65796 Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Notices

DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596–AB90

Forest Transportation System

Analysis; Roadless Area Protection

AGENCY: Forest Service, USDA.

ACTION: Notice of interim administrative

directives, request for comment.

SUMMARY: On January 12, 2001,

corollary with revisions to the Forest

Transportation System rules at 36 CFR

part 212, the Forest Service adopted a

revised administrative policy to guide

transportation planning, analysis, and

management, especially road

management in the National Forest

System. One element of that policy

authorized road construction and

reconstruction in inventoried roadless

areas and contiguous unroaded areas

only if the Regional Forester determined

that the project met a compelling need,

a roads analysis was conducted, and an

EIS prepared. The interim requirements

were to remain in effect until each unit

completed a forest-scale roads analysis

and forest plan review, amendment, or

revision. Following extensive roads

analysis implementation training and

field review of the entire road

management policy, new Interim

Directives (ID’s) to Forest Service

Manual Chapters 1920 and 7710 have

been issued. These ID’s streamline,

clarify, and consolidate, with related

planning direction, the inventoried

roadless area interim requirements. The

new ID to FSM 7710 also clarifies the

flexibility of line officers in determining

the application of the roads analysis

process. The intended effect is to

improve the agency’s ability to

implement these policies consistently

and to stabilize roadless area

management. Comments are invited and

will be considered in adoption of final

revised directives.

DATES: Interim Directive Nos. 1920–

2001–1 and 7710–2001–3 were effective

December 14, 2001. Comments must be

submitted in writing on or before

February 19, 2002.

ADDRESSES: Written comments

concerning these Interim Directives

should be sent to USFS CAT, Attention:

Road Policy, P.O. Box 221150, Salt Lake

City, UT, 84122; via e-mail to

roads_id@fs.fed.us; or via facsimile to

USFS CAT, Attention: Road Policy, at

801–517–1021.

FOR FURTHER INFORMATION CONTACT:

Questions about this action should be

addressed to Mike Ash, Deputy Director

of Engineering, 703–605–4646, or Heidi

Valetkevitch, Office of Communications,

202–205–0914.

SUPPLEMENTARY INFORMATION:

Contents

• Background

• Revisions to Road Management Directives

• Regulatory Certifications

• Conclusion

• Revisions to Forest Service Road

Mangement Directives

• Inventoried Roadless Areas

Background

The Forest Service Road Management

Strategy adopted January 12, 2001, (66

FR 3219) consisted of revisions to the

rules governing the Forest

Transportation System at 36 CFR part

212 and revisions of the agency’s

administrative directives on the

transportation system in Forest Service

Manual (FSM) Chapter 7700 Zero Code

and Chapter 7710, transportation atlas,

records, and analysis. The rule directs

the Responsible Official of each

National Forest, Grassland, or other unit

of the National Forest System to perform

a comprehensive analysis of the road

system within the unit and to document

the overall forest transportation system

in a transportation atlas.

Issued concurrently with the final

rule, the Forest Service administrative

directives to FSM Chapter 7710

established standards for creation of the

road atlas and for determining the scope

and scale of roads analyses needed to

inform road management decisions; that

is, road construction, reconstruction, or

decommissioning. Additionally, the

revision of Forest Service Manual

Chapter 7710 included interim

requirements that, rather than

addressing the transportation atlas,

record, or analysis, imposed a

significant restriction on road

construction or reconstruction in

inventoried roadless areas and

contiguous unroaded areas until a

forest-scale roads analysis was

completed and incorporated into the

Forest plan.

Upon adoption of the road

management rule and directives in

January 2001, the Forest Service began

extensive implementation training on

application of the science-based roads

analysis process mandated by FSM

7712.1; on creating the road atlas; and

on complying with the other elements of

the road management directives. Since

the training began, many Forest Service

transportation managers have informed

the Chief’s office that the deadlines for

compliance are unworkable, considering

the level of detail and the variety of

information required and the amount of

training necessary before the analysis

can begin. Moreover, conducting the

newly required roads analysis has, in

some cases, conflicted with seasonal

workload demands, especially in light

of the need for restoration work after

last year’s devastating fire season.

Additionally, pursuant to a late January

memorandum from the President’s Chief

of Staff to cabinet members, the

Secretary of Agriculture began a review

of the roadless area rule, also adopted

on January 12, 2001, and the Chief of

the Forest Service undertook a review of

the road management policy. These

reviews have led the agency to initiate

several Interim Directives (ID’s).

The first Interim Directive (ID No.

7710–2001–1, issued May 31, 2001)

reflected the Chief’s goal of encouraging

and relying on local expertise and

authority over forest-level issues as

much as possible. As adopted January

12, 2001, Forest Service Manual section

7712.15, paragraph 2a, (FSM 7712.15,

para. 2a,) required, with some

exceptions, all units to complete a

forest-scale roads analysis by January

13, 2003. Further, under paragraph 2b,

of this section, only the Chief could

approve an extension. Recognizing that

Regional Foresters are better informed of

particular management challenges

facing individual national forests and

grasslands and their annual programs of

work, ID No. 7710–2001–1 (May 31,

2001) delegated the authority to extend

the deadline for completing the forestscale roads analysis to Regional

Foresters. Secondly, in response to field

concerns about the impending July 12

deadline by which all road management

decisions must be informed by a roads

analysis, ID No. 7710–2001–1 extended

the deadline to January 12, 2002. Notice

of the May 31 ID was published in the

Federal Register on August 24, 2001 (66

FR 44590), with a request for comment.

The Chief announced in a June 7,

2001, letter the importance of managing

and protecting inventoried roadless

areas as an important component of the

National Forest System and that he

would reserve the authority to make

decisions, except in specific

circumstances, regarding road

management activities and timber

harvesting in those areas. Two Interim

Directives, ID No. 7710–2001–2 and ID

No. 2400–2001–3, were issued on July

27, 2001, to implement the Chief’s

announcement.

In a letter to Regional Foresters dated

June 12, 2001, the Deputy Chief for

National Forest Systems, noting the

Chief’s June 7, announcement, asked

Regional Foresters and Forest

Supervisors to review the road

management policy to identify any

provisions that they believe should be

revised.

Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Notices 65797

Responses from field units to the

Deputy Chief’s June 12 letter included

the following recommendations:

1. Retain the rule revisions at 36 CFR

part 212 without change, as there are no

burdensome or confusing provisions in

the rule and FSM Chapter 7700 Zero

Code or this directive;

2. Allow for decisions to be made as

close to the ground as practicable;

3. Clarify the local manager’s

flexibility and discretion to conduct

roads analysis for proposed actions

(FSM Chapter 7710); and

4. Limit the scope of the interim

requirements (FSM 7712.16) to

inventoried roadless areas, because of

the ambiguities of identifying and

mapping contiguous unroaded areas as

described in FSM 7712.16 and because

some of the maps of inventoried

roadless areas cover some contiguous

unroaded lands.

In addition to these

recommendations, the Forest Service

recognized that the incremental

issuance of directives on road

management and roadless areas had

caused confusion for some employees

and the public alike and, therefore, that

the agency needed to consolidate earlier

directives in a way that clarified intent.

Revisions to Road Management

Directives

The review of the road management

policy has resulted in the issuance of

two new Interim Directives—one to

FSM Chapter 7710—Transportation

Atlas, Records, and Analysis, and

another to FSM Chapter 1920—Land

and Resource Management Planning.

The changes related to the interim

requirements are explained first,

followed by identification of other

changes to Chapter 7710.

• Interim Requirements (FSM

7712.16–7712.16d). When Chapter 7710

was adopted in January 2001, it

included a new section 7712.16 entitled

‘‘Interim Requirements for Road

Construction/Reconstruction in

Inventoried Roadless and Contiguous

Unroaded Areas.’’ This section was

based on a similar section, entitled

‘‘Transition Procedures,’’ in the

proposed policy published March 3,

2000, in Part III of the Federal Register

(65 FR 11676–11693). This section of

the proposed policy was controversial

and was substantially revised in the

final directive, both to strengthen

restrictions on entering these areas and

to clarify the agency’s intent.

As adopted, January 12, 2001, the

interim requirements set out in FSM

7712.16–7712.16d provided the

following:

1. Road construction or reconstruction

in inventoried roadless areas and

contiguous unroaded areas could not be

authorized unless there was a

compelling need for the activity; an

Environmental Impact Statement was

prepared; a science-based roads analysis

was conducted on the proposal; and the

Regional Forester served as the

Responsible Official.

2. Examples of compelling needs for

roads were provided. Additionally, the

Regional Forester for the Alaska Region

was given authority to determine that

meeting market demand for timber from

the Tongass National Forest constitutes

a compelling need.

3. Environmental mitigation or

restoration activities on unclassified

roads were appropriate but not

reconstruction and maintenance of

unclassified roads.

4. Certain road management actions

were exempted from the interim

requirements:

a. Roads needed for public health and

safety in cases of imminent threat of

catastrophic events threatening loss of

life or property;

b. Roads needed to conduct a

response action under the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) or to conduct a natural

resource restoration under CERCLA, the

Clean Water Act, or Oil Pollution Act;

and

c. Road construction needed in

conjunction with the continuation,

extension, or renewal of an existing

mineral lease or issuance of a new lease

upon expiration of an existing lease.

Based on the internal review of the

road management direction (FSM

7712.16–7712.16d), the agency has

made several modifications to the

interim requirements.

1. Contiguous Unroaded Areas. Given

the difficulty of identifying contiguous

unroaded areas, the agency has

concluded that the interim requirements

of FSM 7712.16b could be interpreted as

preventing the agency from undertaking

any road management activity within

proximity of an inventoried roadless

area. This ambiguity would lead to

confusion and inconsistencies across

the agency. Moreover, the protection of

unroaded values should not be

determined solely on the basis of

acreage, which is the approach adopted

in the January directive. Instead, the

boundaries of unroaded areas should be

based on conditions and characteristics

of the landscape and identified within

the context of land and resource

management planning. The agency

already has a regulatory requirement to

review inventoried roadless areas

during the forest plan revision process.

At that time, the Responsible Official

determines the need to add contiguous

land or to subtract from previously

identified inventoried roadless areas

and establishes their management

direction. For all these reasons, the

agency has removed ‘‘contiguous

unroaded areas’’ from the interim

requirements.

2. EIS Requirement. The agency also

has dropped the requirement for an

Environmental Impact Statement (EIS)

for road management activities

proposed in inventoried roadless areas.

The National Environmental Planning

Act (NEPA) rules and procedures

established by the Council on

Environmental Quality (CEQ) govern the

level of analysis required when the

agency considers proposed actions.

Briefly, under the Act and CEQ

regulations, it is the nature of a

proposed action that determines the

environmental analysis and

documentation required. A blanket

requirement for an EIS would result in

needless expenditures of public

resources in those cases where only

minor surface disturbance would occur.

In fact, in the course of the agency’s

review of the interim requirements, a

number of forests reported situations

where a new road or road reconstruction

would traverse a quarter mile or less of

roadless areas and, therefore, require

preparation of an EIS, even though the

effects would be so minimal as to be

sufficiently disclosed in an

Environmental Assessment. Several of

these situations were reported to be

impeding access to oil and gas leasing

or other mining operations.

Removal of the EIS requirement does

not reduce the agency’s environmental

analysis and disclosure obligation. The

Forest Service has a directive provision

that requires preparation of an EIS

whenever any activity would

substantially alter the character of an

inventoried roadless area (FSH 1909.15,

sec. 20.6). All projects remain subject to

NEPA requirements. Involvement by the

public, States, Tribes, and other

interested parties will continue to help

identify the issues to be addressed

related to inventoried roadless areas,

and issues associated with roadless

values will continue to be addressed

through roads analysis and compliance

with regulations and procedures of

NEPA, 40 CFR part 1500–1508, and

Forest Service Handbook 1909.15.

3. Relocation of Interim

Requirements. In addition to the

preceding modifications, the agency has

concluded that the interim requirements

should be removed from Chapter 7710

because the primary focus of Chapter

65798 Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Notices

7710 is on transportation records and

analysis, not protection of special areas.

Consequently, the modified interim

requirements have been moved to a new

section 1925 in the planning chapter of

the Forest Service Manual (FSM Chapter

1920) to provide guidance for

addressing road management activities

until land management plans are

amended or revised. With this change,

Chapter 7710 now focuses appropriately

on transportation analysis needed to

make better decisions about the scope

and funding of the transportation

network on each National Forest,

Grassland, and Prairie. This relocation

of the interim requirements to Chapter

1920 remains consistent with the

agency’s intent in adopting the final

road management directive in January

2001. As explained in the January

Federal Register notice, the agency

retained the transition procedures of the

proposed policy (renamed ‘‘interim

requirements’’ in the final directive) to

ensure that the ‘‘values associated with

inventoried roadless and contiguous

unroaded areas are fully considered

within the context of forest planning’’

(66 FR 3226, Col. 3).

Therefore, simultaneously with

issuance of the latest ID No. 7710–2001–

3, the agency has issued Interim

Directive No. 1920–2001–1 to

consolidate the direction on inventoried

roadless areas. This ID establishes a

policy of protecting the values of these

areas and restricts entry for road

management activities or timber harvest

until a forest scale roads analysis is

incorporated into the forest plan. ID No.

1920–2001–1 also incorporates the

protections for roadless areas

announced by the Chief on June 7, 2001,

which were issued in ID Nos. 7710–

2001–2 and 2400–2001–3. These

previous ID’s reserved to the Chief the

authority to approve certain road

management activities and timber

harvest in inventoried roadless areas.

• Scope and Scale of Roads Analysis.

The other substantive revision of the

road management policy in FSM

Chapter 7710 is to clarify the local

Responsible Official’s discretion and

flexibility to conduct roads analysis.

While the January 2001 directive

provided for discretion, many

employees did not interpret the

directive as allowing much flexibility.

Therefore, FSM 7712.13 has been

revised to make clearer the use of roads

analysis at each of the various scales

and the actions that are subject to roads

analysis. Also, in response to field

employee queries, examples of

circumstances where roads analysis may

not be necessary have been added to

FSM 7712.13c. These include temporary

roads for short-term access or a minor

extension of a road into a forest

campground. Additionally, Exhibit 01 of

FSM 7712.13 has been modified to

reflect the removal of the interim

requirements from FSM Chapter 7710.

Regulatory Certifications

Regulatory Impact

This notice has been reviewed under

USDA procedures and Executive Order

12866 on Regulatory Planning and

Review. The Office of Management and

Budget (OMB) has reviewed this notice

and has determined it constitutes a

significant action as defined by

Executive Order 12866. ID No. 7710–

2001–3 provides Service-wide direction

to forest and regional personnel about

analyzing, planning for, and managing

the forest transportation system. ID No.

1920–2001–1 relocates interim

requirements regarding inventoried

roadless areas from FSM 7712 and FSM

2400 to Chapter 1920.

The costs and benefits of these

Interim Directives are necessarily

speculative. These directives revise a

strategy that provides guidance for

transportation planning, but does not

dictate land management decisions.

Therefore, the agency has chosen to

perform a qualitative analysis. As with

the effects identified in the

Environmental Assessment, the costs

and benefits associated with the

revisions made by the Interim Directives

fall within the range of the Cost-Benefit

Analysis (Appendix E) prepared for the

January 2001 policy. With the changes

made by the Interim Directives, FS

estimates that these Interim Directives

will have an overall positive economic

benefit compared to the January 2001

final policy. In the Environmental

Assessment, the Cost-Benefit Analysis

(Appendix E) cited a reduction in direct

and total jobs as well as timber receipts

as a result of the decrease in timber

harvest and mineral exploration and

extraction in inventoried roadless areas

and contiguous unroaded areas as

negative effects of the January 2001

policy. The costs of the January 2001

road management policy were based on

estimates of miles of road to be

constructed or reconstructed and loss of

jobs associated with reduced timber

harvest in inventoried roadless areas

and contiguous unroaded areas. The

Forest Service estimated that the

eventual implementation of the

preferred alternative/final road

management strategy on all National

Forests could result in an annual

decrease in timber harvesting by as

much as 170 million board feet, a

decrease of 5 percent from current levels

if no roads were constructed in any

inventoried roadless or contiguous

unroaded areas for the purpose of

serving timber harvests. This represents

a value of 1,039 direct jobs and 1,850

total jobs nationwide. However, in the

January EA, it was pointed out that this

level of impact was highly unlikely.

Since the modified road management

policy removes contiguous unroaded

areas from the interim requirements, it

will be even more unlikely that these

levels of impacts would be reached.

Additionally, dropping the mandatory

requirement to prepare an

Environmental Impact Statement (EIS)

for all road management activities

proposed in inventoried roadless areas

and contiguous unroaded areas will

eliminate needless expenditures of

public resources in those cases where an

EIS would not be appropriate.

Under the new Interim Directives, the

values and characteristics of these

contiguous unroaded areas will still be

considered through the roads analysis

process, NEPA analysis, and forest

planning procedures. Consequently, the

agency believes that these areas will not

necessarily be at greater risk of road

construction/reconstruction, or resource

development than was the case when

they were subject to the interim

requirements of the January 2001 policy.

Implementation of the final road

management strategy as modified by

these Interim Directives would still

result in additional protection of

watersheds and air resources; wildlife;

fish; and threatened, endangered, and

sensitive species. It would also still

reduce access to some forest resources

and the economic and social values

associated with those resources. Thus,

the impacts of these Directives would

fall between the impacts described in

the January 2001 Environmental

Assessment and accompanying CostBenefit Analysis. However, while

necessarily speculative, the Forest

Service estimates the economic impacts

under these Interim Directives will

likely be less severe than the estimated

impacts associated with the January

2001 policy.

These Interim Directives also have

been considered in light of the

Regulatory Flexibility Act (5 USC 601 et

seq.). No direct or indirect financial

impact on small businesses or other

entities has been identified. Therefore, it

is hereby certified that this action will

not have a significant economic impact

on a substantial number of small entities

as defined by the Act.

Unfunded Mandates

Pursuant to Title II of the Unfunded

Mandates Reform Act of 1995 (2 USC

Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Notices 65799

1531–1538), the Department has

assessed the effects of these Interim

Directives on State, local, and Tribal

governments, and on the private sector.

These directives do 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.

Federalism

The agency has considered these

Interim Directives under the

requirements of Executive Order 13132,

Federalism, and Executive Order 12875,

Government Partnerships. The agency

has made a preliminary assessment that

the Directives conform with the

federalism principles set out in these

Executive Orders; would not impose

any compliance costs on the States; and

would not have substantial direct effects

on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government. Moreover,

these directives address transportation

and land management planning

processes on National Forests,

Grasslands or other units of the National

Forest System, which do not directly

affect the States. Based on comments

received on these directives, the agency

will consider if any additional

consultation will be needed with State

and local governments prior to adopting

final directives.

Consultation and Coordination With

Indian Tribal Governments

These Interim Directives do not have

Tribal implications as defined in

Executive Order 13175, Consultation

and Coordination with Indian Tribal

Governments, and, therefore, advance

consultation with Tribes is not required.

Environmental Impact

Section 31.1(b) of Forest Service

Handbook 1909.15 (57 FR 43180,

September 18, 1992) excludes from

documentation in an environmental

impact statement ‘‘rules, regulations, or

policies to establish service-wide

administrative procedures, program

processes, or instructions.’’ The Forest

Service’s assessment is that these new

Interim Directives to the Forest Service

Manual fall within this category of

exclusion. However, the Forest Service

elected to prepare an Environmental

Assessment (EA) in association with

development of the January 12, 2001,

administrative policy. In that EA (issued

January 2001), the Forest Service

examined the potential environmental

impacts associated with road policy in

effect prior to January 12, 2001, (the ‘‘no

action’’ alternative), the road

management strategy as originally

proposed in March 2000, and the final

road management strategy ultimately

adopted January 12, 2001. These

impacts arose, for the most part, from

the interim requirements associated

with inventoried roadless areas and

contiguous unroaded areas. They

included both potential adverse and

beneficial impacts to access and public

safety; fire, insect, and disease

management; timber harvesting and

mineral resource development;

recreational and non-recreational land

uses; fish and wildlife; wilderness

values; watershed and air; and social

and economic effects.

Overall, the Forest Service expected

that, under the final road management

strategy analyzed in the EA, more miles

of roads would be decommissioned and

reconstructed than under the ‘‘noaction’’ alternative, and fewer miles of

roads would be constructed than under

the ‘‘no-action’’ alternative. Under the

latest Interim Directives to FSM

Chapters 1920 and 7710, more miles of

roads could be constructed or

reconstructed in unroaded areas

contiguous to inventoried roadless areas

than expected under the final road

management strategy adopted in January

12, 2001, but there will still be less than

the miles of roads than would be

constructed or reconstructed under the

‘‘no action’’ alternative.

However, given the difficulty of

identifying contiguous unroaded areas,

the number of miles of road cannot be

quantified. As a consequence of using

the science-based roads analysis

process, implementation of the final

road management strategy as modified

by these Interim Directives would still

result in additional protection of

watersheds and air resources; wildlife;

fish; and threatened, endangered, and

sensitive species. It would also reduce

access to some forest resources and the

economic and social values associated

with those resources. Thus, the impacts

of these new Interim Directives would

fall between the impacts described in

the January EA for the ‘‘no-action’’

alternative and those described for the

final road management strategy.

Because the impacts would fall within

the impacts described in the January

Road Management Strategy EA, there is

no need to modify or reissue the EA

prior to issuing these Interim Directives.

A new Finding of No Significant Impact

(FONSI) has been prepared and is

available on the Internet at

www.fs.fed.us/news/roads, or by writing

to the Director of Engineering at the

address shown earlier in this notice.

Civil Justice Reform Act

The Interim Directives were reviewed

under Executive Order 12988, Civil

Justice Reform. The Interim Directives

direct the work of Forest Service

employees and are not intended to

preempt any State and local laws and

regulations that might be in conflict or

that would impede full implementation

of these Directives. The ID’s would not

retroactively affect existing permits,

contracts, or other instruments

authorizing the occupancy and use of

National Forest System lands and would

not require the institution of

administrative proceedings before

parties may file suit in court challenging

these provisions.

Controlling Paperwork Burdens on the

Public

The Interim Directive does not

contain any record keeping or reporting

requirements or other information

collection requirements as defined in 5

CFR part 1320 and, therefore, impose no

paperwork burden on the public.

Accordingly, the review provisions of

the Paperwork Reduction Act of 1995

(44 USC 3501, et seq.) and

implementing regulations at 5 CFR part

1320 do not apply.

Energy Effects

The effects on energy supply and

distribution resulting from these Interim

Directives were reviewed under

Executive Order 13211 of May 18. It was

determined that removing the

mandatory EIS requirement provisions

in FSM 7712.16 will expedite access to

oil and gas leases and other energy

related projects in a few cases.

Otherwise, no other effects were

identified. Because these Directives do

not significantly affect energy supply,

distribution, or use, a Statement of

Energy Effects is not required.

Additionally, these Interim Directives

are also consistent with the intent of the

Executive Order 13212 of May 18, 2001,

Actions to Expedite Energy Related

Projects.

Conclusion

Following the issuance of the road

management policy and the roadless

area conservation rule on January 12,

2001, the Department and the agency

have reviewed those documents to

determine if there are impediments to

implementation. ID No. 7710–2001–3

represents the culmination of the

agency’s internal reviews of these

practices. With this action, interim

requirements related to road

construction and reconstruction in

inventoried roadless areas are separated

from the roads analysis direction and,

65800 Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Notices

instead, revised and relocated to a new

section 1925 in FSM Chapter 1920—

Land and Resource Management

Planning. Additionally, ID No. 1920–

2001–1 reflects the decision to remove

‘‘contiguous unroaded areas’’ from the

scope of the interim requirements. In ID

No. 7710–2001–3, FSM 7710.13 is

revised to clarify the line officer’s

discretion and flexibility to determine

the scope and scale of roads analysis

needed to inform road management

decisions. The May 31 Interim Directive

also is incorporated into this new

Interim Directive.

These ID’s remove implementation

impediments associated with the road

management strategy and roadless area

conservation. As a consequence, the

agency can fulfill its commitment to

improve decisionmaking associated

with road construction, reconstruction,

and decommissioning and its

commitment to protect and conserve

roadless areas.

Normally, when the agency

determines that public notice and

opportunity to comment are necessary

on a Forest Service Manual revision, the

agency publishes a proposed revision

with a minimum 60-day comment

period. The agency then considers the

comments, makes any changes, drafts

and publishes a final Federal Register

notice explaining the final directive and

the rationale for any changes. At a

minimum, this process takes 6 months

and usually takes 9–12 months. Such a

delay in revising the road management

policy would perpetuate uncertainty

and confusion when undertaking

decisions that involve road management

activities. The agency could also incur

environmental analysis costs that would

be disproportionate to the potential

effects in inventoried roadless areas and

delay access to oil and gas leases, or

other mining operations.

Consequently, the agency has elected

to issue Interim Directives and to make

them immediately effective. An Interim

Directive expires 18 months from

issuance and may be reissued only once

for a total duration of 36 months.

Thereafter, the direction must be

incorporated into an amendment or

allowed to expire.

In the meantime, public comment is

invited and will be considered in

adopting a final policy. The agency will

consider all comments received in

determining a final policy. Respondents

should note that greater weight is given

to original substantive comments than

to post cards, forms, questionnaires, or

duplicated letters or messages. Only the

sections of FSM 7710 that are being

revised are set out at the end of this

notice along with the text of the roadless

area Interim Directive No. 1920–2001–1.

The full text of Chapter 7710 and 1920–

2001–1 is available on the World Wide

Web at http://www.fs.fed.us.directives.

Single paper copies are available upon

request from the address and phone

numbers listed earlier in this notice as

well as from the nearest National Forest

Office or Regional Office, the location of

which are also available on the

headquarters homepage on the World

Wide Web at http://www.fs.fed.us.

The agency recognizes that the

issuance of five Interim Directives on

roadless areas and road management

may be confusing to the public. Had the

agency been able to undertake and

complete the overview of the road

management policy before issuing the

roadless area Interim Directives, the

sequence of revision to agency policy

would have flowed in a more

understandable manner. However,

roadless litigation on the roadless area

conservation rule required the agency

and the Department to address roadless

areas first.

Charts are provided at the end of this

notice to assist readers in tracking the

various actions and modifications of the

roadless area rule and the road

management policy since January 12,

2001. The first chart is organized by

policy or rule; the second, by date, in

chronological order.

Comments received in response to

Federal Register notices of earlier

Interim Directives (ID No. 7700–2001–1,

ID No. 7700–2001–2, 2400–2001–3) will

be considered along with comments

received on the Interim Directives that

are the subject of this notice.

Dated: October 9, 2001.

Sally D. Collins,

Associate Chief.

Revisions to Forest Service Road

Management Directives

Note: The Forest Service organizes its

directive system by alphanumeric codes and

subject headings. Only those sections of the

Forest Service Manual that are the subject of

this notice are set forth here. Those who wish

to see the entire document in which the

changes are being incorporated may do so at

www.fs.fed.us/news/roads. In the directives

that follow, Forest Service employees

charged with decisionmaking responsibilities

concerning the National Forest

Transportation System are referred to as

Responsible Officials and are the intended

audience of these administrative directives.

FSM TITLE 7700—TRANSPORTATION

SYSTEM

Chapter 7710—Transportation Atlas,

Records, and Analysis

Interim Directive No. 7710–2001–3.

Effective Date: December 14, 2001.

Duration: 18 months from effective

date.

Approved: SALLY D. COLLINS,

Associate Chief.

7710.42 Regional Forester

It is the responsibility of the Regional

Forester to:

1. Ensure that roads analysis is a

component of sub-basin, multi-Forest,

and sub-regional scale assessments.

2. Develop multi-year regional

schedules of proposed transportation

facility projects (FSM 1920).

3. Establish policy for traffic

surveillance and classification to be

used in transportation analysis (FSM

7731.5).

4. Coordinate State and Federal

transportation involvement in land and

resource management planning to

ensure that their plans are included in

land management policy development

and that their policy development has

the benefit of Forest plans.

5. To determine, on a case-by-case

basis, whether or not to approve a Forest

Supervisor request for additional time to

complete a forest-scale roads analysis.

6. Oversee and evaluate the use of

roads analysis process within the

Region (FSM 7712.1).

* * * * *

7712.13 Scope and Scale of Roads

Analysis

There are multiple scales at which

roads analysis may be conducted to

inform road management decisions.

Generally, road management decisions

should be informed by roads analysis at

a broad scale. Accordingly, all units of

the National Forest System must

conduct a forest-scale roads analysis

(FSM 7712.13b and FSM 7712.15).

The Responsible Official has the

discretion and duty to determine

whether or not a roads analysis below

the forest-scale is needed and the degree

of detail that is appropriate and

practicable. Guidance on selecting the

appropriate scale and those proposed

actions which may trigger a need for a

roads analysis is set forth in FSM

7712.13, paragraphs a–c.

* * * * *

7712.13c Roads Analysis at the Watershed

and Project Scale

Roads analysis at the forest-scale will

generally provide the context for

informing road management decisions

and activities at the watershed, area,

and project level. Where a forest-scale

roads analysis has been conducted, the

Responsible Official must consider the

decision(s) to be made and determine

how to apply the results of the forestscale roads analysis to best inform

Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Notices 65801

management decisions. However, it is

generally expected that road inventories

and road condition assessments as

identified in FSM 7712.14 would be

completed at the watershed or project

scale, not the forest-scale.

When higher scale analyses are not

available to inform a project decision,

the Responsible Official must consider

the decisions to be made (FSM 7712.13)

and the potential environmental and

access effects and determine whether or

not additional analysis is needed at the

watershed or project scale. Roads

analysis below the forest-scale is not

automatically required, but may be

undertaken at the discretion of the

Responsible Official. When the

Responsible Official determines that

additional analysis is not needed for a

project, the Responsible Official must

document the basis for that conclusion.

Examples where roads analysis may not

be necessary include: temporary roads

for short-term access; or a minor

extension of a campground road.

When proposed road management

activities (road construction,

reconstruction, and decommissioning)

would result in changes in access, such

as changes in current use, traffic

patterns, and road standards, or where

there may be adverse effects on soil and

water resources, ecological processes, or

biological communities, those decisions

must be informed by roads analysis

(FSM 7712.1). Site-specific projects may

be informed by a watershed roads

analysis, if the Responsible Official

determines that the scope and scale of

issues under consideration warrants

such use. FSM 7712.13, exhibit 01,

provides a snapshot of the scope and

scale of roads analysis and its

integration into planning and

decisionmaking.

When needed, the outcomes of roads

analysis at the watershed and area-scale

would result, at a minimum, in the

following:

1. Identification of needed and

unneeded roads.

2. Identification of road associated

environmental and public safety risks.

3. Identification of site-specific

priorities and opportunities for road

improvements and decommissioning.

4. Identification of areas of special

sensitivity, unique resource values, or

both.

5. Any other specific information that

may be needed to support project-level

decisions.

* * * * *

7712.15 Deadlines for Completing Roads

Analyses

1. Analysis Needed to Inform Road

Management Decisions. Section 7712.13

identifies proposed road management

decisions other than forest plan

revisions or amendments that require

roads analysis and provides guidance on

the scope and scale of various levels of

analysis that might inform those

decisions. The following deadlines

govern the application of roads analysis

to the proposed road management

decisions identified in sections 7712.13

through 7712.13c:

a. Decisions made before January 12,

2002, do not require a roads analysis.

b. Decisions made after January 12,

2002, must be informed by a roads

analysis, except as provided in FSM

7712.13c.

2. Forest-Scale Roads Analyses. Every

National Forest System administrative

unit must have a forest-scale roads

analysis completed by January 13, 2003,

except as follows:

a. Those units that will complete a

forest plan revision or amendment by

January 12, 2002, do not need to

complete a forest-scale roads analysis

(FSM 7712.1) prior to adopting the plan

revision or amendment. However, these

units are still required to complete a

forest-scale roads analysis by January

13, 2003.

b. Those units that have begun

revision or amendment of their forest

plans but will not adopt a final revision

or final amendment by January 12, 2002,

must complete a roads analysis prior to

adoption of the final plan revision or

amendment.

c. Where additional time is needed for

completion of forest-scale roads

analysis, a Forest Supervisor may

request approval from the Regional

Forester for an extension. In making

such a request, the Forest Supervisor

must provide a statement of the

reason(s) the extension is needed.

Inventoried Roadless Areas

FSM TITLE 1900—PLANNING

Chapter 1920—Land and Resource

Management Planning

Interim Directive No. 1920–2001–1.

Effective Date: December 14, 2001.

Duration: 18 months from effective

date.

Approved: SALLY D. COLLINS,

Associate Chief.

FSM 1925—Management of Inventoried

Roadless Areas

1925.03 Policy

Inventoried roadless areas contain

important environmental values that

warrant protection. Accordingly, until a

forest-scale roads analysis (FSM

7712.13b) is completed and

incorporated into a forest plan,

inventoried roadless areas shall, as a

general rule, be managed to preserve

their roadless characteristics. However,

where a line officer determines that an

exception may be warranted, the

decision to approve a road management

activity or timber harvest in these areas

is reserved to the Chief or the Regional

Forester as provided in FSM 1925.04a

and 1925.04b.

1925.04 Responsibility

1925.04a Chief

The Chief reserves the following:

1. The authority to approve or

disapprove road construction or

reconstruction in inventoried roadless

areas (FSM 1925.05) except those

decisions delegated to the Regional

Foresters at FSM 1925.04b, paragraph 1.

This reservation remains in effect

until a forest-scale roads analysis is

completed and incorporated into each

forest plan (FSM 7712.13b). When an

inventoried roadless area road

construction, road reconstruction, or

timber harvest decision falls under the

Chief’s authority, the Chief, for purposes

of administrative efficiency and

timeliness, may designate, on a case-bycase basis by official memorandum, the

Associate Chief, a Deputy Chief, or an

Associate Deputy Chief to serve as the

Responsible Official.

2. The authority to approve or

disapprove proposed timber harvest in

inventoried roadless areas, except for

the following:

a. The timber is generally smalldiameter material and the removal of

timber is needed for one of the

following purposes:

(1) To improve habitat for listed or

proposed threatened and endangered

species, or for sensitive species (FSM

2670), or

(2) To maintain or restore the

desirable characteristics of ecosystem

composition and structure, for example,

to reduce the risk of uncharacteristic

wildfire effects.

b. The cutting, sale, or removal of

timber is incidental to the

implementation of a management

activity and not otherwise prohibited

under the land and resource

management plan.

c. The cutting, sale, or removal of

timber is needed and appropriate for

personal or administrative use as

provided for in part 223 of Title 36 of

the Code of Federal Regulations (36 CFR

Part 223).

d. The harvest is in a portion of an

inventoried roadless area where

construction of a classified road and

subsequent timber harvest have

previously taken place, and the roadless

area characteristics have been

substantially altered by those activities.

65802 Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Notices

This reservation applies until revision

of a land and resource management plan

or adoption of a plan amendment that

has considered the protection and

management of inventoried roadless

areas (FSM 1923). If a Record of

Decision for a Forest Plan revision has

been issued as of July 27, 2001, the

requirement for the Chief’s review does

not apply. By official memorandum, the

Chief may designate, on a case-by-case

basis, the Associate Chief, a Deputy

Chief, or an Associate Deputy Chief to

serve as the Responsible Official.

The delegation of authority to approve

or disapprove the timber harvest

projects described in preceding

paragraphs a through d; remain

unchanged by this Interim Directive

(FSM 2404.2).

1925.04b Regional Forester

It is the responsibility of the Regional

Forester to:

1. Serve as the Responsible Official

for any of the following decisions on a

road construction or reconstruction

project in an inventoried roadless area:

a. A road is needed to protect public

health and safety in cases of an

imminent threat of flood, fire, or other

catastrophic event, that without

intervention would cause the loss of life

or property.

b. A road is needed to conduct a

response action under the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) or to conduct a natural

restoration action under CERCLA,

section 311 of the Clean Water Act, or

Oil Pollution Act.

c. Road construction is needed in

conjunction with the continuation,

extension, or renewal of a mineral lease

on lands that are under lease by the

Secretary of the Interior as of January

12, 2001.

d. Road access is needed pursuant to

reserved or outstanding rights or as

provided by statute or treaty.

e. A road is needed for critical

resource restoration and protection.

f. Road realignment is needed to

prevent resource damage by an existing

road that is deemed essential for public

or private access, management, or

public health or safety, and where such

damage cannot be corrected by

maintenance.

g. A road is needed to restore wildlife

habitat.

2. Review and determine whether to

recommend to the Chief a decision for

any road construction or reconstruction

project in an inventoried roadless area

within the Chief’s decision authority

(sec. 1925.04a, para. 1).

3. For road construction,

reconstruction, and timber management

projects in inventoried roadless areas

where it has been determined that an

environmental impact statement EIS is

required, review and agree to the

purpose and need statements for the

notice of intent to prepare an (EIS).

4. Review and determine whether to

recommend to the Chief a decision for

any timber harvest project in

inventoried roadless areas within the

Chief’s decision authority (sec.

1925.04a, para. 2).

1925.05 Definitions

Inventoried Roadless Areas. Those

areas identified in a set of inventoried

roadless area maps, contained in Forest

Service Roadless Area Conservation,

Final Environmental Impact Statement,

Volume 2, dated November 2000, which

are held at the National headquarters of

the Forest Service, or any update,

correction, or revision of those maps.

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65804 Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Notices

[FR Doc. 01–31276 Filed 12–19–01; 8:45 am]

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