Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 / Proposed Rules 4351

2. Roads most heavily used by the

public will be safe and will promote

efficient travel. These outcomes will be

accomplished by aggressively updating

roads (reconstruction, design and

maintenance) and reducing

environmental impacts in these areas.

3. New roads that are determined

necessary for National Forest System

management will be designed more

carefully to minimize ecological

damage, and limited funds will be spent

appropriately. These outcomes will be

achieved by carefully analyzing factors

surrounding the decision to build new

roads in roaded areas, as well as the

decision to build new roads in roadless

areas, to assure that managers make

more informed decisions and that only

necessary construction is taking place.

The agency invites comments and

suggestions on procedures for

improving management of the national

forest road system.

Agency Actions

Several research efforts are underway

to examine the National Forest road

system and its uses; to synthesize

scientific information on Forest Service

roads; and to analyze attitudes toward

roads as expressed in the news media.

Drafts of these reports are available from

Director, Pacific Northwest Research

Station, P.O. Box 3890, Portland, OR

97208–3890, 503–808–2100 and also at

pnw/r6pnw@fs.fed.us on the Internet.

An essential element of this

comprehensive overhaul of forest road

policy is to develop improved analytical

tools for land managers and resource

specialists. To that end, agency

researchers and specialists are

developing an improved analysis

process that assures that the ecological,

social, and economic impacts of

proposed construction and

reconstruction of National Forest

System roads are objectively evaluated,

and that there is a full consideration of

public demand on National Forest

System roads in the context of current

scientific information. This process will

undergo an independent technical and

scientific peer review before adoption.

Until the effects of roads can be more

rigorously assessed, the Forest Service is

also proposing to issue an interim rule

to temporarily suspend road

construction and reconstruction in

roadless areas for not more than 18

months. The proposed interim rule

appears in the same separate part of

today’s Federal Register with a request

for public comment and notice of the

initiation of scoping under the National

Environmental Policy Act of 1969.

Suggestions on the scope and nature

of a proposed revision of the Forest

Service’s road management policy, as

well as comments on the agency’s

preliminary suggestions are invited. The

agency will consider all comments in

developing the proposed rule.

Dated: January 22, 1998.

Mike Dombeck,

Chief, Forest Service.

Appendix A—Facts About the National

Forest Road System

1. The National Forest Road System is

extensive and diverse; it includes an

estimated 373,000 miles of forest roads.

a. One-fourth (23%) are called arterial or

collector roads and they serve all users,

including passenger cars.

b. Over one-half (57%) are roads that are

only passable by high-clearance vehicles

such as four-wheel drives.

c. One-fifth (20%) are closed by gates.

d. The Forest Service has identified an

additional estimated 60,000 miles of

‘‘uninventoried roads’’ that were created by

repeated use but never build or maintained

to any standards. The actual number of miles

of ‘‘uninventoried roads’’ is likely far greater

than this estimate. There are also additional

public roads on National Forest System

lands, such as state and county roads that are

typically maintained by others.

e. There are more than 7,000 bridges on

forest roads, three-fourths of these are on the

arterial and collector roads.

f. In 1996, new construction of National

Forest System roads was 434 miles, or 0.1%

of the total National Forest road system.

2. Roads are essential for public use and

enjoyment of National Forests and

Grasslands.

a. An estimated 15,000 logging trucks and

vehicles associated with timber harvesting

use National Forest roads each day, about the

same number as in 1950.

b. An estimated 1.7 million vehicles

associated with recreation activities travel

forest roads each day, over 10 times more

than in 1950. Recreation usage is projected to

continue to increase.

c. An estimated 9,000 Forest Service

administrative vehicles travel forest roads

each day, conducting duties essential to the

stewardship of forest resources, including

special use administration, wildlife habitat

improvement projects, maintenance and

operation of recreation facilities, law

enforcement, and fire suppression.

3. Public use and demands on National

Forest System lands have shifted

considerably during the past 10 years. The

size and composition of the National Forest

System road system has not been adjusted

accordingly.

a. Recreation usage has increased from less

than 250 million Recreation Visitor Days to

almost 350 million and is projected to

continue to increase.

b. Timber harvest has dropped to below 4

billion board feet from a high of about 12

billion board feet annually.

c. The need for, and understanding of,

ecological benefits that these forest and

rangelands provide has increased, such as

clean water, wildlife habitat, and habitat for

endangered species.

4. While a significant portion of the

191,000,000 acres of the National Forest

System is roaded, a significant portion

remains roadless.

a. An estimated 34,000,000 acres are

currently designated as wilderness; an

estimated 6,000,000 acres are designated as

proposed wilderness in forest plans.

b. An estimated 33,000,000 acres are

currently unroaded in blocks of 5,000 acres

or more for which the existing forest plans

have proposed management that could

include building new roads.

c. Of the 33,000,000 acres that are

unroaded and available for management

activities that could include roading, an

estimated 8,000,000 acres are classified as

‘‘suitable for timber production.

5. Current funding levels are inadequate to

maintain the roads to planned standards that

permit efficient and safe use and keep

ecological impacts at acceptably low levels.

a. About 40% of National Forest System

roads are fully maintained to the planned

safety and environmental standards for

which they were designed.

b. The backlog of reconstruction needs on

National Forest System roads is considerable.

For example, the backlog on arterial and

collector roads alone is estimated to be over

$10 million, due to their age (three-fourths

are over 50 years old) and their lack of

adequate regular maintenance.

c. From 1991 to 1996, funding for

decommissioning roads has only financed a

reduction of about 0.5% of National Forest

System roads per year.

6. New scientific information continues to

increase our understanding of the ecological

and social impacts from existing roads and

associated management activities. In some

instances, ecological impacts from existing

roads are more extensive than previously

thought. Examples of these impacts include:

increased frequency of flooding and

landslides; increased stream sedimentation

and associated reduction in fish habitat

productivity; increased habitat fragmentation

and degradation which reduce the travel

corridors needed by species requiring large

home ranges; increased frequency of personcaused fires as a result of access; and

invasion of exotic species that displace

native species. In contrast, recently

constructed roads that are better designed

and better located than earlier roads, and

result in fewer and less severe ecological

impacts.

[FR Doc. 98–1907 Filed 1–27–98; 8:45 am]

BILLING CODE 3410–11–M

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 212

RIN AB–68–0095

Administration of the Forest

Development Transportation System:

Temporary Suspension of Road

Construction in Roadless Areas

AGENCY: Forest Service, USDA.
4352 Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 / Proposed Rules

ACTION: Notice of proposed interim rule;

request for comment.

SUMMARY: In an Advanced Notice of

Proposed Rulemaking (ANPR)

published elsewhere in today’s Federal

Register the Forest Service has

announced its intentions to revise its

management of the National Forest Road

System. In concert with that ANPR, the

Forest Service proposes to suspend

temporarily road construction and

reconstruction in most roadless areas of

the National Forest System. The

intended effect is to safeguard the

significant ecological values of roadless

areas from potentially adverse effects

associated with road construction, while

new and improved analytical tools are

developed to evaluate the impact of

locating and constructing roads. The

temporary suspension of road

construction and reconstruction would

expire upon the application of the new

and improved analysis tools or 18

months, whichever is sooner. This

rulemaking is a component of a larger

effort to address a number of National

Forest System transportation issues.

Public comment is invited and will be

considered in adoption of an interim

rule.

DATES: Comments are due by February

27, 1998.

ADDRESSES: Send written comments to

Director, Ecosystem Management

Coordination Staff, MAIL STOP 1104,

Forest Service, USDA, P.O. Box 96090,

Washington, D.C. 20090–6090.

Comments also may be sent via the

Internet to roads/wo@fs.fed.us.

All comments, including names and

addresses when provided, are placed in

the record and are available for public

inspection and copying at the Forest

Service National Headquarters Offices,

14th and Independence Avenue SW,

Washington, D.C. Persons wishing to

inspect the comments are encouraged to

call ahead (202–205–0895) to facilitate

entrance into the building.

FOR FURTHER INFORMATION CONTACT:

Gerald (Skip) Coghlan, Engineering

Staff, 202–205–1400 or Rhey Solomon,

Ecosystem Management Coordination

Staff, 202–205–0939.

SUPPLEMENTARY INFORMATION: This

proposed interim rule is being

published in association with an

Advance Notice of Proposed

Rulemaking (ANPR) published

elsewhere in this separate part in

today’s Federal Register. In the ANPR,

the Forest Service is giving notice of its

intention to revise the regulations

concerning the management of the

National Forest System transportation

system to address changes in how the

road system is developed, used,

maintained, and funded. As part of the

ANPR, the agency also indicates that the

development of improved scientific and

analytical tools for land managers and

resource specialists is an essential

element of the comprehensive overhaul

of forest road policy.

As noted in the ANPR, the road

system on the National Forest System is

extensive and diverse. It includes an

estimated 373,000 miles of forest system

roads. Roads are essential for the active

management of the resources of the

National Forests and Grasslands. These

roads also are essential for public use

and enjoyment of the National Forest

System.

In addition, the agency estimates that

there are more than 60,000 miles of

roads created by repeated public use of

the National Forests and Grasslands.

Although these roads occur on National

Forest System lands, they are not

planned, managed or maintained by the

agency or considered part of the forest

road system.

A growing body of scientific

information demonstrates that road

construction in sensitive areas, such as

roadless areas, may cause the

introduction of exotic plant species,

disrupt wildlife habitat, and otherwise

compromise the attributes that make

roadless areas ecologically important

and often unique. Roadless areas are

often aquatic strongholds for fish of

great recreational and commercial value.

These areas also often provide critical

habitat and migration routes for many

wildlife species, and they are

particularly important for those species

requiring large home ranges, such as the

grizzly bear and the wolf.

The effects of road construction may

persist for decades. Many of the

remaining areas with the National

Forest System are in areas with steep

slopes that surround headwater streams.

Road construction increases the risk of

erosion, landslides, and slope failure,

which may compromise critically

important water quality. Until new and

improved analytical tools can be

developed and implemented to evaluate

the positive benefits and adverse

impacts of roads, the adoption of an

interim rule to temporarily suspend

road construction or reconstruction

within National Forest System roadless

areas is viewed as critical to preserve

land and resource management options.

Draft Proposed Interim Rule

The agency proposes to temporarily

suspend road construction activities,

including the construction of temporary

roads on National Forest System

roadless areas, through issuance of an

interim rule to a new § 212.13 of Part

212 of Title 36 of the Code of Federal

Regulations. Specifically, the interim

rule would apply the temporary

suspension to roadless areas of 5,000

acres or more inventoried in RARE II

(Roadless Area Review and Evaluation)

and other unroaded areas, regardless of

size, identified in a forest plan;

unroaded areas greater than 1,000 acres

contiguous to Congressionallydesignated Wilderness or contiguous to

federally-administered components of

the National Wild and Scenic Rivers

System that are classified as ‘‘Wild’’;

and all unroaded areas greater than

1,000 acres contiguous to roadless areas

of 5,000 acres or more on other federal

lands. In addition, the suspension

would apply to two other categories: (1)

any National Forest System (NFS) area

of low-density road development or (2)

any other NFS area that retains its

roadless characteristics which the

Regional Forester subsequently

determines have such special and

unique ecological characteristics or

social values that no road construction

or reconstruction should proceed. The

agency does not anticipate that Regional

Foresters will create a new inventory of

roadless areas that meet the criteria of

these latter two categories. Rather, it is

expected that Regional Foresters will

apply these categories on a project-byproject basis. Examples of areas that

might be considered under these latter

categories are areas needed to protect

the values of municipal watersheds,

including public drinking water

sources, or to provide habitat for listed

or proposed endangered and threatened

fish, wildlife, or plants. Another

example might be the National Forest

System roadless areas listed in Table 5.1

of the Southern Appalachian Area

Assessment, Social/Cultural/Economic

Technical Report, Report 4 of 5, July

1996.

The suspension would remain in

effect until any suspended road

construction could be evaluated using

the new analytical tools that are being

developed, but no longer than 18

months from the effective date of the

interim rule.

The proposed interim rule would

expressly exempt four categories of

roadless areas from the temporary

suspension of road construction and

reconstruction:

1. Roadless areas within National

Forests that have a signed Record of

Decision revising their forest plans and

have completed the administrative

appeal process as of the effective date of

the rule.

2. Roadless areas within National

Forests that have a signed Record of
Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 / Proposed Rules 4353

Decision revising their forest plans on

which the administrative appeal process

is underway, but not completed as of

the effective date of the rule.

3. Roadless areas in Washington,

Oregon, and California within those

portions of National Forests

encompassed by the Northwest Forest

Plan; and

4. Road construction or reconstruction

in roadless areas needed for public

safety or to ensure access to private

lands pursuant to statute or outstanding

and reserved rights.

The exemptions for final revised

forest plans and for the Northwest

Forest Plan recognize the currency of

the scientific information, evaluations,

public participation, and decisions

made in these plans and the need to

minimize disruption in programs of

work. The proposed interim rule also

recognizes the necessity to ensure

public safety and access to private

property. The exemption for revised

plans currently under appeal also

honors exiting decisionmaking and

administrative appeal processes and

seeks to avoid undue interruptions or

interference with established planning

processes. We specifically request

comment on whether additional

measures are needed to implement

exemption (b)(2).

The proposed interim rule would not

modify, suspend, or cause to be reexamined any existing permit, contract,

or other instrument authorizing

occupancy and use of the National

Forest System, any land and resource

management plan, any land allocation

decision, or other management activity

or use within roadless areas in which

road construction or reconstruction are

temporarily suspended. The intent is

not to halt active management of

roadless areas but to protect their values

while improved analytical tools are

developed to better assess the impacts of

road construction on roadless area

values.

Regulatory Impact

Under the proposed interim rule,

some currently planned land

management projects that are dependent

on new road construction, such as

timber sales and ecosystem restoration

activities, may not be implemented in

the timeframe currently planned. During

the interim period, some projects may

proceed in an altered form and some

may be postponed until such time that

the road assessment process is

implemented. Those projects may

eventually be altered as a result of new

information provided by the forest road

assessment process. It is difficult to

estimate with precision the costs and

benefits associated with deferring

projects due to considerable variation in

site-specific factors; the fact that

projects are in various stages of

development and readiness to execute;

the fact that planning and analysis often

take much longer to complete than

originally anticipated; and the fact that

some project work can be shifted to

other sites outside roadless areas.

Nationwide, the agency estimates that

of the total 3.8 billion board feet

planned for FY 1998, the volume of

timber actually offered for sale will be

reduced by 100–275 million board feet.

Although the actual amounts are very

difficult to estimate, this reduction in

timber volume offered could lead to

corresponding reductions in

employment and in payments to states.

It is expected that the Intermountain

and Northern Regions of the National

Forest System will experience a

disproportionately higher effect from

the suspension than other geographic

regions of the country, due to the higher

dependence on roadless areas for timber

production in these regions.

While the delay in these projects will

have some adverse economic impact in

the short term, these impacts are offset

by the benefits to be gained from the

temporary suspension of road

construction and reconstruction in these

areas. The benefits would include the

prevention of an increased risk of

erosion, landslides, and slope failure, all

of which may compromise critically

important water quality in the

headwater streams that are found in

many of the covered roadless areas. The

temporary suspension would also help

to prevent introduction of exotic plant

species into these areas. The

development of a new road analysis

process would also allow currently

proposed and future projects requiring

road construction to reflect current

scientific information and resource use

trends. This will help managers and the

public better understand the

consequences of locating and building

roads in roadless areas.

This proposed interim rule has been

reviewed under USDA procedures and

Executive Order 12866 on Regulatory

Planning and Review. It has been

determined that this is a significant rule

because of the importance of road policy

issues. While this proposed interim

measure would create some costs

associated with temporarily suspending

actions on road construction or

reconstruction, the suspension is

limited to roadless areas and some lowdensity roaded areas and is temporary,

not to exceed 18 months. This proposed

interim rule will not have an annual

effect of $100 million or more on the

economy nor have a significant adverse

effect on productivity, competition,

jobs, the environment, public health or

safety, nor State or local governments.

Accordingly, this proposed interim rule

has been reviewed by OMB under

Executive Order 12866.

Moreover, this proposed interim rule

has been considered in light of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.), and it is hereby certified that

this action will not have a significant

economic impact on a substantial

number of small entities as defined by

that Act.

Unfunded Mandates Reform

Pursuant to Title II of the Unfunded

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

1531–1538), the Department has

assessed the effects of this proposed

interim rule on State, local, and tribal

governments and the private sector.

This proposed interim rule does not

compel the expenditure of $100 million

or more by any State, local, or tribal

government or anyone in the private

sector. Therefore, a statement under

section 202 of the Act is not required.

Environmental Impact

Section 31.1b of Forest Service

Handbook (FSH) 1909.15 (57 FR 43180;

September 18, 1992) excludes from

documentation in an environmental

assessment or impact statement ‘‘rules,

regulations, or policies to establish

Service-wide administrative procedures,

program processes, or instructions.’’ The

agency’s assessment is that this

proposed interim rule falls within this

category of actions. Nevertheless, in

furtherance of the purposes of the

National Environmental Policy Act, the

agency has elected to undertake

environmental analysis and

documentation prior to publication of

the final interim rule. As part of the

agency scoping under its NEPA

procedures, public comment is invited.

No Takings Implications

This proposed interim rule has been

analyzed in accordance with the

principles and criteria contained in

Executive Order 12630, and it has been

determined that the proposed interim

rule does not pose the risk of taking of

Constitutionally-protected private

property. There are no Constitutionallyprotected private property rights to be

affected, since the proposed interim rule

applies only to federal lands and

explicitly ensures access to private

property pursuant to statute or to

outstanding or reserved rights.
4354 Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 / Proposed Rules

Civil Justice Reform Act

This proposed interim rule has been

reviewed under Executive Order 12988,

Civil Justice Reform. This proposed

interim rule (1) preempts all State and

local laws and regulations that are in

conflict or which would impede its full

implementation, (2) has no retroactive

effect on existing permits, contracts, or

other instruments authorizing the

occupancy and use of the National

Forest System, and (3) does not require

administrative proceedings before

parties may file suit in court challenging

its provisions.

Controlling Paperwork Burdens on the

Public

This proposed interim rule does not

contain any recordkeeping or reporting

requirements or other information

collection requirements as defined in 5

CFR 1320 and, therefore, imposes no

paperwork burden on the public.

Accordingly, the review provisions of

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501, et seq.) and

implementing regulations at 5 CFR part

1320 do not apply.

List of Subjects in 36 CFR Part 212

Highways and roads, National forests,

Rights-of-way, and Transportation.

Therefore, the Forest Service proposes

an interim rule amending 36 CFR part

212 as follows:

PART 212—ADMINISTRATION OF THE

FOREST DEVELOPMENT

TRANSPORTATION SYSTEM

1. The authority citation for part 212

continues to read as follows:

Authority: Sec. 1, 30 Stat. 35, as amended

sec. 205, 72 Stat. 907; 16 U.S.C. 551, 23

U.S.C. 205, unless otherwise noted.

2. Add a new § 212.13 to read as

follows:

§ 212.13 Temporary suspension of road

construction in roadless areas.

(a) Suspensions. Except as provided

in paragraphs (b) and (c) of this section,

new road construction projects,

including temporary roads, and road

reconstruction projects are suspended

within the following areas of the

National Forest System:

(1) ALL RARE II inventoried roadless

areas of 5,000 acres or more within the

National Forest System and all other

roadless areas, regardless of size,

identified in a land and resource

management plan;

(2) All National Forest System

roadless areas greater than 1,000 acres

that are contiguous to Congressionallydesignated Wilderness Areas or that are

contiguous to federally-administered

components of the National Wild and

Scenic River System (16 U.S.C. 1274)

which are classified as Wild;

(3) All National Forest System

roadless areas greater than 1,000 acres

that are contiguous to roadless areas of

5,000 acres or more on other federal

lands;

(4) Any National Forest System area,

regardless of size, with low-density road

development that essentially retains its

roadless characteristics on which the

Regional Forester subsequently

determines that road construction or

reconstruction should not proceed,

because of the area’s special and unique

ecological characteristics or social

values; and

(5) Any other National Forest System

area, regardless of size, that essentially

retains its roadless characteristics on

which the Regional Forester

subsequently determines that road

construction or reconstruction should

not proceed, because of the area’s

special and unique ecological

characteristics or social values.

(b) Exemptions. Road construction

and reconstruction projects within the

following roadless areas are exempt

from the suspension required by

paragraph (a) of this section:

(1) Roadless areas within National

Forests that have a signed Record of

Decision revising their land and

resource management plans prepared

pursuant to the National Forest

Management Act (16 U.S.C. 1604(f)(5))

on which the administrative appeals

process under 36 CFR Part 217 has been

completed as of the effective date of the

final interim rule;

(2) Roadless areas within a National

Forest that has a signed Record of

Decision revising the land and resource

management plan prepared pursuant to

the National Forest Management Act (16

U.S.C. 1604(f)(5)) on which the

administrative appeals process under 36

CFR Part 217 is underway as of the

effective date of the final interim rule.

(For these forests, issues related to the

construction of roads in roadless areas

will be addressed in the appeal

decision, when appropriate.);

(3) Roadless areas within National

Forest System lands in Washington,

Oregon, and California, that are

encompassed by the Northwest Forest

Plan which is described in the ‘‘Record

of Decision for Amendments to Forest

Service and Bureau of Land

Management Planning Documents

Within the Range of the Northern

Spotted Owl and Standards and

Guidelines for Management of Habitat

for Late Successional and Old-Growth

Forest Related Species Within the Range

of the Northern Spotted Owl, April 13,

1994;’’ and

(4) Road construction or

reconstruction in roadless areas needed

for public safety or to ensure access

provided by statute or provided

pursuant to reserved or outstanding

private rights.

(c) Scope and applicability. (1) This

section does not suspend or modify any

existing permit, contract, or other

instrument authorizing the occupancy

and use of National Forest System land.

Additionally, this section does not

suspend or modify any existing National

Forest System land allocation decision,

nor is this section intended to suspend

or otherwise affect other management

activities or uses within roadless areas

in which road construction or

reconstruction projects are suspended

pursuant to paragraph (a) of this section.

(2) The suspensions provided by

paragraph (a) of this section remain in

effect until any suspended road

construction in roadless areas can be

evaluated using new analytical tools, or

18 months, which ever is first.

(d) Effective date. The suspension of

road construction and reconstruction

projects in roadless areas as provided in

paragraph (a) of this section is effective

upon the date of publication of the final

interim rule.

Dated: January 22, 1998.

Mike Dombeck,

Chief, Forest Service.

[FR Doc. 98–1906 Filed 1–27–98; 8:45 am]

BILLING CODE 3410–11–M