Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices 3219

DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596–AB67

Forest Transportation System

AGENCY: Forest Service, USDA.

ACTION: Notice of final administrative

policy.

SUMMARY: In conjunction with the final

rule published elsewhere in this part of

today’s Federal Register, the Forest

Service is adopting a final policy

governing the national forest

transportation system. This action is

necessary to ensure that National Forest

System roads provide for public uses of

National Forest System lands; provide

for safe public access and travel; allow

for economical and efficient

management; to the extent practicable,

begin to reverse adverse ecological

impacts associated with roads; and meet

all other current and future land and

resource management objectives. The

intended effects of this final policy are

to ensure that decisions to construct,

reconstruct, or decommission roads will

be better informed by using a sciencebased roads analysis; that the

availability of road maintenance

funding will be considered when

assessing the need for new road

construction; and that, instead of

focusing on constructing new roads,

emphasis will be given to reconstructing

and maintaining classified roads while

decommissioning unnecessary classified

and unclassified roads. The direction is

being issued as amendments to Forest

Service Manual Title 7700—

Engineering, in Chapter 7700—Zero

Code and in Chapter 7710—

Transportation Atlas, Records, and

Analysis.

EFFECTIVE DATE: The directives are

effective January 12, 2001.

FOR FURTHER INFORMATION CONTACT:

Mike Ash, Deputy Director, Engineering

Staff, Forest Service, 202–205–1400.

SUPPLEMENTARY INFORMATION: The

following outline displays the contents

of the Supplementary Information

section of this policy document.

Background

Analysis and Response to Public Comments

Response to General Comments

Road management rule and policy

Adequacy of public involvement on the road

management rule and policy

Public and technical review

The roads analysis process

Accountability for managing forest

transportation facilities

Validity of the data used to indicate the need

to revise the policy

Demand for and supply of roads

Effectiveness of road restrictions and closures

Social and economic considerations

Motorized access

Effects of roads policy on the environment

Creation/expansion of roadless or unroaded

areas

Recognition of improved road construction

and maintenance techniques

Response to Specific Comments

Amendments to Forest Service Manual

Chapter 1920—Land and Resource

Management Planning

Proposed Section 1920.5—Definitions

Proposed Section 1922.15—Resource

Integration Requirements, paragraph 20

Proposed Section 1922.15—Resource

Integration Requirements, paragraph 28

Amendments to Forest Service Manual Title

7700—Forest Transportation System

Proposed FSM Title 7700—Chapter Zero

Code

Proposed Section 7701.1—Coordination

with Forest Planning

Proposed Section 7701.2—Revegetation

Proposed Section 7701.3—Transportation

System Management

Proposed Section 7702—Objectives

Proposed Section 7703—Policy

Proposed Section 7703.1—Road

Management

Proposed Section 7705—Definitions

Proposed Section 7709—Handbooks

Proposed Chapter 7710—Transportation

Atlas, Records, and Analysis

Chapter title

Forest Road Atlas

Forest Transportation Atlas and records

Transportation analysis

The roads analysis process

Responsibilities for agency Responsible

Officials

Roads analysis transition procedures

Specific comments on the regulatory

certifications of proposed policy

Cost-benefit analysis

Civil Justice Reform Act

No Takings Implications and Civil Justice

Reform Act

Regulatory Certifications

Regulatory Impact

Unfunded Mandates Reform

Environmental Impact

Civil Justice Reform Act

Controlling Paperwork Burdens on the Public

Conclusion

Background

On March 3, 2000, the Forest Service

published in Part III of the Federal

Register (65 FR 11676–11693) a

proposed rule and proposed

administrative policy, which together

were designed to improve the

management of National Forest System

roads. Under the proposed rule, the

rules governing transportation planning

and management (36 CFR Part 212)

would have been modified as follows:

1. A transportation atlas would be

required for each National Forest

System administrative unit to display

the system of roads, trails, and airfields

needed for public access and agency

resource management.

2. The word ‘‘development’’ would be

removed from the description of roads

and trails under Forest Service

jurisdiction, to signal the shift away

from developing new roads to better

managing existing roads and access.

3. A science-based analysis process

would be required to identify the

transportation facilities.

4. As part of road system management

planning, agency officials would be

required to identify the minimum road

system that is commensurate with

resource objectives, reflects likely

funding, and, to the extent practicable,

minimizes adverse environmental

effects associated with road

construction, reconstruction, and

maintenance.

5. Equally important was the

proposed rule’s requirement to identify

unneeded roads that should be

decommissioned and to give priority to

decommissioning those roads that pose

the greatest risk to public safety or

environmental quality.

Simultaneously with the proposed

rule, the agency published a proposed

administrative policy (65 FR 11684).

That policy proposed to integrate the

process for determining transportation

needs into the forest land and resource

management planning process (Forest

3220 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices

Service Manual Chapter 1920). The

other changes would be issued as

amendments to Forest Service Manual

Title 7700, entitled ‘‘Forest

Transportation System,’’ specifically to

the Chapter Zero Code, and Chapter

7710, which would be renamed

‘‘Transportation Atlas, Records, and

Analysis.’’

The focus of the proposed revisions to

agency administrative directives was to

provide National Forest System road

access in a manner that can be

efficiently managed within the

capabilities of the land. Coordination of

transportation analysis and planning

with State, county, local, Tribal, and

other Federal agency officials was an

important component of the proposed

policy. Another key feature was that the

policy prescribes interim requirements

for new road construction in sensitive

unroaded and roadless areas until the

findings of a comprehensive forestscale, science-based analysis of the road

system is incorporated into forest plans.

Analysis and Response to Public

Comments

Public comment on the proposed

policy and rule was invited for a 60-day

period ending May 2, 2000, and was

extended an additional 15 days to May

17, 2000 (65 FR 24910). The Forest

Service received approximately 5,900

responses, consisting of letters from

individuals, postcards, form letters,

petitions, e-mail messages, and

resolutions. The geographic distribution

of responses received was as follows:

Western States—2,105; Mountain

States—1,607; Central (Midwestern)

States—733; Southeastern States—279;

Northeastern States—541; and

Unknown—581. Of the nearly 5900 total

responses, 5505 were received from

individuals. Groups and organizations

representing forest resource users

(grazing, timber, oil/gas/mining, and

recreation) accounted for 134 responses

and conservation and preservation

groups submitted another 97.

Government agencies and elected

officials accounted for 98 responses and

are divided between: Tribal (6), Federal

(16), State (28), county (37), and local

(11). There were an additional 34

responses received from groups or

organizations that do not fit into one of

the previous categories.

Comments on the proposed

administrative policy focused on both

broad topics reflecting the reviewers’

forest management philosophies and

environmental values as well as on

specific provisions of the policy. Issues

raised included such topics as: use of

science-based analysis, public

involvement, definitions, local

decisions, social and economic impacts,

and physical and biotic environmental

effects of access. Summaries of the

significant general comments received

and the agency responses follow.

Response to General Comments

Use of Public Comments on the

Proposed Rule and Policy

Several respondents wanted to know

how public comments would be used to

develop the final rule and policy. Others

asked specifically whether the agency

would use public input when finalizing

the rule and administrative policy.

Agency response: Each letter was

read; coded by subject, content, and

demographics; and entered into a

database. Comments were then

compiled in the database by subject and

content and summarized as ‘‘public

concerns.’’

These ‘‘public concerns’’ were

reviewed and grouped into the

following categories: purpose and need,

processes, relationships, planning and

implementation, forest management,

social and economic considerations, and

environmental effects. The concerns

were then analyzed to identify whether

they pertained to the proposed rule,

proposed policy, and/or the

environmental assessment. The

comprehensive list of comments was

further reviewed to ensure that all

concerns were considered. Changes

made in the policy are based primarily

on the comments received in response

to the proposals. While the agency does

not necessarily agree with all the

comments, it did carefully consider

whether changes were needed and

arrived at a rationale for its responses.

The Supplementary Information section

of this final policy summarizes

comments and sets out the agency’s

response, including whether or not and

how the policy has been revised. Also,

Appendix G of the environmental

assessment addresses comments

received specific to the environmental

assessment.

The Adequacy of Public Involvement on

the Proposed Road Rule and Policy

Some respondents thought the agency

should have conducted more public

involvement with local residents and

groups, provided better public access to

information, and conducted more

outreach to rural populations. Others

requested more time to respond or even

asked that the final decision be delayed

to permit additional public

involvement.

Agency response: The final rule and

administrative policy incorporate the

results of extensive public involvement

both before and after publication of the

proposals. The agency used a variety of

methods to make information available

to the public, including public

meetings, news releases, public

mailings, and internet websites. Public

involvement efforts began in January

1998 with the announcement of the

intent to revise regulations concerning

the management of the National Forest

Transportation System. Over 80,000

letters, postcards, and e-mail messages

were received in response to the January

1998 announcement. These public

comments were used to assist the

agency in the development of the

proposed rulemaking and the proposed

administrative policy published in the

Federal Register (65 FR 11684) on

March 3, 2000. As previously noted, the

initial 60-day public comment period

was extended for an additional 15 days

at the request of potential respondents

(65 FR 24910). Therefore, the agency

does not believe additional public

outreach or involvement is necessary.

Consistency and Technical Quality of

Roads Analyses

Some respondents expressed concern

that Forest Service roads analyses

would vary in quality and rigor and

would lack credibility, unless reviewed

by outside scientists and other

interested individuals or entities. These

respondents felt that the findings of

roads analyses would always be

questioned and lack credibility because

the process provided the line officer

considerable discretion in affecting the

outcome. These respondents proposed

that the Forest Service form technical

review teams composed of a roads

interdisciplinary team, a roads analysis

support team, external partners, and

non-agency scientists to review the

roads analysis for scientific consistency

and quality and thus ensure that sound

science is being applied. Others wanted

to know if the results of the roads

analyses would be available for public

review.

Agency response: The roads analysis

process is designed to provide

decisionmakers a sound, science-based

procedure for analyzing road

management issues and concerns and

for identifying road management

opportunities. The process is

intentionally designed with enough

discretion to allow for adjustments in

the scope and intensity of the analysis

for addressing individual resource

situations and varying issues. The

agency’s emphasis is not on whether all

road analyses pass the same ‘‘quality or

scientific rigor test,’’ but rather that the

analyses effectively identify and address

relevant road issues and concerns

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices 3221

specific to the area being analyzed. An

interdisciplinary team, composed of

appropriate subject matter specialists,

will conduct each roads analysis. In

addition, participation by interested

individuals, groups, and governments in

the analysis process is not only

encouraged but also will be a critical

component of the success of the

analysis. The findings of the roads

analysis will be integrated into other

ecological assessments either at the

watershed scale, area, or higher scale.

Road-related issues, concerns,

opportunities, and needs generated as a

result of the roads analysis will be

disclosed and, when appropriate,

analyzed in an appropriate National

Environmental Policy Act (NEPA)

decision process.

Roads Analysis Process

Some reviewers said that the roads

analysis process would result in

duplicative work as well as yield

inconsistent results.

Agency response: The roads analysis

process integrates ecological, social, and

economic factors in addressing current

and future road needs. The roads

analysis process provides a systematic,

multiple-scale, agency-wide approach to

ensure that important road issues are

examined at the appropriate scale. The

process is not intended to be applied in

a rigid fashion; in fact, given the

diversity of the landscape, resource

conditions, and the social and economic

conditions, rigid application of a roads

analysis process would surely fail;

rather, the process is intended to be

tailored to fit real-life local situations

and analysis needs. Therefore, the

results of an analysis for one situation

is not expected to be identical to an

analysis for a different situation. The

process also should not be duplicative

of other data or work. To the extent

possible, existing data are used in the

process but, depending on the scope of

the issues and concerns, additional

information may be collected.

Accountability for Managing Forest

Transportation Facilities

Many reviewers expressed resentment

about how the Forest Service is making

access management decisions. These

respondents claimed that the public is

being stripped of the right of access to

National Forests and Grasslands due to

the Forest Service’s inability to properly

maintain the road system. At least one

respondent said that the Forest Service

should develop guidelines to assist local

districts in the implementation of the

final policy. Several writers, while in

full support of the transportation policy,

did not believe it would be

implemented effectively or completely.

These respondents suggested that a

quota system be initiated that would

require a net reduction in total road

mileage, schedule road

decommissioning, prohibit new road

construction, set road density limits,

and designate all lands closed to

motorized use unless specifically

designated open.

Agency response: The agency believes

the final Forest Service Manual

revisions provide clear guidance to field

units. Forest Service Manual Chapter

7710 establishes objectives and

responsibilities for analyzing

transportation needs and issues. It also

provides for significant public

involvement for identification of

opportunities and concerns, all of which

strengthen the agency’s and the public’s

ability to hold Responsible Officials

accountable for implementation. The

direction in the Forest Service Manual

is the foundation for internal reviews of

policy and program implementation by

field units. Therefore, the mechanisms

to provide oversight and ensure

compliance are already in place. The

agency does not agree that a general

prohibition on new road construction or

that a quota system for road

decommissioning is appropriate. Local,

forest-level access and resource

management needs, identified within a

forest planning framework, should

direct road management network

decisions. As opposed to specific

prohibitions on road construction in

inventoried roadless areas, which are

under consideration, a general, agencywide ban on any new roads in the

National Forest System is excessive and

unduly rigid.

Validity of Agency Statements About

the Need To Revise the Policy

Some respondents expressed concern

about the validity of the data used to

determine the need to revise the

transportation policy. Specifically, these

respondents challenged the basis for the

statements related to demand and use of

National Forest System lands, and the

assumption that roads have caused

environmental damage. Others

challenged the degree to which roads

are needed for ongoing management of

National Forest System land, such as for

forest health, fire management, or

resource uses.

Agency response: The information

and data used to identify the need to

revise this administrative policy were

collected from several sources. Forest

Service researchers and resource

specialists reviewed scientific literature

to identify the latest research involving

the environmental, social, and economic

effects of existing roads and road

construction, reconstruction,

decommissioning, and maintenance.

This literature review helped identify

the latest recreational demand and

supply trends and attitudes about roads

on National Forest System lands.

Analytical tools for assessing roadrelated effects on physical and

biological resources were also explored.

These efforts, in conjunction with other

known information (including roadrelated resource problems, budget

limitations and trends, and associated

maintenance backlogs) all indicated that

the agency needed to change how it

manages the transportation system. It

should be noted that respondents

challenging data and assumptions

provided no data or data sources to

support their assertions.

The Demand for and Supply of Roads

Many respondents were concerned

with the juxtaposition of the agency’s

projected increase in public demand for

roaded and unroaded recreational use

on National Forest System lands with

the projection of fewer open road miles

to accommodate that demand. Some

questioned whether the agency was

intentionally reducing the supply of

roads to reduce demand. Others were

concerned with potential adverse

environmental effects of confining more

users to a smaller available land base

and urged that the agency preserve

access options in order to provide a

variety of travel-ways on National Forest

System lands and to diffuse access

impacts over a broader land base.

Agency response: The National Forest

Transportation System is vitally

important to the management of

National Forest System lands and is

essential to many rural communities

and land owners as well as to

recreationists and other resource users.

The agency seeks to find a balance

between the need for public and

administrative access to these lands and

the environmental costs and benefits

associated with providing that access to

these lands. The final policy retains the

requirement to use a roads analysis

process in conjunction with ecosystem

assessments that support project

activities or forest planning. The roads

analysis process encourages the active

engagement of local citizens, interested

organizations, and other Federal, State,

Tribal and local governments to identify

and assess both short- and long-term

road needs. This collaborative effort will

help to ensure that important

environmental issues and concerns, as

well as road supply issues and

concerns, are addressed in a reasonably

balanced way. An emphasis on

3222 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices

maintaining the existing road system

will better enable the Forest Service to

focus its resources on maintaining and

reconstructing those roads most

important to the public.

The Effectiveness of Road Restrictions

and Closures

In response to the proposal to

‘‘aggressively’’ decommission roads,

many respondents believe that a lack of

enforcement of previous road decisions

is a major factor behind the agency’s

inability to effectively manage its

current road system. Many others noted

that by closing access to more areas,

fewer members of the public would use

National Forest System lands. Others

stated that, despite the potential for

increased fines, many forest users

would ignore road closures due to lack

of enforcement of those closure orders.

Others indicated that the law-abiding

majority of forest users are ‘‘bearing the

punishment’’ of road closures, when

roads are closed to deter the reckless,

illegal behavior of a few.

Agency response: The roads analysis

process adopted for use in the final

policy is designed to help forest officials

better address issues associated with

road and access management.

Conducting the process with local

public and governmental involvement

should help officials more clearly define

road issues, including restriction or

closure alternatives, how the restrictions

would be implemented, and the relative

effectiveness of road restrictions,

closures, and decommissioning.

Motorized Access

Motorized recreationists felt that they

were being singled out and forced to

bear the majority of the access

restrictions on public lands, when their

impacts are relatively small compared

with other activities. They stated that

the analysis should consider the full

breadth of motorized and non-motorized

recreational needs.

Agency response: Motorized and nonmotorized allocation issues, needs, and

concerns are appropriately addressed at

the local level during the forest or

project planning process. The roads

analysis process, which is intended to

be an open process involving all who

are interested in, or affected by, road

decisions will be used to inform forest

planning road management decisions.

Environmental Effects of Roads Policy

Many respondents wanted the Forest

Service to analyze the effects of roads

and road management actions on the

environment, including on watersheds,

riparian areas, fisheries, soils, wildlife,

recreational opportunities, and

threatened and endangered species.

Some reviewers indicated that more

environmental damage might be caused

by decommissioning roads than by

leaving them alone.

Agency response: Roads analysis

allows objective evaluation of the

physical and biotic environmental

effects, as well as of the social and

economic effects, of potential road

construction, reconstruction,

decommissioning, and maintenance

actions. The roads analysis process

incorporates early identification of

potential effects in the site-specific,

project-level, decisionmaking and forest

planning processes. Therefore, it will

help planners recognize those situations

where the adverse effects (costs) would

outweigh the benefit. This analysis

process allows the agency to identify

potential issues and opportunities and

the options for addressing them.

The Creation/Expansion of Roadless or

Unroaded Areas

Many reviewers concluded that road

decommissioning could lead to the

creation or expansion of inventoried

roadless or unroaded areas. These

reviewers felt that future entry into

these areas could be precluded and that

the area could then be considered

roadless or unroaded depending on the

size of the area and proximity to

existing roadless or unroaded areas.

These respondents said that in cases

where roads pose an environmental risk

because of location or initial

construction standards, the risks might

force road closures. They said that

relocation of the road might be

impossible because of newly created

unroaded areas.

Agency response: Decommissioning

roads may result in an increase in the

amount of land that is unroaded.

Decommissioning does not, however,

change the underlying allocation or

assigned use for that land. Currently

approved activities in areas where roads

are decommissioned would continue

until, and unless, forest plan direction

is amended to preclude these activities.

Environmentally damaging roads may

be relocated if such an action was

consistent with the current forest plan

direction. It is possible that some

unroaded lands could, at some point, be

designated Wilderness areas by

Congress, but such a designation is not

a foregone conclusion. The majority of

decisions related to areas that have

decommissioned roads would be made

at the local forest planning level and,

therefore, conflicting viewpoints would

be addressed.

Recognition of Improved Road

Construction and Maintenance

Techniques

Some respondents said the Forest

Service should acknowledge that

improved techniques for road layout,

design, construction, and maintenance

have been used on national forests in

recent years and that these improved

techniques have resulted in fewer roadrelated environmental impacts.

Agency response: The agency agrees

that road construction techniques used

today result in fewer and less intensive

adverse environmental impacts than did

earlier construction techniques.

However, this new technology does not

address the problem that the national

forests contain over 380,000 miles of

classified roads, one-quarter to twothirds of which are more than 25 years

old. It is highly likely that many of these

existing roads do not meet current

standards for safety or environmental

protection. It is critical, therefore, that

the agency focus its resources more on

maintenance and reconstruction of

needed roads and less on new

construction.

Specific Comments

In addition to the preceding general

comments, the agency received specific

substantive comments by code and

caption of the proposed policy.

Summaries of those comments and the

agency’s responses follow. The

discussion of comments and agency

responses is organized according to the

coding of the proposed policy.

Amendments to FSM Chapter 1920—

Land and Resource Management

Planning

This chapter of the Forest Service

Manual provides definitions and

implementing policy for National Forest

System lands and resource management

planning processes. Implementation of

the road management strategy as

described in this final administrative

policy will occur chiefly through forest

plan amendment or revision. Therefore,

direction is needed on how forest

planning teams integrate consideration

of the forest transportation system into

the planning process.

Proposed Section 1920.5—Definitions

The terms ‘‘unroaded areas’’ and

‘‘inventoried roadless areas’’ were

proposed to be added. The terms were

essentially the same as used in the

agency’s proposed forest planning rule

(64 FR 54073). No comments were

received on the definition section of the

proposed policy. However, the agency

has revised both definitions to be

identical to the definitions used in both

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices 3223

the Land and Resource Management

Planning and Roadless Area

Conservation Final Rules.

Proposed Section 1922.15—Resource

Integration Requirements

The proposed policy added a new

paragraph 20 for planners to identify the

access requirements and travel

management options available to meet

resource management objectives for

each management area prescription

within the forest plan and to identify

road management opportunities to be

considered. No comments were received

on this paragraph; therefore, this

paragraph is adopted without change.

Proposed paragraph 28 required that

management prescriptions protect

values associated with unroaded

conditions. Examples of those values

included such actions as providing

barriers to invasive species and ensuring

biological diversity. No comments were

received on this paragraph; however,

the agency has dropped this paragraph

from the final policy in deference to the

final Land and Resources Management

Planning Final Rule, which addresses

protection of roadless values.

Amendments to Forest Service Manual

Title 7700—Forest Transportation

System

Proposed FSM Title 7700—Chapter Zero

Code

This chapter of the Forest Service

Manual establishes the overarching,

broad authorities, objectives, policy,

responsibilities, and definitions for

planning, operating, maintaining, and

decommissioning forest transportation

system facilities. Throughout this

chapter, references to ‘‘development’’

were proposed to be removed to reflect

a shift in administrative policy from

‘‘road development’’ to ‘‘managing

access within the capability of the

land.’’

Comment: Several respondents

objected to the removal of the word

‘‘development’’ from the rule and

administrative policy, claiming that the

removal was an agency tactic to deceive

the public merely by using new terms.

Others agreed that the change was in

alignment with the proposed change in

management emphasis.

Agency response: Removing the word

‘‘development’’ to reflect a shift in

policy from ‘‘road development’’ to

‘‘managing access within the capability

of the land’’ is a fundamental element

of this administrative policy and the

accompanying final rule. There is no

attempt to deceive the public. To the

contrary, we are displaying our

intention publicly and subjecting it to

comment. Therefore, no change has

been made in the final policy, except to

add a reference to the Manual section

guiding road analysis

Proposed Section 7701–7701.3—

Coordination With Forest Planning

This section cites the legal authorities

that apply to Transportation Planning

Management. No comments were

received on section 7701.1 and no

changes have been made to this section

of the final policy.

Proposed Section 7701.2—Revegetation

This section addresses statutory

requirements for revegetating nonpermanent roads when activities are

completed. In the draft policy, the

agency used the term ‘‘prescribes the

revegetation of unnecessary roads.’’

Comment: Several respondents noted

that the Forest and Rangeland

Renewable Resources Planning Act

section 10(b) requires ‘‘revegetation’’ of

‘‘non-permanent’’ roads.

Agency response: The agency agrees

with the comment. To more accurately

reflect the intent of the law, the final

policy is revised to read ‘‘The Forest

and Rangeland Renewable Resources

Planning Act directs that roads be

designed to standards appropriate for

intended uses and requires the

revegetation of roads within 10 years of

the termination of temporary and

undeveloped roads created under

contract, permit, or lease.’’

Proposed Section 7701.3—

Transportation System Management

This section identifies the statutory

and regulatory authorities for

transportation system management. The

second authority cited in this section is

the Highway Safety Act of 1966.

Comment: Respondents wanted the

word ‘‘directs’’ changed to ‘‘authorizes’’

in paragraph 2 of this section. They

indicated that the Highway Safety Act

authorizes, instead of directs, federal

agencies to do certain activities.

Agency response: The agency agrees

that the use of the word ‘‘directs’’ was

inaccurate and has revised the text of

the final policy to this effect.

Proposed Section 7702—Objectives

This section identifies the

management results to be achieved

through transportation system

management. The proposed policy

sought to refine the management

objectives to emphasize environmental

protection and to consider ecosystem

values in forest transportation system

management.

Comment: Some respondents stated

the objectives were too narrow and

should include specific resources or

uses to be served by the transportation

system (timber, utility corridors,

developed and dispersed recreation,

cross-country ski corridors, wildlife

corridors, etc.). Other comments

indicated the need to clarify text or

reorder the list of objectives.

Agency response: The agency

disagrees with the need to list specific

resources or uses. However, consistency

with Forest Plans has been added to

better reflect the agency’s intent to

consider all pertinent uses and

resources in the planning process. The

coding hierarchy and content standards

applicable to FSM Title 7700 is

intended to list the basic transportation

management outcomes. The order of the

objectives was not changed in the final

policy because, taken together, they

accurately represent agency objectives.

Proposed Section 7703—Policy

This section sets forth the broad

policies that are intended to guide

decisions about road activities. These

policies overlay all of the subsequent

directives in Title 7700, not just Chapter

7710, which is being revised. Section

7703 implements the requirements of 36

CFR 212.5(b)(1) by specifying that the

minimum transportation system is the

system that best serves current and

anticipated land and resource

management objectives and public uses

considering current and future funding

levels.

Comment: Many respondents were

deeply concerned about the proposed

policy direction to ‘‘provide the

minimum forest transportation system.’’

They questioned the ability of the

agency to effectively manage forest

resources long-term while reducing road

access. Others objected to a reduction in

roads that are open to public use,

predicting an adverse effect on public

access and recreational use on National

Forest System lands. Some respondents

emphasized the need for coordination

and requested that addition to the

policy.

Agency response: By ‘‘minimum

system,’’ the agency did not mean no

new roads or other new transportation

facilities or that a majority of roads

would be decommissioned or converted

to other uses. Rather, the agency intends

the minimum system of roads is one

that meets needed access needs while

protecting healthy ecosystems.

Furthermore, the text defines

‘‘minimum transportation’’ as the

system needed to best serve (emphasis

added) current and anticipated

management objectives and public uses

as identified in forest plans. Any

amendment or revision of forest plans

3224 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices

will involve NEPA compliance and full

public involvement. Therefore, in

response to concerns about

coordination, the agency has retained

this text in the final policy, has replaced

the term ‘‘forest officers’’ with

‘‘Responsible Officials,’’ and has added

language to demonstrate the expected

coordination with other transportation

agencies.

Proposed Section 7703.1—Road

Management

This proposed section provided

direction to conduct a roads analysis

when considering proposals to construct

new roads, to reconstruct or

decommission existing roads, or to

change road classifications. The

proposed policy also would require use

of a roads analysis to identify priorities

for reconstructing and maintaining

needed roads and decommissioning

unneeded roads.

Comment: Some respondents stated

that new road construction should be

very limited or not allowed at all, while

others felt there should be few

restrictions on building new roads. By

contrast, a number of other respondents

felt that the $8.4 billion of road

maintenance backlog and

decommissioning of all unneeded roads

should be completed before any new

roads are constructed. Others wanted to

have these road management options

addressed more thoroughly, in order to

delay the closing of roads to the public.

A few respondents said that an objective

process has not been established for

identifying (1) whether new roads are

needed, (2) which existing roads should

be reconstructed, maintained, or

decommissioned, and (3) how priorities

should be established. Other

respondents had questions about how

the road management policy and the use

of a roads analysis would consider other

motorized and non-motorized uses.

Agency response: The agency notes

the disagreement over how decisions

about new roads should be made and

recognizes that the process for making

these decisions needs to be clarified.

New language has been added to the

final policy to direct the use of a roads

analysis to address both access benefits

and related ecological costs, giving

priority to reconstructing and

maintaining needed roads while

decommissioning unneeded roads. This

section now clarifies when a roads

analysis must be conducted and

provides a requirement to include an

economic analysis that addresses both

initial and long-term costs.

The bulk of direction that was in FSM

7703.1 of the proposed policy, has been

placed under section FSM 7703.2

entitled ‘‘Management Opportunities.’’

This section gives more specific

direction for maintaining and

constructing needed roads,

decommissioning unneeded roads, and

adding new roads. New language has

been added to paragraph 1 to explain

how temporary and unclassified roads

are to be considered when making

decisions about road maintenance. A

discussion relating to those roads

follows under ‘‘Proposed Section

7705—Definitions.’’

In the final policy, paragraph 3 of

FSM 7703.2 entitled ‘‘Adding New

Roads’’ has been revised to make clear

where decisions to add new roads to the

transportation system are appropriate.

Language has been added to clarify that

new roads newly acquired through land

acquisition transactions are subject to

the same analysis and justification if

they are to be placed in the Forest

Transportation System only where

resource management objectives,

environmental impacts, and benefits

associated with a new road have been

carefully considered and documented.

A requirement to consider motorized

and non-motorized uses during the

transportation system analysis has also

been added in response to comments

received.

Proposed Section 7705—Definitions

The proposed policy added new

definitions pertaining to road

management, updated and revised

existing definitions, and removed the

word ‘‘development.’’

Comment: Many respondents were

concerned about the definitions of key

terms used in the proposed

administrative policy. Several

respondents requested that the road

definition be clarified before finalizing

the rule and policy. Others offered

suggestions as to what that definition

should be. A number of respondents

were confused over the terms

‘‘classified’’ and ‘‘unclassified’’ roads

and asked which of these categories

included temporary roads. Respondents

recommended that the agency use the

term ‘‘National Forest System Road’’ in

place of the term ‘‘Forest Road.’’

Additionally, some respondents

wondered if a road could be

redesignated as a trail if it was no longer

needed as a road.

Agency response: The agency agrees

that clarification of some of the terms

and definitions is needed. Definitions of

‘‘roads,’’ ‘‘classified roads,’’

‘‘unclassified roads,’’ ‘‘transportation

atlas,’’ ‘‘new road construction,’’

‘‘temporary road,’’ and ‘‘forest

transportation facility’’ were revised in

the final rule at 36 CFR 212.1 published

elsewhere in this part of today’s Federal

Register. The administrative policy

includes revised definitions for ‘‘forest

transportation system management,’’

‘‘new road construction,’’ ‘‘road

reconstruction,’’ ‘‘road improvement,’’

‘‘road realignment,’’ ‘‘road

maintenance,’’ ‘‘roads subject to the

Highway Safety Act,’’ and

‘‘transportation facility

decommissioning’’. The proposed

definitions for ‘‘public roads,’’ ‘‘Forest

Road’’ ‘‘Forest Service Trail,’’ and

‘‘transportation facility jurisdiction’’

have not changed. FSM 7705 Exhibit-01,

entitled Road Terminology

Relationships, which appears at the end

of this document, has been retained and

updated to clarify road terminology

relationships. The following terms have

changed between the draft and final

policy in response to concerns

expressed in public comment and to

clarify agency intent. The new terms in

the final policy and how the proposed

terms were modified are as follows:

National Forest System Road—This

was entitled ‘‘Forest Service Road’’ in

the proposed policy. The new term

reflects that National Forest System

roads serve National Forest System

lands.

Forest Transportation Facility—This

term was named Forest Transportation

System in the proposed policy. Instead,

the final policy refers to ‘‘facility’’

instead of system and includes other

necessary transportation facilities, such

as bridges, parking lots, and other

appurtenances.

Forest Transportation System

Management—This definition has been

revised slightly to reflect changes in

other definitions.

New Road Construction—The text has

been revised to remove the reference to

investment, which was confusing and

not relevant in defining the term.

Additionally, the definition has been

modified to clarify that classified and

temporary roads are included in this

category.

Road Reconstruction—This term has

been simplified by removal of the

subcategory definition for rebuilding.

Road Improvement—The text has

been changed to remove the reference to

investment and clarify that

improvement includes expanding the

road’s capacity or changing the original

design function.

Road Realignment—The definition

has been streamlined.

Road Maintenance—The definition

has been simplified to remove any

ambiguity as to the meaning of this

term.

Roads Subject to Highway Safety

Act—This definition has been modified

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices 3225

to reflect the change from ‘‘Forest

Service roads’’ to ‘‘National Forest

System roads.’’

Road Decommissioning—This term

was ‘‘Transportation Facility

Decommissioning’’ in the proposed

policy. The terminology has been

revised to clarify that the objective of

decommissioning is to remove

unneeded roads and begin restoration.

The definition in the proposed policy

for the term ‘‘Rebuilding’’ has been

removed from the final administrative

policy because it is a component of

reconstruction or maintenance and is no

longer needed as a separate definition.

During the last year, the Forest

Service has adopted new common terms

and definitions for maintenance and

construction based on standards

developed by the Federal Accounting

Standards Advisory Board. These

generic terms are now being applied in

inventorying, budgeting, and accounting

for all fixed assets under Forest Service

jurisdiction, including the National

Forest transportation system. The terms

and definitions used in FSM 7705,

though slightly different, are not

inconsistent with the new common

financial management terms and their

definitions. The agency is assessing all

its transportation directives to

determine what changes in Forest

Service Manual and Handbook

terminology are needed. However, this

effort exceeds the scope of these

revisions to road management

directives.

Proposed Section 7709—Handbooks

The proposed policy lists Forest

Service Handbook Section 7709.56 as a

reference. The only change to this

section was to remove the term

‘‘development’’ to be consistent with the

change in focus in the agency’s

transportation system and redefining

Forest Service road as National Forest

System road. No substantive comments

were received on this proposed change,

and this section is adopted as proposed.

Proposed FSM Chapter 7710—

Transportation Atlas Records and

Analysis

Based on comment and further review

of this policy, the agency has decided to

restructure this chapter, revising some

of the captions and expanding and

clarifying the direction. The substantive

changes to the direction are based on

public comment received or on the need

to be consistent with other current

regulatory initiatives. The significant

changes are as follows: (1) A

clarification that temporary roads are

considered necessary for management of

National Forest System resources; (2) an

emergency exemption from the interim

requirements (transition) for

catastrophic events and responses or

restoration under the Comprehensive

Environmental Responsibility,

Compensation, and Liability Act; and

(3) the requirement that each national

forest and grassland complete the forestscale road analysis process in 2 years.

The comments and agency responses on

the proposed direction at FSM 7710 are

arranged according to the issues raised

by the respondents.

Change in the Chapter 7710 Title

Some respondents questioned the

need to change the title of the chapter,

while others wondered if transportation

planning was being replaced by the

roads analysis process.

Agency response: The title of Chapter

7710—Transportation Atlas, Records,

and Analysis has been retained in the

final policy as it was proposed in the

administrative policy. This chapter

contains objectives, policies,

responsibilities, and requirements for

analyzing and documenting the

transportation system. The agency feels

that the title better reflects the overall

transportation management program

since transportation planning is only

one aspect of the program.

Forest Road Atlas and Records

Similar to comments on Section 7705

noted above, respondents were

concerned primarily with which roads

would be tracked in the atlas: classified,

unclassified, or both. Others were

unclear how and where temporary roads

would be tracked. Some respondents

suggested periodic updates to the road

atlas be required, such as annually or

every 5 years.

Agency response: All classified and

unclassified roads are required to be

included in the road atlas. Including

unclassified roads in the atlas will

provide the mechanism needed to track

the prioritization, scheduling, and

decommissioning of unclassified roads.

The inclusion of unclassified roads in

the road atlas is necessary for roads

analysis and identification of road

management opportunities and

priorities. Their inclusion in the atlas

does not mean that they are part of the

official forest transportation system. The

agency recognizes that temporary roads

are usually short-term in duration (often

less than 1 year) and are required to be

managed and tracked with the project or

activity in which they are authorized.

Therefore, temporary roads will not be

required to be included in the forest

road atlas unless the agency decides to

retain a temporary road as a classified

road after the permitted use ceases. The

National Forest Management Act

(NFMA) requires that these roads be

designed to reestablish vegetative cover

within 10 years of the termination of the

authorization unless converted to other

uses.

The agency does not agree that the

atlas should be updated at set periods.

Atlas updates are intended to be an

ongoing activity as road inventories,

analyses, and road-related decisions are

implemented.

Comments: Some respondents wanted

to have accurate maps available that

would show the current status of the

road system. Others wanted to have the

tabulated road inventory accurately

reflect the existing road system. Some

wanted to know the difference between

the transportation atlas and road atlas.

Agency response: As noted in the

final rule which appears elsewhere in

this part of today’s Federal Register,

each administrative unit will be

required to prepare and maintain a

transportation atlas which consists of

geo-spatial, tabular data, and other

associated information for National

Forest System roads, trails, and

airfields. This final policy further

defines the transportation atlas to

include separate road atlas, trails atlas,

and airfield atlas. In the road atlas, the

travel status of each road (whether it is

managed as open, restricted, or closed)

must be identified. The atlas will be

updated through ongoing inventories or

project and land management planning,

and it will be the source for updating

maps prepared for public use, such as

the Forest Visitor Map. Information in

the atlas will be available to the public.

Comment: Respondents emphasized

the need to standardize information on

roads and bridges, including physical,

operational, usage, performance, and

safety characteristics.

Agency response: The agency agrees

and believes that Section 7712.5—Road

Management Objectives, as written in

the final policy, establishes the

standards for road information.

Transportation Analysis Process

Some respondents wanted the

transportation analysis process clarified,

while others expressed concerns about

coordination and review of the

transportation analysis process and

results. Still others expressed the need

for planning and analysis process

accountability.

Agency response: The agency agrees

with the need for clarity and

accountability of the planning and

analysis process. Therefore, Section

7712—Transportation Analysis has been

rearranged with minor text changes and

additions.

3226 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices

Comment: Respondents said the road

management policy needs to address

social, economic, and environmental

values in transportation planning and

analysis and needs to use the findings

from transportation planning to update

forest plans.

Agency response: The final

administrative policy includes

objectives, which specify that social,

economic, and environmental values

must be considered as part of the roads

analysis. Section 7712.12 of the final

policy clarifies how transportation

analysis, which includes road analysis,

contributes to the planning process.

Also, in recognition of the importance of

roads analysis, a requirement has been

added in section 7712.15 for each

National Forest System administrative

unit to complete a forest-scale roads

analysis within 2 years.

Roads Analysis Process

Some respondents expressed

confusion about the various scales and

scopes of roads analysis.

Agency response: In response to these

concerns, the Forest Service took a fresh

look at the proposal and concluded that

the proposal scattered direction about

scale and scope of roads analyses in a

number of sections and that

reorganizing to consolidate this

direction into fewer sections would

improve the utility of the directives. An

outline of the reorganized chapter 7710

showing sections that address scope and

scale of roads analysis is set out in the

conclusion of this preamble.

Comment: Most respondents

supported the concept of using the

roads analysis process. Respondents

wanted the process to be either more

prescriptive or less prescriptive,

depending on their views of how

National Forest System lands should be

managed. Some respondents were

confused about how the analysis

process would be used.

Agency response: Roads analysis

initiates a process that leads to the

identification of road-related issues and

relevant analysis questions. These

issues and questions, when analyzed

and answered, will help to ensure that

Responsible Officials are well informed

when making road construction,

reconstruction, decommissioning, and

road priority decisions. Roads analysis

is issue-driven and capable of

examining issues at various scales.

Issues may be identified by the public,

local, and Tribal governments, State

officials, other Federal agencies, or the

Responsible Officials.

In considering, these comments on

the roads analysis process, the Forest

Service has given considerable attention

to revising descriptions of the various

levels of analyses and the compliance

requirements. These are set out at FSM

7712. FSM 7712.1 cites the Roads

Analysis: Informing Decisions about

Managing the National Forest

Transportation System (USDA Forest

Service, 1999, Misc. Rep. FS–643) as a

current standard for the roads analysis

process. The final policy requires the

use of this analytical process unless an

alternative process is approved by the

Deputy Chief for the National Forest

System.

In response to confusion about the use

of the roads analysis process, a new

paragraph has been added at FSM

7712.11 to better describe the

expectations and outcomes of a roads

analysis. This new text specifies that the

product of a roads analysis is a report

that documents the information and

analysis methods used to identify road

opportunities, needs, and recommended

priorities for National Forest System

roads.

Responsibilities for Agency Officials

Some respondents asked why

alternatives to conducting a roads

analysis must be approved at the Deputy

Chief level.

Agency response: The final policy

(FSM 7712.1) adopts the report Roads

Analysis: Informing Decisions About

Managing the National Forest

Transportation System (USDA Forest

Service, 1999, Misc. Rep. FS–643) as a

current standard for conducting roads

analysis, just as proposed. The agency

expects that engineering and

environmental science and our

understanding of these sciences will

continue to grow; therefore, it is

important to preserve the flexibility to

incorporate new information into the

roads analysis process as it is developed

or to adopt new analytical processes.

Placing responsibility for approving

alternative roads analyses at the Deputy

Chief level ensures that any new

processes will meet the high standard

for science-based analysis established

by the current standard. Consequently,

no changes have been made to the final

policy regarding approval for using an

alternative analytical process.

Comment: A number of respondents

emphasized the importance of public

involvement as a Forest Supervisor’s

responsibility. They also requested a

timeline for completion of road

inventories in preparation for forest

plan revisions. Other comments

indicated the need to clarify text

regarding the Forest Supervisor’s

responsibilities.

Agency response: The final policy

adds public involvement as a

component of a Forest Supervisor’s

responsibility. Also, this section has

been reorganized to reflect the normal

sequence of transportation planning and

analysis requirements.

Roads Analysis Transition Procedures

Comments

Most of the comments received

concerning the transition language

related to the sensitive roadless and

unroaded areas included in the

proposed policy. Some respondents

were confused as to how specific

projects and forest plans would be

affected by the transition language.

Some respondents urged the agency not

to exclude or exempt any forests or

combinations of forests, such as the

Tongass National Forest or forests

within the Northwest Plan area, while

others wanted more exemptions. Many

respondents questioned including the

roadless-related direction in the policy

when the agency already had an

ongoing rulemaking specifically for

roadless areas.

Agency response: For clarity, the term

‘‘Transition Procedures,’’ as used in the

draft policy, has been changed to

‘‘Interim Requirements’’ in the final

policy. The agency carefully considered

whether or not to remove the ‘‘transition

procedures’’ for road construction and

reconstruction in roadless and unroaded

areas and this direction has been

retained in the final policy at FSM

7712.16 to ensure that the values

associated with these sensitive areas are

fully considered within the context of

forest planning. Without the interim

requirements, these areas could be

subject to an incremental project-byproject risk of degradation. Also, the

final policy adds a new section (FSM

7712.15) to address compliance

deadlines for completing forest-scale

roads analyses and clarifies at FSM

7712.13–13d how the analyses are to be

used to inform forest planning and

project decisions.

Finally, pursuant to Section 7712.16b

of this final road management policy,

the Alaska Regional Forester has the

discretion to determine whether a

compelling need exists, as defined by

this section, for a specific road

construction project in the Tongass

National Forest. The exercise of that

discretion may result in a finding that

no compelling need exists, in which

case the proposed road would not be

built, or in a determination that a

compelling need does exist for

construction of the road. In either case,

the determination will be made based

upon consideration of the provisions of

the Tongass Land Management Plan,

including the goal of seeking to meet the

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices 3227

market demand for timber from the

Tongass National Forest.

Specific Comments on the Regulatory

Certifications of the Proposed Policy

Comments Concerning Social and

Economic Considerations

Some respondents felt that the final

policy did not adequately address the

social and economic effects of

decommissioning and closing roads.

They believed the Forest Service should

reconsider the economic effects of the

road policy. Other respondents felt

forest roads should be kept open for the

economic viability of the surrounding

communities and some expressed fears

of losing resource-related jobs. Others

expressed the need to protect the noncommodity values of National Forest

System lands. Respondents said the

Forest Service should consider the

social ramifications of the transportation

policy and how its implementation

would affect the quality of life for those

who favored more roads as well as for

those who favored fewer roads.

Agency response: To the extent

practicable, the agency has considered

the social and economic effects of

adopting this final policy. The final rule

and policy provide guidance for

transportation planning, but do not

dictate local land management

decisions. Therefore, the costs and

benefits associated with the final rule

and policy are described qualitatively in

most cases and are limited to predicting

the direction of change due to their

implementation. The only exception to

this limitation was the potential effects

on timber harvesting, in which case, the

maximum potential effects were

estimated. A detailed cost/benefit

analysis for the final rule and policy

may be found in Appendix E of the

National Forest System Road

Management Strategy Environmental

Assessment available as indicated under

the ADDRESSES section of this rule.

Comments Concerning Takings

Implications and Civil Justice Reform

Act

Some respondents said that the No

Takings Implications and Civil Justice

Reform Act statements are incorrect

because inaccurate Roadless Area

Review and Evaluation (RARE II)

inventories have resulted in inaccurate

roadless delineations. They also believe

the road management rule will result in

the taking of private property rights by

restricting access to mining claims,

private and native in-holdings, and

other rights of ingress and egress by

closing county and permitted roads

through and within National Forest

System lands. Others were concerned

that access for other Federal, State and

local agencies would be restricted by

decommissioning roads.

Agency response: The agency

recognizes that changes have occurred

since the RARE II inventories were

completed and that, on some forests,

portions of inventoried roadless areas

have been roaded as a result of forest

plan decisions. The final rule requires a

roads analysis that will identify needed

and unneeded roads, road maintenance

priorities, and other road-related

resource concerns. Updating existing

road inventories must be conducted as

part of the roads analysis process. The

final roads rule and the accompanying

final administrative policy honor access

to private property pursuant to statute

and to outstanding or reserved rights

and do not retroactively affect existing

permits, contracts, or other instruments

authorizing the occupancy and use of

National Forest System lands. This

includes reasonable access to private

land in-holdings. Forest Service officials

must conduct a roads analysis to

determine the minimum road system

needed to achieve management goals

and objectives. As part of that analysis,

the agency requires the Responsible

Official to seek to involve interested and

affected citizens and organizations,

including businesses, in the roads

analysis and subsequent NEPA

processes. Road decommissioning

decisions will be made on a local basis,

with public involvement, and will take

into account access needs of State,

county, and Tribal governments.

Comment: Some respondents stated

that statements contained in the Civil

Justice Reform Act (CJRA) section of the

proposed rule raised the question of

how much weight public involvement

would be given in the process. One

respondent said that the ability to ignore

other governmental requirements seems

to grant unwarranted authority to follow

a predetermined course of action

without heeding local concerns.

Agency response: The agency has

already responded to the use of public

comments earlier in the SUPPLEMENTARY

INFORMATION section. Additionally, the

language of the CJRA certification was

drafted as a model for use by all USDA

agencies. However, the public has

understandably found the language

confusing because it is drafted in the

negative. While this language is

appropriate for a codified rule, it is of

questionable relevance to the adoption

of administrative directive. As a matter

of agency policy, Forest Service Manual

direction is issued for Forest Service

employees only. It doesn’t regulate the

actions of others, and therefore, would

never preempt state law in and of itself.

Accordingly, this paragraph has been

substantially revised in this final rule.

Regulatory Certifications

Regulatory Impact

The final administrative policy has

been reviewed under USDA procedures

and Executive Order (E.O.) 12866 on

Regulatory Planning and Review. The

Office of Management and Budget

(OMB) reviewed the final policy and has

determined that the final policy, in

concert with a final rule published

separately in today’s Federal Register,

are a significant action as defined by

E.O. 12866 because of the importance of

the National Forest road system and the

strong public interest expressed. A costbenefit analysis was prepared as part of

the environmental assessment on the

proposed rule and policy revisions. The

environmental assessment, including

the cost-benefit analysis, has been

updated in response to public comment

and to conform to the final rule and

policy revisions. A summary of the costbenefit analysis follows.

The final policy revisions encourage

the investment of scarce road

management funds in a National Forest

road system that best provides access for

the current and anticipated management

objectives and public uses of National

Forest System lands. The final policy

emphasizes investing in reconstructing

and maintaining needed roads while

decommissioning unneeded roads. New

road construction must be supported by

a roads analysis. Although this final

policy requires that the agency use a

new roads analysis when making

decisions about road construction,

reconstruction, and decommissioning,

the agency currently conducts various

types of transportation analyses in the

context of NEPA requirements or other

forest planning assessments. Thus, the

agency does not expect a significant

increase of administrative costs due to

new administrative requirements under

this final policy. The costs and benefits

associated with this final rule were

described primarily in qualitative terms.

Since the rule does not result in any

land management decisions, the effect

of the rule on the flow of goods and

services will be further evaluated in the

roads analysis and other planning

analyses. Implementation of the final

rule is expected to improve water

quality, air quality, and wildlife and fish

habitat. The spread of noxious weeds

and invasive plants should be reduced.

Increased emphasis on road

decommissioning may reduce recreation

access in some situations. However, this

reduction in access would likely be

3228 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices

offset by increased emphasis on

maintaining existing roads and

improving access in other areas. Remote

recreation settings found in contiguous

unroaded areas will be protected during

the interim requirement period.

The agency anticipates that the final

roadless area conservation rule will

supercede the interim requirements of

section 7712.16b of this final policy for

inventoried roadless areas, except for

the Tongass National Forest. Therefore,

during the interim requirements period,

decisions regarding access that would

require roads will be limited to

contiguous unroaded areas on all

National Forests except for the Tongass

National Forest. In contiguous unroaded

areas, timber harvest and exploration

and development of minerals could be

impacted in this interim period. If all

planned timber harvest in these

contiguous unroaded areas were forgone

during the interim period,

approximately 65 million board feet of

timber per year could be affected. This

figure covers all National Forests,

because for the Tongass National Forest

timber harvest effects occur were found

only in the inventoried roadless areas,

not in contiguous unroaded areas.

Under this scenario, up to 433 direct

and 797 total jobs could be affected.

These effects would be expected to be

of short duration, since the interim

requirements period ends once a

comprehensive road inventory and

forest-scale roads analysis are

completed and incorporated as

appropriate into the forest plan.

Decisions on whether or not to

harvest timber and build roads in

contiguous unroaded areas will be made

in the interim period on a case-by-case

basis. Therefore, it is impossible to

reliably predict potential effects, since

to do so would be to prejudge the

outcome of decisions not yet made.

Nevertheless, during the interim

requirement period, the worst case

potential effects arising from timber

harvest forgone in contiguous unroaded

areas could be an annual loss of income

of up to $32 million. In order for these

maximum potential effects to be

realized, absolutely no road

construction or reconstruction would

occur in these areas during the interim

requirements period. We know that this

is not likely to be the case, as there will

likely be road activities that are found

to meet the compelling need

requirement of FSM 7712.16b and,

therefore, may proceed.

The interim requirements of the road

management policy will apply to

planned timber sales on the Tongass for

which no final decision has been made.

The planned offer volume that could be

affected is 102 million board feet that

would be offered over a period of 3 to

5 years. Of that total volume, about 72.5

million board feet would likely be

harvested over a period of 3 to 5 years,

with a resulting annual impact of 15 to

25 million board feet foregone per year,

unless the Regional Forester determines

that a compelling need within the

meaning of FSM 7712.16b exists for

harvesting that volume. The potential

annual economic effects associated with

that volume would be a maximum of

75–125 direct jobs and 120–200 total

jobs, with direct income effects of $8.6

million to $14.4 million direct and total

income effects of $13.8 million to $23

million. The combined economic

impact of foregoing all harvest in all

contiguous unroaded areas of the

National Forest System and some

harvest from inventoried roadless areas

on the Tongass would be up to a

maximum of $55 million.

The cost-benefit analysis can be found

in: National Forest System Road

Management Strategy Environmental

Assessment, page 65, Social and

Economic Effects, and in Appendix E,

Cost/Benefit Analysis. This document

may be obtained from the internet at

www.fs.fed.us/news/roads for one year

following publication of the final policy

or by writing to the Director of

Ecosystem Management Coordination,

P.O. Box 96090, Washington, DC 20090.

In summary, the final policy

emphasizes a shift from road

development to managing the existing

road system within the capability of the

land. While the agency could not

quantify or establish a monetary value

for many of the impacts of this proposed

policy, the agency thoroughly

considered both the potential quantified

and qualitatively-discussed costs and

benefits. Pursuant to the requirements of

E.O. 12866, the agency carefully

assessed alternative regulatory

approaches and finalized this rule only

after making a reasoned determination

that the benefits justify the costs.

The final policy revisions of

administrative directives have been

considered in light of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

The final policy provides agency-wide

direction to forest and regional

personnel about planning and managing

the forest transportation system. No

direct or indirect financial or access

impacts on small businesses have 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 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 these

administrative policy revisions on State,

local, and Tribal governments, and on

the private sector. These administrative

policy revisions 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.

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

administrative policy revisions fall

within this category of exclusion.

Nevertheless, to further the intent of

NEPA, the agency has prepared an

environmental assessment. This

document may be obtained from the

Internet at www.fs.fed.us/news/roads for

1 year following publication of the final

policy or by writing to the Director of

Ecosystem Management Coordination,

P.O. Box 96090, Washington, DC 20090.

No Takings Implication

These administrative policy revisions

were reviewed for their impact on

private property rights under E.O.

12630. It has been determined that they

do not pose a risk of the taking of

Constitutionally protected private

property because the proposed

administrative policy revisions honor

access to private property pursuant to

statute or to outstanding or reserved

rights.

Civil Justice Reform Act

These administrative policy revisions

were reviewed under E.O. 12988, Civil

Justice Reform. These revisions solely

direct the work of Forest Service

employees and are not intended to

preempt any state and local laws or

regulations that might be in conflict or

that would impede full implementation

of this policy. These revisions 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.

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices 3229

Controlling Paperwork Burdens on the

Public

These administrative policy revisions

do not contain any recordkeeping 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 U.S.C. 3501, et seq.) and

implementing regulations at 5 CFR Part

1320 do not apply.

Conclusion

Having considered the comments

received, the Forest Service hereby

adopts final amendments to its forest

planning and transportation directives.

In addition to the changes already noted

in the responses to comments, the

agency reconsidered the organization of

proposed changes to Chapter 7710 and

concluded that the directive was

redundant in places and inconsistent in

others. Therefore, the Forest Service has

reorganized Chapter 7710. The outline

of this chapter as adopted is as follows:

7710.2 Objectives

7710.3 Policy

7710.4 Responsibility

7710.41 Deputy Chief, National Forest

System

7710.42 Regional Forester

7710.43 Forest Supervisor

7710.44 District Rangers

7711 Forest Transportation Atlas & Records

7711.01 Authority

7711.03 Policy

7711.1 Forest Road Atlas

7712 Transportation Analysis

7712.02 Objectives

7712.03 Policy

7712.1 Roads Analysis

7712.11 Outcomes

7712.12 Integration with existing Land and

Resource Management Plans

7712.12a Roads analysis as part of forest

plan revision or amendment

7712.12b Road management project

planning

7712.13 Scope and Scale of Roads Analysis

7712.13a Roads analysis for large-scale

assessments

7712.13b Roads analysis at the forest or area

scale

7712.13c Informing Decisions at the

watershed and project scale

7712.13d Special Implementation

Considerations

7712.14 Road Inventory

7712.15 Compliance Deadlines for

Completing Roads Analyses

7712.16 Interim Requirements for road

construction/reconstruction in

inventoried roadless and contiguous

unroaded areas

7712.16a Areas Subject to Interim

Requirements

7712.16b Interim Requirements

7712.16c Duration of the interim

requirements

7712.16d Emergency Exemptions from

Interim Requirements

7712.3 Network Analysis

7712.4 Economic Analysis [Reserved].

7712.6 Scheduling Projects

This final administrative policy

implements the revisions to the

National Forest Transportation System

planning and management adopted in a

final rule elsewhere in this part of

today’s Federal Register. This action is

necessary: (1) To ensure that the

National Forest Transportation System

meets current and future land and

resource management objectives and

provides for attendant public uses of

National Forest System lands; (2) to

provide for safe public access and

travel; (3) to allow for economical and

efficient management; and (4) to the

extent practicable, to minimize and

begin to reverse adverse ecological

impacts from roads. This revision

reflects shifts in public opinion and

changes in demand and use of the

National Forest System, considers

possible economic and social benefits

associated with road construction and

uses, and utilizes scientific information

about the environmental impacts of road

construction. Also, all of the action

items called for in the report to the

President on the wildland fires of 2000

are compatible with the final road

management policy. The final road

management policy provides local

decisionmakers adequate discretion to

authorize needed access to meet

resource management objectives and is,

therefore, consistent with the agency’s

cohesive fire strategy; ‘‘Protecting

People and Sustaining Resources in Fire

Adapted Ecosystems, a Cohesive

Strategy.’’ This policy is being issued to

the Forest Service Manual. Minor, nonsubstantive, editorial changes have been

made to the proposed policy and many

sections have been reorganized for

efficiency and clarity.

(See Appendix A for a table displaying

an Overview of Overall Road

Management Policy.)

Dated: January 4, 2001.

Mike Dombeck,

Chief, Forest Service.

National Forest Transportation Forest

Service Manual Amendments

Note: The Forest Service organizes its

directive system by alphanumeric codes and

subject headings. Only those sections of the

FSM 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 1920—Land and Resource

Management Planning

Chapter 1920—Land and Resource

Management Planning

Note: For ease of issuance, this direction to

FSM 1920 will be initially issued as an

Interim Directive and later integrated into the

Chapter as an Amendment.

1920.5—Definitions [the following terms

will be added to this section]

Inventoried roadless areas. Areas

identified in a set of inventoried

roadless area maps, contained in Forest

Service Roadless Area Conservation,

Draft Environmental Impact Statement,

Volume 2, dated May 2000, which are

held at the National headquarters office

of the Forest Service, or any update or

revision of those maps.

Unroaded areas. Any area without the

presence of a classified road, that is of

a size and configuration sufficient to

protect the inherent characteristics

associated with its roadless condition.

Unroaded areas are distinct from and do

not overlap with inventoried roadless

areas.

1922.15—Resource Integration

Requirements

Requirements for integrating

individual forest resources, including

wilderness and other special areas, into

the forest planning process are in 36

CFR Part 219. Refer to the Forest Service

Handbook 1909.12 for details on how to

incorporate resources into the planning

process. In addition, the forest planning

process must:

* * * * *

20. Identify the specific access

requirements and travel management

options available to meet the objectives

for each management prescription.

Describe how access will be provided

and how travel will be managed.

Include the Forest Service road system,

off-road travel, and air and water access.

Integrate considerations of biological,

physical, social, and economic factors

and environmental design criteria. Link

access and travel requirements and

opportunities to the full spectrum of

resource objectives for each

management area and alternative.

* * * * *

FSM 7700—Forest Transportation

System

Chapter 7700 Zero Code

7701 AUTHORITY

7701.1 Coordination with Forest Planning

7701.2 Revegetation

3230 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices

7701.3 Transportation System Management

7702 OBJECTIVES

7703 POLICY

7703.1 Road Management

7703.2 Management Opportunities

7705 DEFINITIONS

7709 HANDBOOKS

Chapter—Zero Code

This title prescribes the authority,

objectives, policy, responsibility, and

definitions for planning, construction,

reconstruction, operation, and

maintenance of forest transportation

system facilities.

7701—Authority

7701.1—Coordination With Forest

Planning

Title 36, Code of Federal Regulations,

Section 219.27 (36 CFR 219.27).

Requires transportation access to be

addressed in the land and resource

management planning process.

7701.2—Revegetation

Forest and Rangeland Renewable

Resources Planning Act of 1974 (16

U.S.C. 1601, Pub. L. 93–378) as

amended by the National Forest

Management Act of 1976 (16 U.S.C.

1608, Pub. L. 94–588). Directs that roads

be designed to standards appropriate for

intended uses and requires the

revegetation of roads within 10 years of

the termination of temporary and

undeveloped roads created under

contract, permit, or lease.

7701.3—Transportation System

Management

1. National Forest Roads and Trails

Act of October 13, 1964 as amended (16

U.S.C. 532–538, Pub. L. 88–657).

Authorizes the road and trail systems

for the National Forests. Authorizes the

granting of easements across Forest

Service administered lands, the

construction of maximum economy

roads (FSM 7705) and methods for

financing them, and the imposing of

requirements on road users for

maintaining and reconstructing roads,

including cooperative deposits for such

work.

2. Highway Safety Act of 1966 (23

U.S.C. 402, Pub. L. 89–564). Authorizes

State and local governments and

participating Federal agencies to

identify and survey accident locations;

to design, construct, and maintain roads

in accordance with safety standards; to

apply sound traffic control principles

and standards; and to promote

pedestrian safety.

3. National Trails System Act of

October 2, 1968 (16 U.S.C. 1241–1249,

Pub. L. 90–543). Establishes the National

Trail System and includes planning,

right-of-way acquisition, and

construction of trails designated by

Congress or the Secretary of Agriculture

as part of the system.

4. Title 36, Code of Federal

Regulations, Part 212 (36 CFR Part 212).

Establishes requirements for the

administration of the forest

transportation system, including roads,

trails, and airfields, and provisions for

acquisition of rights-of-way. Describes a

minimum road system and requires a

science-based roads analysis to plan the

road system and to set funding

priorities.

5. Title 36, Code of Federal

Regulations, Sections 261.12 and 261.54

(36 CFR 261.12 and 261.54). Establishes

prohibitions on National Forest System

roads that are enforceable by the Forest

Service.

* * * * *

7702—Objectives

The results to be achieved by

managing the forest transportation

system are as follows:

1. To provide sustainable access in a

fiscally responsible manner to National

Forest System lands for administration,

protection, and utilization of these lands

and resources consistent with Forest

Plan guidance.

2. To manage a forest transportation

system within the environmental

capabilities of the land.

3. To manage forest transportation

system facilities to provide user safety,

convenience, and efficiency of

operations in an environmentally

responsible manner and to achieve road

related ecosystem restoration within the

limits of current and likely funding

levels.

4. To coordinate access to National

Forest System lands with national,

regional, statewide, local, and Tribal

government transportation needs.

7703—Policy

Determine and provide for the

minimum forest transportation system

that best serves current and anticipated

management objectives and public uses

of National Forest System (NFS) lands,

as identified in the appropriate land and

resource management plans (FSM 1920).

In managing the forest transportation

system for access, Responsible Officials

must coordinate with other public and

private transportation system agencies

to integrate transportation information

and to balance transportation facility

investments and maintenance costs

against the need to maintain land health

and water quality.

7703.1—Road Management

In accordance with 36 CFR

§ 212.5(b)(1), when managing NFS

roads, responsible officials are to:

1. Address both the access benefits

and ecological costs of road-associated

effects.

2. Give priority to reconstructing and

maintaining needed roads and

decommissioning unneeded roads, or,

where appropriate, converting them to

less costly and more environmentally

beneficial other uses.

3. Use a roads analysis process (FSM

7712.1) to ensure that road management

decisions are based on identification

and consideration of social and

ecological effects. See FSM 7712.13 for

guidance on the scope and scale of

roads analysis required.

4. Add new roads only where

resource management objectives and

benefits are clearly demonstrated and

where long-term funding obligations

have been carefully considered (FSM

7703.2, para. 3).

7703.2—Management Opportunities

Management opportunities for

meeting access needs and utilization of

forest resources may include roads

managed for safe passenger car use,

high-clearance vehicle use, or for roads

that restrict highway vehicles but are

available for other motorized or nonmotorized trail uses (such as hiking and

administrative access), or trails managed

for a variety of uses (such as hiking,

horseback riding, and snowmobiling). In

addition to the direction in paragraphs

1–3 of this section, Exhibit 01 in section

7712.1 displays the various road

management opportunities available to

meet access and program needs.

1. Maintaining and reconstructing

needed roads. Emphasize maintenance

and reconstruction of classified roads to

meet road management objectives (FSM

7712.5). Give priority to upgrading the

most heavily used roads to provide safe

and efficient travel and to reduce

adverse environmental impacts. If

necessary for environmental protection

and due to lack of funding, travel on

classified roads may need to be

restricted or closed. Such decisions

should be undertaken only after careful

analysis and consideration. Do not

maintain unclassified roads except

under emergency resource protection

circumstances. Unclassified roads will

be closed and made inaccessible where

funding permits unless they are made

part of the authorized forest road system

as provided for in this policy.

Temporary roads are maintained as

authorized in the contract, permit, lease,

or other authorizing document and must

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices 3231

be decommissioned at the conclusion of

the authorized activity.

2. Decommissioning unneeded roads.

Many unplanned, unauthorized,

unclassified travelways exist within

National Forest System lands and are

high priority candidates for

decommissioning. Other priorities for

decommissioning include temporary

roads and roads previously classified as

part of the forest transportation system

based on anticipated management needs

where use and needs have not

materialized, or where funding or

environmental issues merit

consideration of decommissioning or

conversion to other uses. Use an open

and public roads analysis process (FSM

7712.1) to help identify roads that

should be decommissioned, to identify

restoration needs, and to establish

decommissioning priorities. It may be

necessary to regulate use on some

unneeded roads until decommissioning

or other approved uses, such as

conversion to trails, can be achieved.

Once a decision is made and action is

taken to decommission a road, reestablish vegetation (FSM 7701.2) and,

as necessary, initiate restoration of

ecological processes interrupted or

adversely impacted by the unneeded

roads. Decommissioning includes

applying various treatments, which may

include one or more of the following:

a. Reestablishing former drainage

patterns, stabilizing slopes, and

restoring vegetation;

b. Blocking the entrance to a road;

installing water bars;

c. Removing culverts, reestablishing

drainage-ways, removing unstable fills,

pulling back road shoulders, and

scattering slash on the roadbed;

d. Completely eliminating the

roadbed by restoring natural contours

and slopes; or

e. Other methods designed to meet the

specific conditions associated with the

unneeded roads.

3. Adding new roads. Consistent with

FSM 7703.1, para. 4, decisions to add

new roads to the transportation system

are appropriate only where the resource

management objectives, environmental

impacts, and benefits have been

carefully considered and documented.

Additionally, decisions to add new

roads to the forest transportation system

must be informed by a roads analysis

process (FSM 7712.1) conducted at an

appropriate scale. Resource

management objectives are established

in the relevant land and resource

management plans (FSM 1920). Identify

and consider values associated with or

impacted by new roads which include

utilization, protection, and

administration of National Forest

System lands; public health and safety;

or private rights. Consideration must be

given to long-term road funding

opportunities and obligations. In

examining the environmental impacts of

potential new roads, consider (1)

Maintenance of ecological processes; (2)

introduction of exotic species; and (3)

effects on threatened and endangered

species or areas of high unique

biodiversity, cultural uses or historical

sites, fish and wildlife habitat, water

quality, and visual quality. Adding new

roads to the transportation system

includes both new road construction

and newly acquired roads through land

purchases, exchanges, or interchanges.

* * * * *

7705—Definitions

Exhibit FSM 7705–Exhibit 01, Road

Terminology Relationships, illustrates

the relationships among various road

terms.

* * * * *

Forest Roads. As defined in Title 23,

Section 101 of the United States Code

(23 U.S.C. 101), any road wholly or

partly within, or adjacent to, and

serving the National Forest System and

which is necessary for the protection,

administration, and utilization of the

National Forest System and the use and

development of its resources.

Forest Transportation Facility. A

classified road, designated trail,

designated airfield, including bridges,

culverts, parking lots, log transfer

facilities, safety devices and other

transportation network appurtenances,

under Forest Service jurisdiction that is

wholly or partially within or adjacent to

National Forest System lands.

Forest Transportation System

Management. The planning, inventory,

analysis, classification, recordkeeping,

scheduling, construction,

reconstruction, maintenance,

decommissioning, and other operations

undertaken to achieve environmentally

sound, safe, cost-effective, access for

use, protection, administration, and

management of National Forest System

lands.

* * * * *

National Forest System Road. A

classified forest road under the

jurisdiction of the Forest Service. The

term ‘‘National Forest System roads’’ is

synonymous with the term ‘‘forest

development roads’’ as used in 23

U.S.C. 205.

New Road Construction. Activity that

results in the addition of forest

classified or temporary road miles (36

CFR 212.1).

Public Roads. Any road or street

under the jurisdiction of and

maintained by a public authority and

open to public travel (23 U.S.C. 101(a)).

Road. A motor vehicle travelway over

50 inches wide, unless designated and

managed as a trail. A road may be

classified, unclassified, or temporary (36

CFR 212.1).

a. Classified Roads. Roads wholly or

partially within or adjacent to National

Forest System lands that are determined

to be needed for long-term motor

vehicle access, including State roads,

county roads, privately owned roads,

National Forest System roads, and other

roads authorized by the Forest Service

(36 CFR 212.1).

b. Temporary Roads. Roads

authorized by contract, permit, lease,

other written authorization, or

emergency operation, not intended to be

a part of the forest transportation system

and not necessary for long-term resource

management (36 CFR 212.1).

c. Unclassified Roads. Roads on

National Forest System lands that are

not managed as part of the forest

transportation system, such as

unplanned roads, abandoned

travelways, and off-road vehicle tracks

that have not been designated and

managed as a trail; and those roads that

were once under permit or other

authorization and were not

decommissioned upon the termination

of the authorization (36 CFR 212.1).

Road Decommissioning. Activities

that result in the stabilization and

restoration of unneeded roads to a more

natural state (36 CFR 212.1), (FSM

7703).

Road Maintenance. The ongoing

upkeep of a road necessary to retain or

restore the road to the approved road

management objective (FSM 7712.3).

Road Reconstruction. Activity that

results in improvement or realignment

of an existing classified road as defined

below:

a. Road Improvement. Activity that

results in an increase of an existing

road’s traffic service level, expansion of

its capacity, or a change in its original

design function.

b. Road Realignment. Activity that

results in a new location of an existing

road or portions of an existing road and

treatment of the old roadway (36 CFR

212.1).

Roads Subject to the Highway Safety

Act. National Forest System roads that

are open to use by the public for

standard passenger cars. This includes

roads with access restricted on a

seasonal basis and roads closed during

extreme weather conditions or for

emergencies, but which are otherwise

open for general public use.

* * * * *

3232 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices

Transportation Facility Jurisdiction.

The legal right to control or regulate use

of a transportation facility derived from

fee title, an easement, an agreement, or

other similar method. While jurisdiction

requires authority, it does not

necessarily reflect ownership.

* * * * *

7709—Handbooks

* * * * *

7709.56—Road Preconstruction

Handbook

This handbook establishes procedures

and guides for the location, survey,

design, and preparation of cost

estimates for National Forest System

roads.

Chapter 7710—Transportation Atlas,

Records, and Analysis

7710.2 Objectives

7710.3 Policy

7710.4 Responsibility

7710.41 Deputy Chief, National Forest

System

7710.42 Regional Forester

7710.43 Forest Supervisor

7710.44 District Rangers

7711 FOREST TRANSPORTATION ATLAS

& RECORDS

7711.01 Authority

7711.03 Policy

7711.1 Forest Road Atlas

7712 TRANSPORTATION ANALYSIS

7712.02 Objectives

7712.03 Policy

7712.1 Roads Analysis

7712.11 Outcomes

7712.12 Integration with existing Land and

Resource Management Plans

7712.12a Roads analysis as part of forest

plan revision or amendment

7712.12b Road management project

planning

7712.13 Scope and Scale of Roads Analysis

7712.13a Roads analysis for large-scale

assessments

7712.13b Roads analysis at the forest or area

scale

7712.13c Informing Decisions at the

watershed and project scale

7712.13d Special Implementation

Considerations

7712.14 Road Inventory

7712.15 Compliance Deadlines for

Completing Roads Analyses

7712.16 Interim Requirements for road

construction/reconstruction in

inventoried roadless and contiguous

unroaded areas

7712.16a Areas Subject to Interim

Requirements

7712.16b Interim Requirements

7712.16c Duration of the interim

requirements

7712.16d Emergency Exemptions from

Interim Requirements

7712.3 Network Analysis

7712.4 Economic Analysis [Reserved].

7712.6 Scheduling Projects

7710—Transportation Atlas, Records,

and Analysis

This chapter contains objectives,

policies, responsibilities, and

requirements for analyzing

transportation needs and issues and for

documenting the transportation system.

Direction for forest trails is in FSM 2350

and FSH 2309.18, Trails Management

Handbook.

7710.2—Objectives

The objectives of transportation

analysis are:

1. To determine, within the context of

current and likely funding levels, the

minimum transportation facilities

needed for public and agency access to

achieve forest land and resource

management goals and to safeguard

ecosystem health within the context of

current and likely funding levels.

2. To incorporate transportation

system needs into the forest land and

resource management planning process.

3. To direct the orderly improvement

and management of the transportation

system and to ensure the documentation

of decisions affecting the system.

4. To interact with and involve the

public, State, local, and Tribal

governments, and other Federal

agencies in transportation analysis.

7710.3—Policy

1. Conduct transportation system

planning and analysis using the best

available science at the appropriate

scale and in conjunction with other

analyses to inform transportation

management decisions. Specifically,

transportation analysis can assist

transportation planners in:

a. Determining the need for access to

National Forest System lands;

b. Identifying the infrastructure

required to provide that access; and

c. Considering and minimizing effects

of transportation facility construction,

reconstruction, maintenance, and

decommissioning on ecological

processes and ecosystem health,

diversity, and productivity.

2. Involve, interact, and coordinate

with adjacent landowners, citizens

groups, State, local, and Tribal

governments, and other Federal

agencies. This collaboration is

fundamental to effective transportation

analysis and planning.

3. Identify and determine the priority

areas where detailed transportation

analysis, including roads analysis (FSM

7712.1), is essential for achieving land

and resource management direction.

4. Ensure that road construction,

reconstruction, and maintenance

standards or criteria are guided by roads

analysis (FSM 7712.1) and documented

through the use of road management

objectives (FSM 7712.5).

7710.4—Responsibility

7710.41—Deputy Chief, National Forest

System

The Deputy Chief, National Forest

System, has the authority to approve or

rescind roads analysis processes for

field use.

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. Serve as the Responsible Official on

any environmental impact statement on

road construction or reconstruction in

inventoried roadless and certain

unroaded areas as identified in FSM

7712.16.

7710.43—Forest Supervisor

The Forest Supervisor is delegated the

authority and assigned the

responsibility to:

1. Consult and involve Federal, State,

local, and Tribal transportation agencies

in land and resource management

planning to ensure coordination of the

overall transportation system.

2. Develop and maintain a forest

transportation atlas in compliance with

FSM 7711 and 36 CFR Part 212.

3. Complete and maintain an

inventory of classified and unclassified

roads.

4. Assign transportation analysis to

personnel with skills in engineering,

hydrology, biology, and other related

knowledge and skills.

5. Accomplish roads analysis at the

appropriate scale and as directed in

FSM 7712.1 and FSM 7712.15, and

document the results.

6. Develop and recommend to the

Regional Forester annual and multi-year

schedules of proposed road

construction, reconstruction, and

decommissioning projects.

7710.44—District Rangers

Unless reserved by the Forest

Supervisor, the District Ranger has

authority to approve road management

objectives (FSM 7712.5).

7711—Forest Transportation Atlas &

Records

7711.01—Authority

The regulations at Part 212 of Title 36

of the Code of Federal Regulations (36

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices 3233

CFR, Part 212) address how the Forest

Service is to administer the Forest

Transportation System. Section 212.2

requires an atlas as a component of the

forest transportation program, as

follows:

Section 212.2—Forest Transportation

System

(a) For each national forest, national

grassland, experimental forest, and any other

unit of the National Forest System as defined

in § 212.1 and listed in 36 CFR Part 200,

Subpart A, the Forest Supervisor or other

responsible official must develop and

maintain a forest transportation atlas which

is to be available to the public at

administrative headquarters units. The

purpose of the atlas is to display the system

of roads, trails, and airfields of the unit. The

atlas consists of the geo-spatial, tabular, and

other data to support analysis needs and

resource management objectives identified in

land management plans. The atlas is a

dynamic document that changes in response

to new information on the existence and

condition of roads, trails, and airfields of the

unit. The atlas does not contain inventories

of temporary roads, which are tracked by the

project or activity authorizing the temporary

road. The content and maintenance

requirements for the atlas are identified in

the Forest Service directive system (36 CFR

200).

7711.03—Policy

The transportation atlas is the official

repository of transportation facility

decisions for each National Forest and

National Grassland.

1. Building the Forest Transportation

Atlas. The initial transportation atlas for

each national forest and grassland

consists of those maps, inventories,

plans, and associated information

available as of [January 12, 2001]. Units

are to add to this initial information in

accordance with direction in this

chapter and other chapters of Title 7700.

2. Maintaining the Transportation

Atlas. Maintain a current record of

forest transportation facilities in the

atlas. Use the ongoing real property and

condition survey updates (FSM 6446) as

appropriate. Use the Forest Service

Infrastructure database (INFRA) for the

storage and analysis of information in

the transportation atlas.

7711.1—Forest Road Atlas

1. The forest road atlas is a key

component of the forest transportation

atlas and, consistent with the road

inventory, includes all classified and

unclassified roads on National Forest

System lands.

2. The road atlas includes, at a

minimum, the location, jurisdiction,

and road management objectives for

classified roads and bridges and the

location of unclassified roads and any

management actions taken to change the

status of unclassified roads.

3. Data and other information

contained in the road atlas should be

used to support roads analysis.

4. Unit transportation managers shall

document changes in road management

status, including changes such as

accomplishment of decommissioning

objectives or the addition of an

unclassified road to the forest road

system.

5. Temporary roads are not intended

to be included as part of the forest road

atlas, as they are managed by the

projects or activities under which they

are authorized and decommissioned at

the conclusion of the authorized

activity.

7712—Transportation Analysis

Conduct transportation analysis at

appropriate scales using the best

available science that considers access

needs and concerns. Coordinate the

analysis with other ecosystem

assessments and analyses.

7712.01—Authority

The regulations at Title 36 of the Code

of Federal regulations § 212.5 establish

the minimum requirements for the road

system, using a science-based roads

analysis, and identifying unneeded

roads as follows:

(b) Road System—(1) Identification of road

system. For each national forest, national

grassland, experimental forest, and any other

units of the National Forest System (§ 212.1),

the responsible official must identify the

minimum road system needed for safe and

efficient travel and for administration,

utilization, and protection of National Forest

System lands. In determining the minimum

road system, the responsible official must

incorporate a science-based roads analysis at

the appropriate scale and, to the degree

practicable, involve a broad spectrum of

interested and affected citizens, other state

and federal agencies, and tribal governments.

The minimum system is the road system

determined to be needed to meet resource

and other management objectives adopted in

the relevant land and resource management

plan (36 CFR 219), to meet applicable

statutory and regulatory requirements, to

reflect long-term funding expectations, to

ensure that the identified system minimizes

adverse environmental impacts associated

with road construction, reconstruction,

decommissioning, and maintenance.

(2) Identification of unneeded roads.

Responsible officials must review the road

system on each National Forest and

Grassland and identify the roads on lands

under Forest Service jurisdiction that are no

longer needed to meet forest resource

management objectives and that, therefore,

should be decommissioned or considered for

other uses, such as for trails.

Decommissioning roads involves restoring

roads to a more natural state. Activities used

to decommission a road include, but are not

limited to, the following: reestablishing

former drainage patterns, stabilizing slopes,

restoring vegetation, blocking the entrance to

the road, installing water bars, removing

culverts, reestablishing drainage-ways,

removing unstable fills, pulling back road

shoulders, scattering slash on the roadbed,

completely eliminating the roadbed by

restoring natural contours and slopes, or

other methods designed to meet the specific

conditions associated with the unneeded

road. Forest officials should give priority to

decommissioning those unneeded roads that

pose the greatest risk to public safety or to

environmental degradation.

7712.02—Objectives

The objectives of transportation

analysis are as follows:

1. To identify transportation

management opportunities and

priorities.

2. To assess transportation

management needs, long-term funding,

and expected ecosystem, social, and

economic effects, including effects on

the values of roadless and unroaded

areas.

3. To establish transportation

management objectives and priorities.

7712.03—Policy

Forest Service regulations

implementing the Forest and Rangeland

Renewable Resources Planning Act, as

amended by the National Forest

Management Act, require integration of

transportation planning into an

interdisciplinary effort that produces

Regional, forest, and site-specific project

plans. In planning for and analyzing the

transportation system, perform the

following:

1. Assess economic costs and benefits

along with social, physical, and

biological factors when identifying

transportation facility options.

2. Assess effects of transportation

facility options on ecological processes

and ecosystem health, diversity, and

productivity.

3. Consider the needs of all parties

when developing transportation system

opportunities in areas of intermingled

ownership.

4. Consider long-and short-term uses,

including possible mechanized, nonmechanized, and off-highway vehicle

uses, when analyzing transportation

facilities.

5. Actively engage the public in

transportation analysis.

6. Use the forest transportation atlas

as a record of transportation facility

decisions, including:

a. Documenting road management

objectives

b. Identifying all classified and

unclassifed roads,

3234 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices

c. Documenting the results of

transportation analysis, and

d. Documenting road management

project priorities.

7712.1—Roads Analysis

The Responsible Official shall

incorporate an interdisciplinary sciencebased roads analysis into multi-forest,

forest-scale, and watershed or area-scale

analyses and assessments to inform

planners and decisionmakers of road

system opportunities, needs, and

priorities that support land and resource

management objectives. Conducted by

an interdisciplinary team, the sciencebased roads analysis process provides

Responsible Officials with critical

information needed to identify and

manage a minimum road system that is

safe and responsive to public needs and

desires, is affordable and efficient, has

minimal adverse effects on ecological

processes and ecosystem health,

diversity, and productivity of the land,

and is in balance with available funding

for needed management actions.

Units are to use an authorized

science-based roads analysis process,

such as that described in the report

Roads Analysis: Informing Decisions

About Managing the National Forest

Transportation System (USDA Forest

Service, 1999, Misc. Report FS–643).

Pursuant to FSM 7710.41, the Deputy

Chief, National Forest Systems, may

approve other science-based analysis

methods for field use through

amendments to this chapter. Although

concluding an initial roads analysis is

important, conduct additional iterations

of analysis as needed to address changes

in conditions, such as available funding,

inventory and monitoring results, severe

disturbance events, or new regulatory

requirements.

7712.11—Outcomes

The roads analysis results in a report

and accompanying maps that document

the information and analysis methods

used to identify social and

environmental opportunities, problems,

risks, and priorities for future road

management. The report documents the

key findings of the analysis and

contains graphical, tabular, and geospatial displays of the transportation

system options, including a minimum

road system. It is important that the

roads analysis identify access needs and

opportunities that are based on current

budget levels and realistic projections of

future funding. Analysts should locate,

interpret, and use relevant scientific

literature in the analysis and disclose

assumptions on which the analysis is

based. See section 7712.12 for detailed

guidance on the various scales of

analyses and their findings.

While the report contains factual

information concerning the

transportation system, road management

decisions are not a product of roads

analysis. Rather, road management

decisions must be informed by roads

analysis and disclosed in an appropriate

NEPA document (FSM 1950 and FSH

1909.15). FSM 7712.1 ‘‘ Exhibit 01

illustrates road management options.

Update the transportation atlas (FSM

7711.03), as appropriate, based upon

decisions reached after the

environmental analysis process (NEPA).

Also, update the atlas if a decision

changes road management objectives

(FSM 7712.5).

7712.12—Integration With Land and

Resource Management Plans

The roads analysis evaluates road

system opportunities and needs within

the context of land and resource

management direction. Roads analysis

includes opportunities for public

participation and emphasizes

interdisciplinary team identification

and evaluation of road issues and

opportunities.

7712.12a—Roads Analysis as Part of

Forest Plan Revision or Amendment

The Responsible Official must use the

results and findings of the roads

analysis process with other ecological

assessments when addressing issues

raised in forest planning. Conducting a

forest-scale analysis does not compel a

forest plan amendment or revision.

7712.12b—Road Management Project

Planning

1. New Road Construction. Consistent

with the direction in FSM 7703.1,

ensure that the addition of new roads

serves a documented need and that the

decision is informed by a roads analysis

(FSM 7712.1).

2. Maintenance, Reconstruction, and

Decommissioning. Use roads analysis

(FSM 7712.1) to evaluate opportunities

and priorities for reconstruction and

decommissioning of roads and to

provide the context at a scale and

intensity commensurate with the scope

of the road management issue or

concern. Implementation of road

maintenance activities does not require

a roads analysis before proceeding;

however, roads analysis is a useful

management tool to help set

maintenance priorities.

7712.13—Scope and Scale of Roads

Analysis

When proposed road management

activities 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

(road construction, reconstruction, and

decommissioning), those decisions must

be informed by roads analysis (FSM

7712.1) except as provided in section

7712.13c. Generally, road management

decisions should be informed by roads

analysis at a broad scale. Responsible

Officials must choose the appropriate

scale for such an analysis and the degree

of detail that is appropriate and

practical. Site-specific projects may be

informed by a watershed roads analysis,

if the Responsible Official determines

the scope and scale of issues under

consideration warrant its use. FSM

7712.13—Exhibit 01 provides a

snapshot of the scope and scale of roads

analysis and its integration into

planning and decisionmaking.

7712.13a—Roads Analysis for LargeScale Assessments

1. Roads analysis is an integral part of

multi-forest or eco-region assessments.

At this scale, consider the following:

a. Broad scale issues, such as habitat

connectivity, strongholds for aquatic

and terrestrial species, sources of clean

water, cumulative effects, and other

ecosystem values.

b. Integration of other Federal agency,

State, county, local, and Tribal

transportation systems, and their multiyear transportation plans with the forest

transportation system.

c. Potential program opportunities for

new or revised forest highways, public

lands highways, and public Forest

Service roads.

d. Current and likely funding levels

available to support road construction,

reconstruction, maintenance, and

decommissioning.

7712.13b—Roads Analysis at the Forest

or Area Scale

Roads analysis at the forest scale is

critically important, as it provides a

context for road management in the

broader framework of managing all

forest resources. Close coordination

with broader scale ecosystem

assessments and analyses is essential.

Area-scale assessments may be

appropriate on forests with assessment

areas composed of islands or groups of

islands, on forests with widely

separated units, or in areas where

watershed boundaries do not make

logical or effective assessment

boundaries. Examples include forests

with large physically or ecologically

discrete subdivisions such as the large

islands in southeast Alaska, or widely

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices 3235

separated units of National Forests such

as: National Forests in Texas,

Mississippi, Florida, Missouri, and

Louisiana, or on forests where

watershed boundaries do not make

logical or effective assessment

boundaries, such as the coastal plains of

the eastern United States.

1. Consider the following at this scale:

a. Environmental issues potentially

affected by road management proposals,

such as soil and water resources,

ecological processes, invasive species

spread, and biological communities.

b. Social issues potentially affected by

road management proposals such as

socio-economic impacts, public access,

and accessibility for handicapped

persons.

c. An evaluation of the transportation

rights-of-way acquisition needs.

d. The interrelationship of State,

county, Tribal, and other Federal agency

transportation facility effects on land

and resource management plans and

resource management programs.

e. Transportation investments

necessary for meeting resource

management plans and programs.

f. Current and likely funding levels

available to support road construction,

reconstruction, maintenance, and

decommissioning.

2. Prepare a report with

accompanying map(s) that documents

the information and analysis methods

used to identify access and

environmental priorities, issues, and

guidelines for future road management

and the key findings. At a minimum, the

report will:

a. Inventory and map all classified

roads, and display how these roads are

intended to be managed.

b. Provide guidelines for addressing

road management issues and priorities

related to construction, reconstruction,

maintenance, and decommissioning.

c. Identify significant social and

environmental issues, concerns, and

opportunities to be addressed in project

level decisions.

d. Document coordination efforts with

other government agencies and

jurisdictions.

7712.13c—Informing Decisions 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

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.

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.

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.

7712.13d—Special Implementation

Considerations

Ongoing, large-scale ecosystem

planning efforts of the Columbia River

Basin and the Sierra Nevada Framework

assessment are exempt from the

requirements of FSM 7712.1 to conduct

a roads analysis.

7712.14—Road Inventory

Road inventories support roads

analysis and road decisions at various

scales and consist of geo-spatial data

(maps, aerial photos, etc), physical

attribute data, and an assessment of road

condition to determine if a road is

meeting resource management

objectives and access needs. The

inventory information to be gathered

varies by the scale of assessment.

1. Inventories at Multi-forest and

Forest Scale. Inventories at these scales

provide information needed to conduct

broader assessments of road

management needs and, therefore,

require less site-specific information.

a. Classified Road Inventory. Geospatial and physical attribute

information is needed for all classified

roads, whereas the assessment of

individual road condition would be

most important for the major

transportation routes (arterials and

collectors) or those determined to be of

key importance by the forest.

b. Unclassified Road Inventory.

Information needed for unclassified

roads is usually that obtained from

existing data and other readily available

sources of information, such as aerial

photographs.

2. Inventories at Watershed and Area

Scale. At these scales a comprehensive

and complete inventory of all classified,

unclassified, and temporary roads is

required in order to conduct analyses

that inform site-specific decisions, to set

priorities for road management actions,

and to identify special situations.

Use the INFRA database to store the

physical attributes on all classified and

unclassified roads. FSM 7712.14

Exhibit-01, entitled Road Inventory

Necessary at Various Scales of Road

Analysis and located in Appendix B of

this document, illustrates the roads

analysis objectives and the inventory

data to be collected at various scales.

7712.15—Deadlines for Completing

Roads Analyses

(Note: The dates in this section will be

calculated by the Forest Service Directive

Manager when this amendment is issued to

field employees.)

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 section 7712.13:

a. Decisions made before July 12, 2001

do not require a roads analysis.

b. Decisions made after July 12, 2001

must be informed by a roads analysis.

2. Forest-Scale Road 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

July 12, 2001 do not need to complete

a forest-scale roads analysis (sec.

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. Those units that have begun

revision or amendment of their forest

plans but will not adopt a final revision

or final amendment by July 12, 2001

must complete a roads analysis prior to

3236 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices

adoption of the final plan revision or

amendment.

b. In specific cases where forests are

undergoing forest plan revision or

amendment, and circumstances are such

that additional time for completion of

forest-scale roads analysis would be

desirable for integration into the forest

plan revision or amendment, the

Regional Forester may request approval

from the Chief for an extension.

7712.16—Interim Requirements for

Road Construction/Reconstruction in

Inventoried Roadless and Contiguous

Unroaded areas

The requirements of section

7712.16a—7712.16d do not revoke,

suspend, or modify any project or

activity decision, or permit, contract or

other legal instrument authorizing

occupancy and use of National Forest

System land issued prior to January 12,

2001.

7712.16a—Areas Subject to Interim

Requirements

Until a comprehensive road inventory

and forest-scale roads analysis have

been completed and incorporated into

the applicable forest plan, the direction

in FSM 7712.16a through 7712.16c

applies to the following areas:

1. Inventoried roadless areas, as

defined in FSM 7705, are identified in

a set of inventoried roadless area maps,

contained in Forest Service Roadless

Area Conservation, Draft Environmental

Impact Statement, Volume 2, dated May

2000, which are held at the National

headquarters office of the Forest

Service, or any update or revision of

those maps.

2. Contiguous unroaded areas of more

than 1,000 acres that are contiguous to

RARE II inventoried roadless areas or

contiguous to areas inventoried in land

and resource management plans,

contiguous to Congressionally

designated wilderness areas or Federally

administered components of National

Wild and Scenic River Systems

classified as Wild, or contiguous to

unroaded areas of 5,000 acres or more

on other Federal lands. These areas of

1,000 acres or more must have a

common boundary of considerable

length, be at least one-quarter mile in

width, and provide important corridors

for wildlife movement or extend a

unique ecological value of the

established inventoried area.

7712.16b—Interim Requirements

1. Except as provided for in FSM

7712.16c, road construction or

reconstruction in inventoried roadless

and contiguous unroaded areas (FSM

7716) may be authorized only if:

a. The Regional Forester determines,

for the purposes of this section, a

compelling need for a road;

b. A science-based roads analysis is

conducted pursuant to FSM 7712.1; and

c. An environmental impact statement

for the proposed action is prepared and

approved by the Regional Forester. Road

construction and reconstruction in

inventoried roadless and contiguous

unroaded areas constitute a significant

environmental effect, as defined in the

Council on Environmental Quality

regulations (40 CFR Part 1508) and the

Forest Service Environmental

Procedures Handbook (FSH1909.15,

Section 05) and, therefore, requires the

preparation of an environmental impact

statement (FSH1909.15, Section 20.6).

The environmental impact analysis

provides the basis for the Regional

Forester decision on whether to

construct or reconstruct a road in

inventoried roadless or contiguous

unroaded areas.

2. Examples of compelling need, for

the purposes of this section, may

include, but are not limited to:

a. Roads needed for critical resource

restoration and protection.

b. Road realignment 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.

c. Road access is needed pursuant to

reserved or outstanding rights or as

provided by statute or treaty.

d. Roads needed to restore wildlife

habitat.

To the extent consistent with the

Tongass National Forest Land and

Resource Management Plan and all

applicable laws, the Regional Forester

for Region 10, for the purposes of this

section, has specific authority to

determine that a compelling need exists

to provide for the multiple-use and

sustained-yield of all renewable

resources of the Tongass National

Forest, including seeking to meet market

demand for timber.

3. Environmental mitigation and

environmental restoration of

unclassified roads are appropriate in

inventoried roadless and contiguous

unroaded areas and must follow NEPAbased decisionmaking processes.

However, reconstruction or

maintenance of unclassified roads in

inventoried roadless and contiguous

unroaded areas is inappropriate, other

than to prevent or correct resource

damage, as such activity would lead to

de facto road development.

7712.16c—Duration of the Interim

Requirements

The interim requirements set forth in

FSM 7712.16 through 7712.16b remain

in effect until the forest-scale roads

analysis has been completed, and either

(1) the forest plan has been amended or

revised or (2) the Forest Supervisor

makes a written determination that the

forest plan does not require amendment

or revision to reflect the findings of the

roads analysis.

While the intent of the forest-scale

roads analysis is to ensure an integrated

consideration of access needs and

opportunities as well as the effects of

transportation management on the

resources of the forest, there may be

situations where an intensive area-scale

roads analysis is appropriate (FSM

7712.13b). These specific areas may be

relieved from the interim requirements

upon completion of an intensive areascale roads analysis and amendment or

revision of the forest plan, or once the

Forest Supervisor makes a written

determination that the forest plan does

not require amendment or revision as a

result of the area-scale analysis.

7712.16d—Exemptions From Interim

Requirements

The procedures established in

sections 7712.16a and 7712.16b apply to

a proposal to construct or reconstruct a

road in an inventoried roadless or in

contiguous unroaded areas unless the

Responsible Official determines that one

of the following circumstances exists:

1. 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.

2. A road is needed to conduct a

response action under the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) or to conduct a natural

resource restoration action under

CERCLA, section 311 of the Clean Water

Act, or Oil Pollution Act.

3. 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 the

January 12, 2001 or for a new lease

issued immediately upon expiration of

an existing lease.

7712.3—Network Analysis

Network analysis may be conducted

as part of roads analysis to identify

access alternatives. The network

analysis shall establish four important

types of transportation cost data:

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Notices 3237

1. Environmental effects and possible

ecosystem restoration opportunities.

2. Construction, reconstruction,

decommissioning, and maintenance

costs of a road system to a specific area.

3. Variable user- and travel-related

costs over a road system for a resource

activity on a unit or output basis.

4. Life-cycle costs of operating and

maintaining the road network.

Reanalyze networks and cost

estimates when management practices

or management area direction change.

7712.4—Economic Analysis [Reserved]

7712.5—Road Management Objectives

Validate, revise, or establish road

management objectives for all classified

National Forest System roads to be

consistent with land management plan

direction, project decisions, and the

results and findings of roads analysis.

Road management objectives establish

the design criteria (FSM 7720) and

operation and maintenance criteria

(FSM 7730.3) for each road. The road

management objectives require approval

by the Responsible Official (usually the

District Ranger) and are included in the

forest road atlas (FSM 7710.44).

7712.6—Scheduling Projects

Integrate the scheduling of

decommissioning, reconstruction, and

construction project activities with

other resource activities in a timely

manner (FSM 1920).

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[FR Doc. 01–553 Filed 1–5–01; 4:30 pm]

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