Apache-Sitgreaves National Forests, Apache, Greenlee and Navajo Counties, AZ; Apache-Sitgreaves National Forests Public Motorized Travel Management Plan, 57514-57517 [E7-19872]
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57514
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
Extension of approval of an
information collection; comment
request.
rwilkins on PROD1PC63 with NOTICES
ACTION:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Animal and Plant
Health Inspection Service’s intention to
request an extension of approval of an
information collection associated with
regulations for the payment of
indemnity for the voluntary
depopulation of captive cervid herds
known to be affected with chronic
wasting disease.
DATES: We will consider all comments
that we receive on or before December
10, 2007.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov, select
‘‘Animal and Plant Health Inspection
Service’’ from the agency drop-down
menu, then click ‘‘Submit.’’ In the
Docket ID column, select APHIS–2007–
0093 to submit or view public
comments and to view supporting and
related materials available
electronically. Information on using
Regulations.gov, including instructions
for accessing documents, submitting
comments, and viewing the docket after
the close of the comment period, is
available through the site’s ‘‘User Tips’’
link.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. APHIS–2007–0093,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road, Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2007–0093.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue, SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: For
information on regulations for the
payment of indemnity for the voluntary
depopulation of captive cervid herds
known to be affected with chronic
wasting disease, contact Dr. Dean
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Goeldner, Chronic Wasting Disease
Program Manager, Ruminant Health
Programs, NCAHP, VS, APHIS, 4700
River Road, Unit 43, Riverdale, MD
20737; (301) 734–4916. For copies of
more detailed information on the
information collection, contact Mrs.
Celeste Sickles, APHIS’ Information
Collection Coordinator, at (301) 734–
7477.
SUPPLEMENTARY INFORMATION:
Title: Chronic Wasting Disease in
Cervids; Payment of Indemnity.
OMB Number: 0579–0189.
Type of Request: Extension of
approval of an information collection.
Abstract: The Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
regulates the importation and interstate
movement of animals and animal
products, and conducts various other
activities to protect the health of our
Nation’s livestock and poultry.
In connection with this mission,
APHIS established regulations to
provide for the payment of indemnity
by USDA for the voluntary
depopulation of captive cervid herds
known to be affected with chronic
wasting disease (CWD).
CWD is a transmissible spongiform
encephalopathy of cervids (elk, deer,
and other members of the deer family)
and is typified by chronic weight loss
leading to death. The presence of CWD
in cervids causes significant economic
and market losses to U.S. producers.
The regulations in 9 CFR part 55
authorize the payment of indemnity for
the voluntary depopulation of CWDpositive, -exposed, or -suspect captive
cervids. In order to take part in the
indemnity program, cervid producers
must apply for participation, must sign
a payment, appraisal, and agreement
form, and must certify as to whether any
other parties hold mortgages on the
herd. These requirements involve the
use of two information collection
instruments: An Appraisal/Indemnity
Claim Form (VS Form 1–23) and a Herd
Plan Agreement.
We are asking the Office of
Management and Budget (OMB) to
approve our use of these information
collection activities for an additional 3
years.
The purpose of this notice is to solicit
comments from the public (as well as
affected agencies) concerning this
information collection. These comments
will help us:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information will have practical utility;
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(2) Evaluate the accuracy of our
estimate of the burden of the
information collection, including the
validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
information collection on those who are
to respond, through use, as appropriate,
of automated, electronic, mechanical,
and other collection technologies, e.g.,
permitting electronic submission of
responses.
Estimate of burden: The public
reporting burden for this collection of
information is estimated to average 1
hour per response.
Respondents: Cervid herd owners;
State personnel who perform appraisal
and herd plan work.
Estimated annual number of
respondents: 10.
Estimated annual number of
responses per respondent: 1.
Estimated annual number of
responses: 10.
Estimated total annual burden on
respondents: 10 hours. (Due to
averaging, the total annual burden hours
may not equal the product of the annual
number of responses multiplied by the
reporting burden per response.)
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Done in Washington, DC, this 3rd day of
October 2007.
Cindy J. Smith,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. E7–19883 Filed 10–9–07; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Forest Service
Apache-Sitgreaves National Forests,
Apache, Greenlee and Navajo
Counties, AZ; Apache-Sitgreaves
National Forests Public Motorized
Travel Management Plan
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
ACTION:
SUMMARY: The Forest Service proposes
to designate which routes (roads and
trails) and areas on federal lands
administered by the Forest Service
within the Apache-Sitgreaves National
Forests (Forests) are open to motorized
travel. In doing so, the agency will
comply with the requirements of the
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Forest Service 2005 Travel Management
Rule. The Forest Service will produce a
Motorized Vehicle Use Map (MVUM)
that reveals those routes and areas on
the Apache-Sitgreaves National Forests
that are open to motorized travel. The
MVUM will be the primary tool used to
determine compliance and enforcement
with motor vehicle use designations on
the ground. Existing routes, user-created
routes and areas not designated as open
on the MVUM will be legally closed to
motorized travel except as allowed by
permit or other authorization. Crosscountry motorized travel will be
prohibited except by special permit. The
decisions on motorized travel do not
include over-snow travel or existing
winter-use recreation.
DATES: Comments concerning the scope
of the analysis must be received by
January 11, 2008. The draft
environmental impact statement is
expected to be released in September
2008, and the final environmental
impact statement is expected in
December 2008.
ADDRESSES: Send written comments to
Travel Management, Apache-Sitgreaves
National Forests, P.O. Box 640,
Springerville, AZ 85938. Electronic
comments may be sent to commentssouthwestern-apachesitgreaves@fs.fed.us with ‘‘Travel
Management’’ in the subject line.
Electronic comments must be readable
in Microsoft Word (.doc), rich text (.rtf),
Portable Document Format (pdf), text
(.txt), or hypertext markup language
(.html).
FOR FURTHER INFORMATION CONTACT: Jim
Copeland, Team Leader at (928) 333–
4301/(928) 339–4384.
Purpose and Need for Action
The purpose of this action is to
improve management of motorized (36
CFR 212.1, Motor Vehicle) vehicle travel
on National Forest System (NFS) lands
within the Apache-Sitgreaves National
Forests (Forests) in accordance with
provisions identified in 36 CFR parts
212, 251, 261, and 295 Travel
Management; Designated Routes and
Areas for Motor Vehicle Use; Final Rule.
Currently, wheeled motorized vehicle
travel by the public is not prohibited off
designated routes except by signed
Forests Orders. The number of user
created routes continues to grow each
year, with many routes having
environmental impacts and safety
concerns that have not been addressed.
Therefore, there is a need to manage the
Forests’ transportation system in a
sustainable manner through designation
of NFS roads, motorized NFS trails, and
areas for motor vehicle use, and the
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prohibition of motorized cross-country
travel (except by permit or special
order).
Proposed Action
The proposed action is to designate
roads, trails, and areas open to
motorized travel on lands administered
by the Apache-Sitgreaves National
Forests (Forests). Where it is appropriate
and necessary, the designations will
also specify seasons of use, type of
vehicle(s) permitted, and types of use
for those roads, trails, and areas. In
doing so, the Forests will comply with
requirements of the Forest Service 2005
Travel Management Rule (36 CFR part
212). As a result of these travel
management decisions, the Forests will
produce a Motorized Vehicle Use Map
(MVUM) depicting those routes and
areas on the Apache-Sitgreaves National
Forests that are open to motorized
travel. The MVUM will be the primary
tool used to determine compliance and
enforcement with motor vehicle use
designations on the ground. Existing
routes, user-created routes and areas not
designated as open on the MVUM will
be legally closed to motorized travel
except as allowed by permit or other
authorization. Cross-country motorized
travel will be prohibited except by
special permit.
In order to implement the proposed
action, it would be necessary to amend
some existing direction and terminology
in the 1987 Apache-Sitgreaves National
Forests Plan, as amended. These
changes to the Forests Plan direction
would be enduring changes and would
apply to this decision and all
subsequent project decisions unless and
until further modified.
Proposed travel management-related
changes to the Forests Plan are based on
elements of the travel management rule,
public meeting comments, District and
Core Travel Management Team
recommendations, and Forests
Leadership Team decisions. The goal is
to provide a transportation system that
is within the Forests’ ability to manage
(operate and maintain) and provide a
variety of users with a diverse
experience while minimizing impacts to
natural resources.
The Forests transportation system
open to motorized travel under this
proposal would be approximately 2,892
miles. This is a change of approximately
56 miles from the existing condition of
approximately 2,948 open miles. In
addition, hundreds of miles of currently
used closed roads (roads identified as
closed in the Forests’ database) and user
created roads not identified as open
under this proposal would no longer be
open to motorized use. New project
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decisions, subsequent to this decision
could change this system without
amending the Forests Plan.
The proposed transportation system
was developed with extensive public
input and addresses a variety of
concerns, including access to private
lands within the National Forests
boundary, funding, and access to the
Forests for motorized and nonmotorized recreation. Specifically, this
proposed transportation system would
allow for a balance between various
recreational and commercial uses of the
Forests. It would provide for various
forms of reasonable motorized use on a
designated system of routes in a
responsible manner that addresses
multiple resource concerns.
The proposed transportation system is
depicted in detail on the ApacheSitgreaves National Forests Travel
Management Plan Proposed Action Map
located on the Forests Web Site:
https://www.fs.fed.us/r3/asnf/projects/
travel-mangement.shtml. In addition,
maps will be available for viewing at:
Supervisor’s Office, 30 South
Chiricahua St., Springerville, AZ.
Alpine Ranger District, Junction Hwy
180 & 191, Alpine, AZ.
Black Mesa Ranger District, 2748 E.
Hwy 260, Overgaard, AZ.
Clifton Ranger District, 397240 AZ 75,
Duncan, AZ.
Springerville Ranger District, 165 S.
Mountain Ave., Springerville, AZ.
Lakeside Ranger District, 2022 W. White
Mountain Blvd., Lakeside, AZ.
Other existing routes not shown on
this map would not be open to public
motorized travel. New routes would not
be created except by written decision of
an authorized Forest Service official.
Unauthorized new routes would not be
approved for public travel. If this
proposal is selected for implementation,
the information on this map would
become the Motor Vehicle Use Map
(MVUM) required by regulation and
agency policy.
Under this proposal most of the route
mileage would occur on existing
National Forest System (NFS) routes
currently open to the public for
motorized travel. This proposal also
includes designation of some currently
unauthorized routes to connect existing
NFS routes.
Approximately 8 miles of NFS roads
would be designated for mixed-use as
‘‘roads open to all vehicles.’’ NFS roads
not considered for mixed-use would be
designated as ‘‘roads open to highway
legal vehicles only’’ (2,627 miles), or
‘‘routes open only to vehicles 50’’ or
‘‘less in width’’ (257 miles) .
This proposal would allow crosscountry motorized game retrieval, up to
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1 mile from a designated route, of
legally harvested elk and mule deer
during certain seasons, in certain Game
Management Units, during certain times
of the day. This proposal would also
allow CHAMP permit holders the ability
for cross-country motorized game
retrieval, up to 1 mile from a designated
route, of legally harvested elk, mule
deer, and black bear. Cross-country
motorized big game retrieval (MBGR)
will be subject to other existing
regulations intended to protect natural
and/or heritage resources. This includes
compliance with regulations addressing
use of vehicles off roads (36 CFR
261.15), National Forest Wilderness (36
CFR 261.18), and National Forest
Primitive Areas (36 CFR 261.21), as well
as other applicable laws and
regulations. No MBGR will be allowed
in Wilderness or Primitive Areas. The
intent of this segment of the proposal is
to reduce spoilage and waste by
providing reasonable access to downed
animals that are difficult to move long
distances without motorized assistance.
Motorized cross-country retrieval of
other game animals would not be
allowed under this proposal because
these animals are small enough to
retrieve without motorized assistance.
This proposal is consistent with 36 CFR
212.51(8)(b) and the recommendation
from Arizona Game and Fish
Department.
This proposal would allow forest
products gathering, such as firewood
and pinyon nuts, following Regional
Office guidelines for Forestry Program
Activities. Motorized cross-country
travel to facilitate the gathering of forest
products will be managed by the Forests
product permit system. The permit
issued for gathering of forest products
will specify what, if any, motorized
cross-country travel is authorized for the
purposes of gathering those products.
Removal of lighter forest products such
as plants, plant parts, dry cones, grasses,
grass seed, pinyon seed, herbs and
edibles, mistletoe and mushrooms,
would not generally require motorized
cross-country travel, and motorized
cross-country travel would not generally
be authorized. Tribal rights would be
honored through free permits.
This proposal would allow dispersed
camping off designated routes, in
certain areas, under certain conditions.
In all cases where dispersed camping is
allowed, motorized vehicles would be
restricted to within 300 feet from the
centerline of designated routes, using
the most direct route to the camp site.
This would allow for reasonable
recreational use of the Forests while
reducing the potential for resource
damage. Designated routes along which
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dispersed camping would be allowed
will be shown on the MVUM.
This proposal would allow dispersed
camping at designated dispersed
campsites, in certain areas, under
certain conditions. In all cases where
camping at designated dispersed
campsites is allowed, motor vehicles
would be restricted to within 100 feet
from the sign designating the dispersed
campsite. Motor vehicles would use the
most direct route to the campsite. This
would allow for reasonable recreational
use of the Forests while reducing the
potential for resource damage.
Designated dispersed campsites will be
shown on the MVUM.
Under this proposal, off-road parking
would be allowed along designated
routes under certain conditions. Primary
considerations in designating this policy
were user safety and resource
protection. Draft Forest Service Manual
direction would allow parking off
designated routes, not to exceed a
distance of one vehicle length.
This proposal would allow crosscountry motorized travel in seven
designated Areas that total
approximately 1,433 acres. This would
allow for reasonable recreational use of
the Forests while reducing the potential
for resource damage. Designated crosscountry travel Areas will be shown on
the MVUM.
Responsible Official
The Responsible Official is Elaine
Zieroth, Forests Supervisor, ApacheSitgreaves National Forests, P.O. Box
640, Springerville, AZ 85938.
Nature of Decision To Be Made
Based on the purpose and need for the
proposed action, the Forests Supervisor
will evaluate the Proposed Action and
other alternatives in order to decide
whether to adopt and implement the
proposed action, an alternative to the
proposed action, or take no action to
make changes to the existing ApacheSitgreaves National Forests
transportation system. Once the
decision is made, the Apache-Sitgreaves
National Forests will publish a Motor
Vehicle Use Map identifying the roads,
trails, and areas that are designated for
motor vehicle use. The MVUM shall
specify the classes of vehicles and, if
appropriate, the times of year for which
use is designated.
Federal land managers are directed
(Executive Order 11644, 36 CFR 212,
and 43 CFR 8342.1) to provide for
public use of routes designated as open,
to ensure that the use of motorized
vehicles and off-road vehicles will be
controlled and directed so as to protect
the resources of those lands under their
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authority, to promote the safety of users,
and to minimize conflicts among
various users of federal lands.
Public Involvement
Preliminary public involvement was
initiated in June, 2006, in an effort to
familiarize the public and stakeholders
with the objectives of travel
management. The Apache-Sitgreaves
National Forests hosted and participated
in numerous public meetings and
workshops across the Forests and local
communities.
The National Off-Highway Vehicle
Conservation Council (NOHVCC) in
cooperation with the Apache-Sitgreaves
National Forests conducted OHV Route
Designation Workshops November 16–
19, 2006 in Show Low, AZ for agency
personnel and the public. The purpose
of these workshops was to assist the
Forest Service and public in effective
implementation of the USFS Travel
Management Rule.
The public was also asked to provide
input to the Forests on routes they
wanted to remain open and/or closed or
those routes that may be in conflict with
other desired conditions. Initial public
involvement continues up to the point
that this NOI is published in the Federal
Register. To date, the Forests have
received over 7,000 comments including
numerous comments on individual
routes, a large number of general
comments, and some area-wide
comments. This preliminary public
input has been invaluable in helping the
Forests develop this proposed action. A
summary of the comments received to
date is posted on the Forests Web Site
https://www.fs.fed.us/r3/asnf/projects/
travel-mangement.shtml.
Scoping Process
Public participation will be especially
important at several points during the
analysis. The Forests will be seeking
information, comments, and assistance
from Federal, State, and other local
agencies and other individuals or
organizations that may be interested in
or affected by the proposed action. The
Forests will conduct meetings to solicit
comments from the public and
interested parties on this proposal. The
meetings are scheduled from 5 p.m. to
8 p.m. at the following locations:
Lakeside, AZ—November 6, 2007
(Tuesday), Blue Ridge Junior High
School Cafeteria, 1200 West White
Mountain Blvd.
Eagar, AZ—November 7, 2007
(Wednesday), Eagar Town Hall, 22
West 2nd St.
Clifton, AZ—November 8, 2007
(Thursday), Clifton Community
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Center, Clifton Train Depot, 100 North
Coronado Blvd (U.S. Highway 191).
Overgaard, AZ—November 13, 2007,
(Tuesday), Rim Country Senior
Center, 2171 B Street.
Alpine, AZ—November 14, 2007,
(Wednesday), Alpine Community
Center, 42661 U.S. Highway 180.
Notices of these meetings and
requests for comments will be posted on
the Forests Web Site and will be
published in local newspapers of
record.
Based on comments received as a
result of this notice and after the Forests
have conducted public meetings and
afforded the public sufficient time to
respond to the proposed action, the
Forests will use the public scoping
comments and resource related input
from the interdisciplinary team and
other agency resource specialists to
develop a set of significant issues to
carry forward into the environmental
analysis process. The draft
environmental impact statement (EIS) is
expected to be filed with the
Environmental Protection Agency (EPA)
and available for public review in
September, 2008. EPA will publish a
notice of availability of the draft EIS in
the Federal Register. The comment
period on the draft EIS will extend 45
days from the date the EPA notice
appears in the Federal Register. At that
time, the draft EIS will be posted on the
Forests Web Site and copies will be
distributed to interested and affected
agencies, organizations, and members of
the public for their review and
comment. It is very important that those
interested in the management of the
Apache-Sitgreaves National Forest
participate at that time. Those who
provide comments during the official
45-day comment period are eligible to
appeal the decision under 36 CFR part
215. Interest expressed or comments
provided on this project prior to or after
the close of the official comment period
will not constitute standing for appeal
purposes. Comments must meet the
requirements of 36 CFR 215.6.
The final EIS is scheduled to be
completed in January, 2009. In the final
EIS, the Forests are required to respond
to substantive comments received
during the comment period that pertain
to the environmental consequences
discussed in the draft EIS and
applicable laws, regulations, and
policies considered in making the
decision.
Preliminary Issues
The Forests have received some
indications of potential issues from the
initial public involvement process.
Those potential issues include:
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This notice of intent initiates the
scoping process which guides the
development of the environmental
impact statement for the ApacheSitgreaves National Forests Public
Wheeled Motorized Travel Management
Plan.
The Forests believe, at this early stage,
it is important to give reviewers notice
of several court rulings related to public
participation in the environmental
review process. First, reviewers of draft
environmental impact statements must
structure their participation in the
environmental review of the proposal so
that it is meaningful and alerts an
agency to the reviewer’s position and
contentions. Vermont Yankee Nuclear
Power Corp. v. NRDC, 435 U.S. 519, 553
(1978). Also, environmental objections
that could be raised at the draft
environmental impact statement stage
but that are not raised until after
completion of the final environmental
impact statement may be waived or
dismissed by the courts. City of Angoon
v. Hodel, 803 F.2d 1016, 1022 (9th Cir.
1986) and Wisconsin Heritages, Inc. v.
Harris, 490 F. Supp. 1334, 1338 (E.D.
Wis. 1980). Because of these court
rulings, it is very important that those
interested in this proposed action
participate by the close of the draft EIS
comment period so that substantive
comments and objections are made
available to the Forests at a time when
it can meaningfully consider them and
respond to them in the final
environmental impact statement.
To assist the Forests in identifying
and considering issues and concerns on
the proposed action, comments on the
draft environmental impact statement
should be as specific as possible. It is
also helpful if comments refer to
specific pages or chapters of the draft
statement. Comments may also address
the adequacy of the draft environmental
impact statement or the merits of the
alternatives formulated and discussed in
the statement. Reviewers may wish to
refer to the Council on Environmental
Quality Regulations for implementing
the procedural provisions of the
National Environmental Policy Act at 40
CFR 1503.3 in addressing these points.
Comments received, including the
names and addresses of those who
comment, will be considered part of the
public record on this proposal and will
be available for public inspection.
Early Notice of Importance of Public
Participation in Subsequent
Environmental Review
Authority: 40 CFR 1501.7 and 1508.22;
Forest Service Handbook 1909.15, Section
21.
A draft environmental impact
statement will be prepared for comment.
The comment period on the draft
environmental impact statement will be
45 days from the date the
Environmental Protection Agency
publishes the notice of availability in
the Federal Register.
Dated: October 2, 2007.
Robert S. Taylor,
Acting Forests Supervisor, Apache-Sitgreaves
National Forests.
[FR Doc. E7–19872 Filed 10–9–07; 8:45 am]
(1) Resource damage caused by
inappropriate types of vehicle use, (e.g.
motorized vehicles in fragile or steep
terrain); proliferation of routes (e.g.
parallel trails or roads, continued traffic
on closed roads and travel off
designated routes); and continued use
during seasonal restrictions (e.g. routes
closed to protect resources during wet
or muddy seasons).
(2) Disturbing or harming wildlife by
using routes in important or critical
wildlife habitat areas, too many roads in
wildlife habitat areas, and disturbances
to wildlife during critical lifecycle
periods.
(3) Concerns about recreational
opportunities, including loss of
recreational opportunities if crosscountry and existing routes are closed to
motorized travel; loss of primitive or
semi-primitive non-motorized
recreation opportunities if more routes
or areas are opened to motorized travel;
and how to appropriately and
reasonably accommodate the rapidly
growing number of motorized users
desiring to use federal lands for
recreational riding of OHVs.
(4) Concerns on how the system might
be designed to facilitate effective
enforcement.
(5) Safety concerns on routes where
multiple vehicle types (e.g. full-sized
trucks and cars, ATVs, motorcycles) are
allowed at the same time.
(6) Impacts to multiple use
management of the Forests if routes are
reduced.
The Forests recognize that this list of
issues is not complete and will be
further defined and refined as scoping
continues. The Forests intend to
develop a comprehensive list of
significant issues before the full range of
alternatives is developed and the
environmental analysis is begun.
Comment Requested
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Agencies
[Federal Register Volume 72, Number 195 (Wednesday, October 10, 2007)]
[Notices]
[Pages 57514-57517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19872]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Apache-Sitgreaves National Forests, Apache, Greenlee and Navajo
Counties, AZ; Apache-Sitgreaves National Forests Public Motorized
Travel Management Plan
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The Forest Service proposes to designate which routes (roads
and trails) and areas on federal lands administered by the Forest
Service within the Apache-Sitgreaves National Forests (Forests) are
open to motorized travel. In doing so, the agency will comply with the
requirements of the
[[Page 57515]]
Forest Service 2005 Travel Management Rule. The Forest Service will
produce a Motorized Vehicle Use Map (MVUM) that reveals those routes
and areas on the Apache-Sitgreaves National Forests that are open to
motorized travel. The MVUM will be the primary tool used to determine
compliance and enforcement with motor vehicle use designations on the
ground. Existing routes, user-created routes and areas not designated
as open on the MVUM will be legally closed to motorized travel except
as allowed by permit or other authorization. Cross-country motorized
travel will be prohibited except by special permit. The decisions on
motorized travel do not include over-snow travel or existing winter-use
recreation.
DATES: Comments concerning the scope of the analysis must be received
by January 11, 2008. The draft environmental impact statement is
expected to be released in September 2008, and the final environmental
impact statement is expected in December 2008.
ADDRESSES: Send written comments to Travel Management, Apache-
Sitgreaves National Forests, P.O. Box 640, Springerville, AZ 85938.
Electronic comments may be sent to comments-southwestern-apache-
sitgreaves@fs.fed.us with ``Travel Management'' in the subject line.
Electronic comments must be readable in Microsoft Word (.doc), rich
text (.rtf), Portable Document Format (pdf), text (.txt), or hypertext
markup language (.html).
FOR FURTHER INFORMATION CONTACT: Jim Copeland, Team Leader at (928)
333-4301/(928) 339-4384.
Purpose and Need for Action
The purpose of this action is to improve management of motorized
(36 CFR 212.1, Motor Vehicle) vehicle travel on National Forest System
(NFS) lands within the Apache-Sitgreaves National Forests (Forests) in
accordance with provisions identified in 36 CFR parts 212, 251, 261,
and 295 Travel Management; Designated Routes and Areas for Motor
Vehicle Use; Final Rule. Currently, wheeled motorized vehicle travel by
the public is not prohibited off designated routes except by signed
Forests Orders. The number of user created routes continues to grow
each year, with many routes having environmental impacts and safety
concerns that have not been addressed. Therefore, there is a need to
manage the Forests' transportation system in a sustainable manner
through designation of NFS roads, motorized NFS trails, and areas for
motor vehicle use, and the prohibition of motorized cross-country
travel (except by permit or special order).
Proposed Action
The proposed action is to designate roads, trails, and areas open
to motorized travel on lands administered by the Apache-Sitgreaves
National Forests (Forests). Where it is appropriate and necessary, the
designations will also specify seasons of use, type of vehicle(s)
permitted, and types of use for those roads, trails, and areas. In
doing so, the Forests will comply with requirements of the Forest
Service 2005 Travel Management Rule (36 CFR part 212). As a result of
these travel management decisions, the Forests will produce a Motorized
Vehicle Use Map (MVUM) depicting those routes and areas on the Apache-
Sitgreaves National Forests that are open to motorized travel. The MVUM
will be the primary tool used to determine compliance and enforcement
with motor vehicle use designations on the ground. Existing routes,
user-created routes and areas not designated as open on the MVUM will
be legally closed to motorized travel except as allowed by permit or
other authorization. Cross-country motorized travel will be prohibited
except by special permit.
In order to implement the proposed action, it would be necessary to
amend some existing direction and terminology in the 1987 Apache-
Sitgreaves National Forests Plan, as amended. These changes to the
Forests Plan direction would be enduring changes and would apply to
this decision and all subsequent project decisions unless and until
further modified.
Proposed travel management-related changes to the Forests Plan are
based on elements of the travel management rule, public meeting
comments, District and Core Travel Management Team recommendations, and
Forests Leadership Team decisions. The goal is to provide a
transportation system that is within the Forests' ability to manage
(operate and maintain) and provide a variety of users with a diverse
experience while minimizing impacts to natural resources.
The Forests transportation system open to motorized travel under
this proposal would be approximately 2,892 miles. This is a change of
approximately 56 miles from the existing condition of approximately
2,948 open miles. In addition, hundreds of miles of currently used
closed roads (roads identified as closed in the Forests' database) and
user created roads not identified as open under this proposal would no
longer be open to motorized use. New project decisions, subsequent to
this decision could change this system without amending the Forests
Plan.
The proposed transportation system was developed with extensive
public input and addresses a variety of concerns, including access to
private lands within the National Forests boundary, funding, and access
to the Forests for motorized and non-motorized recreation.
Specifically, this proposed transportation system would allow for a
balance between various recreational and commercial uses of the
Forests. It would provide for various forms of reasonable motorized use
on a designated system of routes in a responsible manner that addresses
multiple resource concerns.
The proposed transportation system is depicted in detail on the
Apache-Sitgreaves National Forests Travel Management Plan Proposed
Action Map located on the Forests Web Site: https://www.fs.fed.us/r3/
asnf/projects/travel-mangement.shtml. In addition, maps will be
available for viewing at:
Supervisor's Office, 30 South Chiricahua St., Springerville, AZ.
Alpine Ranger District, Junction Hwy 180 & 191, Alpine, AZ.
Black Mesa Ranger District, 2748 E. Hwy 260, Overgaard, AZ.
Clifton Ranger District, 397240 AZ 75, Duncan, AZ.
Springerville Ranger District, 165 S. Mountain Ave., Springerville, AZ.
Lakeside Ranger District, 2022 W. White Mountain Blvd., Lakeside, AZ.
Other existing routes not shown on this map would not be open to
public motorized travel. New routes would not be created except by
written decision of an authorized Forest Service official. Unauthorized
new routes would not be approved for public travel. If this proposal is
selected for implementation, the information on this map would become
the Motor Vehicle Use Map (MVUM) required by regulation and agency
policy.
Under this proposal most of the route mileage would occur on
existing National Forest System (NFS) routes currently open to the
public for motorized travel. This proposal also includes designation of
some currently unauthorized routes to connect existing NFS routes.
Approximately 8 miles of NFS roads would be designated for mixed-
use as ``roads open to all vehicles.'' NFS roads not considered for
mixed-use would be designated as ``roads open to highway legal vehicles
only'' (2,627 miles), or ``routes open only to vehicles 50'' or ``less
in width'' (257 miles) .
This proposal would allow cross-country motorized game retrieval,
up to
[[Page 57516]]
1 mile from a designated route, of legally harvested elk and mule deer
during certain seasons, in certain Game Management Units, during
certain times of the day. This proposal would also allow CHAMP permit
holders the ability for cross-country motorized game retrieval, up to 1
mile from a designated route, of legally harvested elk, mule deer, and
black bear. Cross-country motorized big game retrieval (MBGR) will be
subject to other existing regulations intended to protect natural and/
or heritage resources. This includes compliance with regulations
addressing use of vehicles off roads (36 CFR 261.15), National Forest
Wilderness (36 CFR 261.18), and National Forest Primitive Areas (36 CFR
261.21), as well as other applicable laws and regulations. No MBGR will
be allowed in Wilderness or Primitive Areas. The intent of this segment
of the proposal is to reduce spoilage and waste by providing reasonable
access to downed animals that are difficult to move long distances
without motorized assistance. Motorized cross-country retrieval of
other game animals would not be allowed under this proposal because
these animals are small enough to retrieve without motorized
assistance. This proposal is consistent with 36 CFR 212.51(8)(b) and
the recommendation from Arizona Game and Fish Department.
This proposal would allow forest products gathering, such as
firewood and pinyon nuts, following Regional Office guidelines for
Forestry Program Activities. Motorized cross-country travel to
facilitate the gathering of forest products will be managed by the
Forests product permit system. The permit issued for gathering of
forest products will specify what, if any, motorized cross-country
travel is authorized for the purposes of gathering those products.
Removal of lighter forest products such as plants, plant parts, dry
cones, grasses, grass seed, pinyon seed, herbs and edibles, mistletoe
and mushrooms, would not generally require motorized cross-country
travel, and motorized cross-country travel would not generally be
authorized. Tribal rights would be honored through free permits.
This proposal would allow dispersed camping off designated routes,
in certain areas, under certain conditions. In all cases where
dispersed camping is allowed, motorized vehicles would be restricted to
within 300 feet from the centerline of designated routes, using the
most direct route to the camp site. This would allow for reasonable
recreational use of the Forests while reducing the potential for
resource damage. Designated routes along which dispersed camping would
be allowed will be shown on the MVUM.
This proposal would allow dispersed camping at designated dispersed
campsites, in certain areas, under certain conditions. In all cases
where camping at designated dispersed campsites is allowed, motor
vehicles would be restricted to within 100 feet from the sign
designating the dispersed campsite. Motor vehicles would use the most
direct route to the campsite. This would allow for reasonable
recreational use of the Forests while reducing the potential for
resource damage. Designated dispersed campsites will be shown on the
MVUM.
Under this proposal, off-road parking would be allowed along
designated routes under certain conditions. Primary considerations in
designating this policy were user safety and resource protection. Draft
Forest Service Manual direction would allow parking off designated
routes, not to exceed a distance of one vehicle length.
This proposal would allow cross-country motorized travel in seven
designated Areas that total approximately 1,433 acres. This would allow
for reasonable recreational use of the Forests while reducing the
potential for resource damage. Designated cross-country travel Areas
will be shown on the MVUM.
Responsible Official
The Responsible Official is Elaine Zieroth, Forests Supervisor,
Apache-Sitgreaves National Forests, P.O. Box 640, Springerville, AZ
85938.
Nature of Decision To Be Made
Based on the purpose and need for the proposed action, the Forests
Supervisor will evaluate the Proposed Action and other alternatives in
order to decide whether to adopt and implement the proposed action, an
alternative to the proposed action, or take no action to make changes
to the existing Apache-Sitgreaves National Forests transportation
system. Once the decision is made, the Apache-Sitgreaves National
Forests will publish a Motor Vehicle Use Map identifying the roads,
trails, and areas that are designated for motor vehicle use. The MVUM
shall specify the classes of vehicles and, if appropriate, the times of
year for which use is designated.
Federal land managers are directed (Executive Order 11644, 36 CFR
212, and 43 CFR 8342.1) to provide for public use of routes designated
as open, to ensure that the use of motorized vehicles and off-road
vehicles will be controlled and directed so as to protect the resources
of those lands under their authority, to promote the safety of users,
and to minimize conflicts among various users of federal lands.
Public Involvement
Preliminary public involvement was initiated in June, 2006, in an
effort to familiarize the public and stakeholders with the objectives
of travel management. The Apache-Sitgreaves National Forests hosted and
participated in numerous public meetings and workshops across the
Forests and local communities.
The National Off-Highway Vehicle Conservation Council (NOHVCC) in
cooperation with the Apache-Sitgreaves National Forests conducted OHV
Route Designation Workshops November 16-19, 2006 in Show Low, AZ for
agency personnel and the public. The purpose of these workshops was to
assist the Forest Service and public in effective implementation of the
USFS Travel Management Rule.
The public was also asked to provide input to the Forests on routes
they wanted to remain open and/or closed or those routes that may be in
conflict with other desired conditions. Initial public involvement
continues up to the point that this NOI is published in the Federal
Register. To date, the Forests have received over 7,000 comments
including numerous comments on individual routes, a large number of
general comments, and some area-wide comments. This preliminary public
input has been invaluable in helping the Forests develop this proposed
action. A summary of the comments received to date is posted on the
Forests Web Site https://www.fs.fed.us/r3/asnf/projects/travel-
mangement.shtml.
Scoping Process
Public participation will be especially important at several points
during the analysis. The Forests will be seeking information, comments,
and assistance from Federal, State, and other local agencies and other
individuals or organizations that may be interested in or affected by
the proposed action. The Forests will conduct meetings to solicit
comments from the public and interested parties on this proposal. The
meetings are scheduled from 5 p.m. to 8 p.m. at the following
locations:
Lakeside, AZ--November 6, 2007 (Tuesday), Blue Ridge Junior High School
Cafeteria, 1200 West White Mountain Blvd.
Eagar, AZ--November 7, 2007 (Wednesday), Eagar Town Hall, 22 West 2nd
St.
Clifton, AZ--November 8, 2007 (Thursday), Clifton Community
[[Page 57517]]
Center, Clifton Train Depot, 100 North Coronado Blvd (U.S. Highway
191).
Overgaard, AZ--November 13, 2007, (Tuesday), Rim Country Senior Center,
2171 B Street.
Alpine, AZ--November 14, 2007, (Wednesday), Alpine Community Center,
42661 U.S. Highway 180.
Notices of these meetings and requests for comments will be posted
on the Forests Web Site and will be published in local newspapers of
record.
Based on comments received as a result of this notice and after the
Forests have conducted public meetings and afforded the public
sufficient time to respond to the proposed action, the Forests will use
the public scoping comments and resource related input from the
interdisciplinary team and other agency resource specialists to develop
a set of significant issues to carry forward into the environmental
analysis process. The draft environmental impact statement (EIS) is
expected to be filed with the Environmental Protection Agency (EPA) and
available for public review in September, 2008. EPA will publish a
notice of availability of the draft EIS in the Federal Register. The
comment period on the draft EIS will extend 45 days from the date the
EPA notice appears in the Federal Register. At that time, the draft EIS
will be posted on the Forests Web Site and copies will be distributed
to interested and affected agencies, organizations, and members of the
public for their review and comment. It is very important that those
interested in the management of the Apache-Sitgreaves National Forest
participate at that time. Those who provide comments during the
official 45-day comment period are eligible to appeal the decision
under 36 CFR part 215. Interest expressed or comments provided on this
project prior to or after the close of the official comment period will
not constitute standing for appeal purposes. Comments must meet the
requirements of 36 CFR 215.6.
The final EIS is scheduled to be completed in January, 2009. In the
final EIS, the Forests are required to respond to substantive comments
received during the comment period that pertain to the environmental
consequences discussed in the draft EIS and applicable laws,
regulations, and policies considered in making the decision.
Preliminary Issues
The Forests have received some indications of potential issues from
the initial public involvement process. Those potential issues include:
(1) Resource damage caused by inappropriate types of vehicle use,
(e.g. motorized vehicles in fragile or steep terrain); proliferation of
routes (e.g. parallel trails or roads, continued traffic on closed
roads and travel off designated routes); and continued use during
seasonal restrictions (e.g. routes closed to protect resources during
wet or muddy seasons).
(2) Disturbing or harming wildlife by using routes in important or
critical wildlife habitat areas, too many roads in wildlife habitat
areas, and disturbances to wildlife during critical lifecycle periods.
(3) Concerns about recreational opportunities, including loss of
recreational opportunities if cross-country and existing routes are
closed to motorized travel; loss of primitive or semi-primitive non-
motorized recreation opportunities if more routes or areas are opened
to motorized travel; and how to appropriately and reasonably
accommodate the rapidly growing number of motorized users desiring to
use federal lands for recreational riding of OHVs.
(4) Concerns on how the system might be designed to facilitate
effective enforcement.
(5) Safety concerns on routes where multiple vehicle types (e.g.
full-sized trucks and cars, ATVs, motorcycles) are allowed at the same
time.
(6) Impacts to multiple use management of the Forests if routes are
reduced.
The Forests recognize that this list of issues is not complete and
will be further defined and refined as scoping continues. The Forests
intend to develop a comprehensive list of significant issues before the
full range of alternatives is developed and the environmental analysis
is begun.
Comment Requested
This notice of intent initiates the scoping process which guides
the development of the environmental impact statement for the Apache-
Sitgreaves National Forests Public Wheeled Motorized Travel Management
Plan.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review
A draft environmental impact statement will be prepared for
comment. The comment period on the draft environmental impact statement
will be 45 days from the date the Environmental Protection Agency
publishes the notice of availability in the Federal Register.
The Forests believe, at this early stage, it is important to give
reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
draft environmental impact statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's position and
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
553 (1978). Also, environmental objections that could be raised at the
draft environmental impact statement stage but that are not raised
until after completion of the final environmental impact statement may
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,
it is very important that those interested in this proposed action
participate by the close of the draft EIS comment period so that
substantive comments and objections are made available to the Forests
at a time when it can meaningfully consider them and respond to them in
the final environmental impact statement.
To assist the Forests in identifying and considering issues and
concerns on the proposed action, comments on the draft environmental
impact statement should be as specific as possible. It is also helpful
if comments refer to specific pages or chapters of the draft statement.
Comments may also address the adequacy of the draft environmental
impact statement or the merits of the alternatives formulated and
discussed in the statement. Reviewers may wish to refer to the Council
on Environmental Quality Regulations for implementing the procedural
provisions of the National Environmental Policy Act at 40 CFR 1503.3 in
addressing these points.
Comments received, including the names and addresses of those who
comment, will be considered part of the public record on this proposal
and will be available for public inspection.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21.
Dated: October 2, 2007.
Robert S. Taylor,
Acting Forests Supervisor, Apache-Sitgreaves National Forests.
[FR Doc. E7-19872 Filed 10-9-07; 8:45 am]
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