider alternative OHV routes within 
each of the six designated OHV areas. OHV use would be allowed only on 
these designated routes.
    The six areas proposed for OHV use are listed below.
    <bullet> McCubbins Gulch, Barlow Ranger District.
    <bullet> Rock Creek, Barlow Ranger District.
    <bullet> Gibson Prairie, Hood River Ranger District.
    <bullet> Bear Creek, Hood River Ranger District.
    <bullet> Peavine, Clackamas Ranger District.
    <bullet> LaDee Flats, Clackamas Ranger District.
    The Forest Service's Proposed Action includes the following 
features.
    <bullet> Some roads identified in the Roads Analysis--Mt. Hood 
National Forest (2003) as decision roads (not needed for management 
purposes) would be converted to OHV trails and removed from the road 
system in order to improve the safety of all users.
    <bullet> New OHV trails would be constructed within these six areas 
to connect existing roads and trails and to provide loop routes.
    <bullet> Some decisions roads would be proposed to be closed, if 
designating nearby routes would cause these roads to become a law 
enforcement or natural resource problem. Approximately 12 miles of 
roads are proposed to be closed.
    <bullet> Mixed-use routes would be proposed in each area. Mixed-use 
routes allow OHV and licensed motor vehicles to use the same routes.
    <bullet> Classes of motor vehicles allowed would be designated for 
all routes.
    <bullet> An area within the Rock Creek OHV area would have some 
restrictions on camp fires and overnight dispersed camping.
    <bullet> A staging area would be identified within each OHV area. 
The staging area would be a day-use area that serves as a trailhead for 
motorized recreation. McCubbins Gulch Campground would continue to be 
the staging area for this OHV area.
    In addition to OHV use, motorized access to dispersed camping will 
be designated for the Forest. Licensed motor vehicles would be allowed 
to leave the designated road system up to 150-feet from a proposed 
designated route to access dispersed camping. Some routes are not 
proposed in order to protect natural resources (e.g., sensitive 
species) or to comply with existing management direction (e.g., no 
motorized use in wilderness or some wild and scenic rivers).
    A Forest Plan amendment would be required to achieve the purpose 
and need, and implement the Proposed Action. The Amendment would close 
all areas and roads to OHV use, unless designated open; and would 
discontinue all motorized use cross-country use, except allowing 
licensed motorized access to dispersed camping in designated area.
    Interactive electronic maps and route data and other information 
about the project are available on the Internet at: http://www.fs.fed.us/r6/mthood/projects/. Also, maps of the proposed areas and 
additional information on the proposal are available by contacting 
Jennie O'Connor, Mt. Hood National Forest (see above).

Proposed Scoping

    As directed by the National Environmental Policy Act (1969), the 
Forest Service is now seeking comments from individuals, organizations, 
local and state governments, and other federal agencies that may be 
interested in or affected by the proposed action. Comments may pertain 
to the nature and scope of the environmental, social, and economic 
issues, and possible alternatives to the proposed action. Comments will 
help the Forest Service assess the proposed action, develop 
alternatives and prepare a draft environmental impact statement.
    The Forest Service will host two open houses to present and answer 
questions about the proposed action. The meetings are scheduled for 
September 11, 2007 in Portland from 6 p.m. to 7:30 p.m. and for 
September 12, 2007 in Hood River from 6 p.m. to 7:30 p.m. Since there 
will be no formal presentations at the open houses, please feel free to 
come at any time during the meetings.

Preliminary Issues Identified to Date

    The potential for impacts/effects as a result of designating and 
constructing OHV routes as well as motorized access to dispersed 
camping are important considerations that need to be addressed in the 
analysis. The following issues were identified during the preliminary 
effects analysis and public input in designating the OHV routes, both 
conducted in 2005.
    <bullet> Soils: Sedimentation input from the disturbance next to 
streams. Impacts to

[[Page 48984]]

cryptobiotic crust, which do not recover quickly.
    <bullet> Fisheries: Presence of threatened, endangered and 
sensitive aquatic species. Potential stream crossings by OHVs. Trails 
located within riparian reserves.
    <bullet> Botany: Impacts to sensitive plant, fungi, lichen and moss 
habitat, if users venture off designated routes. Increased potential to 
spread non-native invasive plants.
    <bullet> Law enforcement: Capacity to enforce designated OHV routes 
and ability to keep users to the designated routes.
    <bullet> Fire and fuels: Increased potential for fire starts, 
especially at staging areas.
    <bullet> Recreation: Conflicts between user groups, particularly 
non-motorized and motorized trail use.
    <bullet> Social: Increased accidents, noise and crime due to 
increased OHV use. Potential sanitation problems associated with the 
more people. Conflicts with local residents.

Alternatives Considered

    The No Action alternative will serve as a baseline for comparison 
of alternatives. This alternative will offer no treatment of affected 
sites. It will be fully developed and analyzed. The proposed action, as 
described above will be considered as an alternative. Additional 
alternatives may be developed around the proposed action to address key 
issues identified in the scoping and public involvement process.

Estimated Dates for Draft and Final EIS

    The draft EIS is expected to be filed with the Environmental 
Protection Agency (EPA) and to be available for public comment by April 
2007. The comment period on the draft EIS will be 45 days from the date 
the EPA publishes the notice of availability in the Federal Register.
    The Forest Service believes, at this early state, it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
the draft EIS must structure their participation in the environmental 
review of the proposal so that it is meaningful and alerts an agency to 
the reviewer's position and contentions. Vermont Yankee Nuclear Power 
Corp. v. NRDC. 435 U.S. 519.553 (1978). Also, environmental objectives 
that could be raised at the draft EIS stage but that are not raised 
until after the completion of the final EIS may be waived or dismissed 
by the courts. City of Angoon v. Hodel, 803 F. 2d 1016, 1022 (9th Cir. 
1986) and Wisconsin Heritage, Inc. v. Harris, 490 F. Supp. 1334 (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 EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS should 
be as specific as possible. It is also helpful if the comments refer to 
specific pages or chapters of the draft statement. Comments may also 
address the adequacy of the draft EIS 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 (40 
CFR 1503.3).
    Comments received in response to this solicitation, including names 
and addresses of those who comment, will be considered part of the 
public record on this proposed action and will be available for public 
inspection. Comments submitted anonymously will be accepted and 
considered; however, those who submit anonymous comments may not have 
standing to appeal the subsequent decision under 36 CFR part 215. 
Additionally, pursuant to 7 CFR 1.27(d), any person may request the 
agency to withhold a submission from the public record by showing how 
the Freedom of Information Act (FOIA) permits such confidentiality. 
Persons requesting such confidentiality should be aware that, under the 
FOIA, confidentiality may be granted in only very limited 
circumstances, such as to protect trade secrets. The Forest Service 
will inform the requester of the agency's decision regarding the 
request for confidentiality, and where the request is denied, the 
agency will return the submission and notify the requester that the 
comments may be resubmitted with or without name and address within a 
specified number of days.
    Comments on the draft EIS will be analyzed, considered, and 
responded to by the Forest Service in preparing the final EIS. The 
final EIS is scheduled to be completed in June 2008. The Responsible 
Official will be Gary Larsen, Forest Supervisor of the Mt. Hood 
National Forest. He will consider comments, responses, environmental 
consequences discussed in the final EIS, and applicable laws, 
regulations, and policies in making a decision regarding this proposed 
action. The responsible official will document the decision and 
rationale for the decision in the Record of Decision. It will be 
subject to Forest Service Appeal Regulations (36 CFR part 215).

    Dated: August 17, 2007.
Gary L. Larsen,
Forest Supervisor, Mt. Hood National Forest.
[FR Doc. 07-4164 Filed 8-24-07; 8:45 am]
BILLING CODE 3410-11-M


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