Lassen National Forest; California; Lassen National Forest Over-Snow Vehicle Use Designation Environmental Impact Statement, 2676-2679 [2015-00709]
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statement (EIS) in accordance with the
National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321 et
seq., NEPA) to provide the Agency with
a review and analysis of any potential
environmental impacts associated with
the petition request.
Following review of public
comments, we published another
notice 2 in the Federal Register on May
16, 2013 (78 FR 28796–28797, Docket
No. APHIS–2013–0043), advising the
public of our intent to prepare an EIS for
the potential determination of
nonregulated status requested by the
petitions. APHIS decided to prepare an
EIS in order to perform a comprehensive
environmental analysis of the potential
environmental impacts that may occur
as a result of granting determinations of
nonregulated status for these two
events.
National Environmental Policy Act and
Record of Decision
To provide the public with
documentation of APHIS’ review and
analysis of the potential environmental
impacts associated with a determination
of nonregulated status of MON 87708
soybean and MON 88701cotton, an EIS
has been prepared in accordance with:
(1) NEPA, as amended (42 U.S.C. 4321
et seq.); (2) regulations of the Council on
Environmental Quality for
implementing the procedural provisions
of NEPA (40 CFR parts 1500–1508); (3)
USDA regulations implementing NEPA
(7 CFR part 1b); and (4) APHIS’ NEPA
Implementing Procedures (7 CFR part
372).
A notice of availability regarding the
draft EIS prepared by APHIS was
published by the Environmental
Protection Agency (EPA) in the Federal
Register on August 11, 2014 (79 FR
46799, Docket No. ER–FRL–9016–4).
Along with the draft EIS,3 APHIS also
made available the plant pest risk
assessments (PPRAs) for the petitions.
APHIS reviewed and evaluated all of the
public comments received on the draft
EIS and prepared formal responses to
them as part of the final EIS.
A notice of availability regarding the
final EIS prepared by APHIS was
published by EPA in the Federal
Register on December 12, 2014 (79 FR
73890, Docket No. ER–FRL–9018–4).
The NEPA implementing regulations in
40 CFR 1506.10 require a minimum 30day review period between the time the
2 To view the notice the comments we received,
go to https://www.regulations.gov/
#!docketDetail;D=APHIS-2013-0043.
3 To view the draft EIS, final EIS, supporting
documents, and the comments we received, go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2013-0043.
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notice of availability of a final EIS is
published and the time an agency makes
a decision on an action covered by the
EIS. APHIS has reviewed and evaluated
the comments received during the 30day review period and has concluded
that it has fully and appropriately
analyzed the relevant environmental
issues covered by the final EIS and
those comments. Based on our final EIS,
the response to public comments, and
other pertinent scientific data, APHIS
has prepared a record of decision for the
final EIS.
Determination of Nonregulated Status
Based on APHIS’ analysis of field and
laboratory data submitted by the
Monsanto Company, references
provided in the petitions, peer-reviewed
publications, information analyzed in
the EIS, the PPRAs, comments provided
by the public, and APHIS’ evaluation of
and response to those comments, APHIS
has determined that MON 87708
soybean and MON 88701 cotton are
unlikely to pose a plant pest risk.
Accordingly, the petitions requesting a
determination of nonregulated status are
approved and MON 87708 soybean and
MON 88701 cotton are no longer subject
to our regulations governing the
introduction of certain genetically
engineered organisms and to the plant
pest provisions of the Plant Protection
Act.
Copies of the two signed
determination document and the signed
record of decision, as well as copies of
the final EIS and two PPRAs are
available as indicated in the ADDRESSES
and FOR FURTHER INFORMATION CONTACT
sections of this notice.
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.3.
Done in Washington, DC, this 13th day of
January 2015.
Michael Gregoire,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2015–00723 Filed 1–16–15; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Forest Service
Lassen National Forest; California;
Lassen National Forest Over-Snow
Vehicle Use Designation
Environmental Impact Statement
AGENCY:
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
ACTION:
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The Forest Service, U.S.
Department of Agriculture will prepare
an Environmental Impact Statement
(EIS) on a proposal to designate oversnow vehicle (OSV) use as allowed,
restricted, or prohibited on National
Forest System roads, National Forest
System trails, and Areas on National
Forest System lands within the Lassen
National Forest; and to identify snow
trails for grooming within the Lassen
National Forest. In addition, the Forest
Service proposes to:
1. Formally adopt California State
Parks’ OSV snow grooming standards
requiring a minimum of 18 inches of
snow depth before grooming can occur;
2. Implement a Forest-wide snow
depth requirement for OSV use that
would provide for public safety and
natural and cultural resource protection
by allowing OSV use in designated
Areas when there is a minimum of 12
inches of snow covering the landscape;
and allow OSV use on designated
National Forest System roads and
designated National Forest System
Trails when there is a minimum of 6
inches of snow covering the road or
trail; and
3. Prohibit OSV use in selected Areas
and on non-motorized trails.
This proposal would be implemented
on all of the Lassen National Forest.
DATES: Comments concerning the scope
of the analysis must be received by
February 19, 2015. The draft
environmental impact statement is
expected in October 2015 and the final
environmental impact statement is
expected in September 2016.
ADDRESSES: Send written comments to
Chris O’Brien, on behalf of Dave Hays,
Forest Supervisor, Lassen National
Forest, 2550 Riverside Drive, Susanville,
CA 96130; 530–257–2151. Comments
may also be sent via facsimile to 530–
252–6463. Comments may be submitted
on the Lassen National Forest OSV
Designation Web page: https://
data.ecosystem-management.org/
nepaweb/fs-usdapop.php?project=45832.
FOR FURTHER INFORMATION CONTACT:
Christopher O’Brien, Ph.D., Public
Services and Ecosystems Staff Officer,
USDA Forest Service, Lassen National
Forest, 2550 Riverside Drive, Susanville,
CA 96130; 530–257–2151; cjobrien@
fs.fed.us.
Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: Snow
Trail Grooming Program: For over 30
SUMMARY:
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years, the Forest Service, Pacific
Southwest Region, in cooperation with
the California Department of Parks and
Recreation (California State Parks) Offhighway Motor Vehicle Division has
enhanced winter recreation, and more
specifically, snowmobiling recreation by
maintaining National Forest System
trails (snow trails) by grooming snow for
snowmobile use. Most groomed snow
trails are co-located on underlying
National Forest System roads. Some
grooming occurs on County roads and
closed snow-covered highways.
Grooming activities are funded by the
state off-highway vehicle trust fund.
The following summarizes how the
Forest Service currently manages OSV
use on the approximately 1,150,020-acre
Lassen National Forest:
1. Approximately 406 miles of
National Forest System OSV trails;
2. Of the approximately 406 miles of
National Forest System OSV trails,
approximately 324 miles are groomed
OSV trails;
3. Approximately 148 miles of
National Forest System trail closed to
OSV use;
4. Approximately 976,760 acres of
National Forest System land open to offtrail cross-country OSV use; and
5. Approximately 173,260 acres of
National Forest System land closed to
OSV use.
In 2013, the Forest Service entered
into a Settlement Agreement with
Snowlands Network et al., to ‘‘complete
appropriate NEPA [National
Environmental Policy Act] analysis(es)
to identify snow trails for grooming’’ on
the Lassen National Forest and four
other national forests in California. The
Forest Service will comply with the
terms of the Settlement Agreement for
the Lassen National Forest by
completing this analysis. Other
requirements of the Settlement
Agreement are listed in the ‘‘Need for
Analysis’’ section, below.
Travel Management Rule subpart C:
The Forest Service’s 2005 Travel
Management Rule established new
procedures (see 36 CFR part 212
Subpart C), for implementing the
requirements of Executive Order (E.O.)
11644, as amended by E.O. 11989 on the
National Forest System. On March 29,
2013, the U.S. District Court of Idaho, in
the case of Winter Wildlands Alliance v.
U.S. Forest Service (2013 WL 1319598,
No. 1:11–CV–586–REB (D. Idaho Mar.
29, 2013)), ruled that subpart C of the
2005 Travel Management Rule was
invalid because the rule made
designation of OSV use of roads, trails
and Areas optional. The court ordered
the Forest Service to produce a new rule
that treats OSVs similar to other motor
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vehicles by requiring the designation of
OSV use on roads, trails, and Areas,
consistent with E.O. 11644, as amended
by E.O. 11989.
The revised rule was issued for a 45day public comment period in the
Federal Register on June 18, 2014 (79
FR 34678, Jun. 18, 2014). As proposed,
subpart C of the Travel Management
Rule states, ‘‘Over-snow vehicle use on
National Forest System roads, on
National Forest System trails, and in
Areas on National Forest System lands
shall be designated as allowed,
restricted, or prohibited by the
responsible official on administrative
units or Ranger Districts, or parts of
administrative units or Ranger Districts,
of the National Forest System where
snowfall is adequate for that use to
occur . . . ’’ (36 CFR 212.81(a)). OSV
designations made as a result of the
analysis in this Environmental Impact
Statement would conform to the final
subpart C rule.
Purpose and Need for Action
One purpose of this project is to
effectively manage OSV use on the
Lassen National Forest to provide
access, ensure that OSV use occurs
when there is adequate snow, promote
the safety of all users, enhance public
enjoyment, minimize impacts to natural
and cultural resources, and minimize
conflicts among the various uses.
There is a need to provide a
manageable, designated OSV system of
trails and Areas within the Lassen
National Forest, that is consistent with
and achieves the purposes of the Forest
Service Travel Management Rule at 36
CFR part 212. This action responds to
direction provided by the Forest
Service’s Travel Management Rule at 36
CFR part 212 and subpart C of the
Travel Management Rule, as proposed.
The existing system of available OSV
trails and Areas on the Lassen National
Forest is the culmination of multiple
agency decisions over recent decades.
Public OSV use of the majority of this
available system continues to be
manageable and consistent with current
travel management regulations.
Exceptions have been identified, based
on internal and public input and the
criteria listed at 36 CFR 212.55. These
include needs to provide improved
access for OSV users and formalize
prohibitions required by Forest Plan and
other management direction. These
exceptions represent additional needs
for change, and in these cases, changes
are proposed to meet the overall
objectives.
Currently, the Forest Service requires
12 or more inches of snow on the
ground to operate an OSV on the Lassen
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National Forest. Although 12 inches of
snow may exist at a given time in many
higher elevation Areas, there may be
less than 12 inches of snow at
trailheads, which under current rules,
would leave Areas with 12 or more
inches of snow inaccessible to OSV use.
To improve OSV access to Areas open
to OSV use, the proposed action would
allow OSV use on designated trails, as
long as there are at least 6 inches of
snow on the ground.
The Forest Service has also identified
two Areas in which OSV use should be
prohibited, but there are no existing
orders or directives that have formally
prohibited OSV use within them. One
Area is located in the southwest corner
of the Lassen National Forest, below
3,500 feet in elevation. Snowfall is
typically not adequate in this Area for
OSV use to occur. This Area is
approximately 29,130 acres in size. The
proposed action would prohibit OSV
use in this Area.
The second Area in which OSV use
should be prohibited is the Black
Mountain Research Natural Area (RNA).
The Lassen National Forest Land and
Resource Management Plan (Forest
Plan) prohibits motorized vehicles
within Research Natural Areas, but no
formal directive prohibiting such use
has been issued. This Area is
approximately 520 acres in size. The
proposed action would prohibit OSV
use in the Black Mountain RNA.
A second purpose of this project is to
identify those designated National
Forest System OSV trails where
grooming for OSV use would occur as
required by the Settlement Agreement
between the Forest Service and
Snowlands Network, et al. Under the
terms of the Settlement Agreement, the
Forest Service is required to complete
the appropriate NEPA analysis to
identify snow trails for grooming on the
Lassen National Forest. This action
would identify snow trails for grooming.
The snow trail grooming analysis
would also address the need to provide
a high quality snowmobile trail system
on the Lassen National Forest that is
smooth and stable for the rider.
Groomed trails are designed so that the
novice rider can use them without
difficulty.
Need for Analysis
Pursuant to the Settlement
Agreement, the Forest Service is
required to complete an appropriate
NEPA analysis to identify snow trails
for grooming. Subpart C of the Forest
Service Travel Management Regulation
requires the Forest Service to designate
over-snow vehicle (OSV) use as
allowed, restricted, or prohibited on
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National Forest System roads, National
Forest System trails, and Areas on
National Forest System lands. Both
decisions will be informed by an
analysis as required by the National
Environmental Policy Act (42 U.S.C.
4321 et seq.).
Subpart C of the Travel Management
Regulation specifies that all
requirements of subpart B of the Travel
Management Regulations will continue
to apply to the designation decision,
including:
1. Public involvement as required by
the National Environmental Policy Act
(36 CFR 212.52);
2. Coordination with Federal, State,
county, and other local governmental
entities and tribal governments (36 CFR
212.53);
3. Consideration of the criteria for
designation of roads, trails, and Areas
(36 CFR 212.55);
4. Identification of designated uses on
a publicly available use map of roads,
trails, and Areas (36 CFR 212.56); and
5. Monitoring of effects (36 CFR
212.57).
Furthermore, additional terms of the
Settlement Agreement require the Forest
Service to:
1. Analyze ancillary activities such as
the plowing of related parking lots and
trailheads as part of the effects analysis;
2. Consider a range of alternative
actions that would result in varying
levels of snowmobile use; and
3. Consider an alternative submitted
by Plaintiffs and/or Interveners in the
NEPA analysis so long as the alternative
meets the purpose and need, and is
feasible and within the scope of the
NEPA analysis, and Plaintiffs and/or
Interveners provide the Forest Service
with a detailed description of that
alternative during the scoping period for
the NEPA analysis.
Proposed Action
The Forest Service proposes several
actions on the Lassen National Forest to
be analyzed as required by the National
Environmental Policy Act (NEPA). The
actions proposed are as follows:
1. To designate OSV use on National
Forest System roads, National Forest
System trails, and Areas on National
Forest System lands within the Lassen
National Forest where snowfall depth is
adequate for that use to occur. The
responsible official would designate
OSV use as allowed, restricted, or
prohibited on administrative units or
Ranger Districts, or parts of
administrative units or Ranger Districts
of the Lassen National Forest. Areas
where off-trail cross country OSV use
would be allowed would cover 947,120
acres. Trails where OSV use would be
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allowed would total 406 miles. All
existing OSV prohibitions applying to
Areas or trails would continue.
2. Of the 406 miles of designated OSV
trails, 324 miles would be groomed by
the Forest Service on the Lassen
National Forest. Our trail mileages are
estimates only and we are currently
reviewing groomed trails where there is
uncertainty regarding Forest Service
jurisdiction.
3. To groom trails consistent with
historical grooming practices, when
there are 18 inches of snow or more, and
formally adopt California State Parks’
snow grooming standards requiring a
minimum of 18 inches of snow depth
before grooming can occur.
4. To implement a Forest-wide snow
depth requirement for OSV use that
would provide for public safety and
natural and cultural resource protection
by allowing OSV use in designated
Areas when there is a minimum of 12
inches of snow covering the landscape;
and allow OSV use on designated
National Forest System roads and
designated National Forest System
Trails when there is a minimum of 6
inches of snow covering the road or
trail. When the snow-depth requirement
is not met, OSV use would be
prohibited. All snow trails would be
located on existing dirt, gravel, or paved
trails or roads. These trails and roads are
used in the summer for highway, OHV,
and non-motorized recreation.
5. Area Prohibitions. Over-snow
vehicle use is currently prohibited on
173,260 acres of the Lassen National
Forest. The proposed action would
continue OSV prohibitions in currently
prohibited areas and include the
following additional prohibitions:
a. Prohibit OSV use in areas below
3,500 feet in elevation in the southwest
corner of the Lassen National Forest
(approximately 29,130 acres).
b. Prohibit OSV use in the Black
Mountain Research Natural Area to be
consistent with management area
direction in the Forest Plan
(approximately 520 acres).
As a result, OSV use would be
prohibited on a total of approximately
202,900 acres of the 1,150,020-acre
Lassen National Forest.
6. Trail Prohibitions. The proposed
action would continue OSV
prohibitions on the following trails on
the Lassen National Forest:
a. Pacific Crest Trail (approximately
106 miles).
b. Colby Mountain Cross-country Ski
Trails (approximately 6 miles).
c. McGowan Lake Cross-country Ski
Trails (approximately 5 miles).
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d. Biz Johnson Trail from Susanville
to Westwood Junction (approximately
17 miles).
e. Lake Almanor Recreation Trail
(approximately 9 miles).
f. Eagle Lake Trail (approximately 5
miles).
Over-snow vehicle use that is
inconsistent with these designations
would be prohibited under 36 CFR part
261 once the decision is issued.
The use designations resulting from
this analysis would only apply to the
use of over-snow vehicles. An oversnow vehicle is defined in the Forest
Service’s Travel Management
Regulations as ‘‘a motor vehicle that is
designed for use over snow and that
runs on a track or tracks and/or a ski or
skis, while in use over snow’’ (36 CFR
212.1).
Limited administrative use by the
Forest Service; use of any fire, military,
emergency, or law enforcement vehicle
for emergency purposes; authorized use
of any combat or combat support
vehicle for national defense purposes;
law enforcement response to violations
of law, including pursuit; and oversnow vehicle use that is specifically
authorized under a written
authorization issued under Federal law
or regulations would be exempt from
these designations (36 CFR 212.81(a)).
These actions would begin
immediately upon the issuance of the
record of decision, which is expected in
October of 2016. The Forest Service
would produce an OSV use map
(OSVUM) that would look like the
existing motor vehicle use map (MVUM)
for the Lassen National Forest. Such a
map would allow OSV enthusiasts to
identify the routes and Areas where
OSV use would be allowed on the
Lassen National Forest.
Responsible Official
The Lassen National Forest
Supervisor will issue the decision.
Nature of Decision To Be Made
This decision will designate OSV use
on National Forest System roads, on
National Forest System trails, and in
Areas on National Forest System lands
as allowed, restricted, or prohibited on
the Lassen National Forest where
snowfall is adequate for that use to
occur. It will also identify the National
Forest System trails where grooming
would occur. The decision would only
apply to the use of over-snow vehicles
as defined in the Forest Service’s Travel
Management Regulations (36 CFR
212.1). The Forest Supervisor will
consider all reasonable alternatives and
decide whether to continue current
management of OSV uses on the Lassen
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National Forest, implement the
proposed action, or select an alternative
for the management of OSV uses.
Scoping Process
This notice of intent initiates the
scoping process, which guides the
development of the environmental
impact statement.
It is important that reviewers provide
their comments at such times and in
such manner that they are useful to the
agency’s preparation of the
environmental impact statement.
Written comments should be within the
scope of the proposed action, have a
direct relationship to the proposed
action, and must include supporting
reasons for the responsible official to
consider. Therefore, comments should
be provided prior to the close of the
comment period and should clearly
articulate the reviewer’s concerns and
contentions. The preferred format for
attachments to electronically submitted
comments would be as an MS Word
document. Attachments in portable
document format (pdf) are not preferred,
but are acceptable.
Comments received in response to
this solicitation, including names and
addresses of those who comment, will
be part of the public record for this
proposed action. Comments submitted
anonymously will be accepted and
considered, however.
The Lassen National Forest OverSnow Vehicle (OSV) Use Designation is
an activity implementing a land
management plan. It is not an activity
authorized under the Healthy Forests
Restoration Act of 2003 (Pub. L. 108–
148). Therefore, this activity is subject
to pre-decisional administrative review
consistent with the Consolidated
Appropriations Act of 2012 (Pub. L.
112–74) as implemented by subparts A
and B of 36 CFR part 218.
Dated: January 12, 2015.
Dave Hays,
Forest Supervisor.
[FR Doc. 2015–00709 Filed 1–16–15; 8:45 am]
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COMMISSION ON CIVIL RIGHTS
State Advisory Committees
United States Commission on
Civil Rights.
ACTION: Notice of period during which
individuals may apply to be appointed
to the Illinois Advisory Committee, New
Jersey Advisory Committee, Oregon
Advisory Committee, and Vermont
Advisory Committee; request for
applications.
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AGENCY:
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Because the terms of the
members of the Illinois Advisory
Committee are expiring on May 30,
2015, the United States Commission on
Civil Rights hereby invites any
individual who is eligible to be
appointed to apply. The memberships
are exclusively for the Illinois Advisory
Committee, and applicants must be
residents of Illinois to be considered.
Letters of interest must be received by
the Midwestern Regional Office of the
U.S. Commission on Civil Rights no
later than February 15, 2015. Letters of
interest must be sent to the address
listed below.
Because the terms of the members of
the New Jersey Advisory Committee are
expiring on May 30, 2015, the United
States Commission on Civil Rights
hereby invites any individual who is
eligible to be appointed to apply. The
memberships are exclusively for the
New Jersey Advisory Committee, and
applicants must be residents of New
Jersey to be considered. Letters of
interest must be received by the Eastern
Regional Office of the U.S. Commission
on Civil Rights no later than February
15, 2015. Letters of interest must be sent
to the address listed below.
Because the terms of the members of
the Oregon Advisory Committee are
expiring on May 30, 2015, the United
States Commission on Civil Rights
hereby invites any individual who is
eligible to be appointed to apply. The
memberships are exclusively for the
Oregon Advisory Committee, and
applicants must be residents of Oregon
to be considered. Letters of interest must
be received by the Western Regional
Office of the U.S. Commission on Civil
Rights no later than February 15, 2015.
Letters of interest must be sent to the
address listed below.
Because the terms of the members of
the Vermont Advisory Committee are
expiring on May 30, 2015, the United
States Commission on Civil Rights
hereby invites any individual who is
eligible to be appointed to apply. The
memberships are exclusively for the
Vermont Advisory Committee, and
applicants must be residents of Vermont
to be considered. Letters of interest must
be received by the Eastern Regional
Office of the U.S. Commission on Civil
Rights no later than February 15, 2015.
Letters of interest must be sent to the
address listed below.
DATES: Letters of interest for
membership on the Illinois Advisory
Committee should be received no later
than February 15, 2015.
Letters of interest for membership on
the New Jersey Advisory Committee
should be received no later than
February 15, 2015.
SUMMARY:
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Letters of interest for membership on
the Oregon Advisory Committee should
be received no later than February 15,
2015.
Letters of interest for membership on
the Vermont Advisory Committee
should be received no later than
February 15, 2015.
ADDRESSES: Send letters of interest for
the Illinois Advisory Committee to: U.S.
Commission on Civil Rights,
Midwestern Regional Office, 55 W.
Monroe St., Suite 410, Chicago, IL
60603. Letter can also be sent via email
to callen@usccr.gov.
Send letters of interest for the New
Jersey Advisory Committee to: U.S.
Commission on Civil Rights, Eastern
Regional Office, 1331 Pennsylvania Ave.
NW., Suite 1150, Washington, DC
20425. Letter can also be sent via email
to eroaa@usccr.gov.
Send letters of interest for the Oregon
Advisory Committee to: U.S.
Commission on Civil Rights, Western
Regional Office, 300 North Los Angeles
Street, Suite 2010, Los Angeles, CA
90012. Letters can also be sent via email
to atrevino@usccr.gov.
Send letters of interest for the
Vermont Advisory Committee to: U.S.
Commission on Civil Rights, Eastern
Regional Office, 1331 Pennsylvania Ave.
NW., Suite 1150, Washington, DC
20425. Letter can also be sent via email
to eroaa@usccr.gov.
FOR FURTHER INFORMATION CONTACT:
David Mussatt, Chief, Regional
Programs Unit, 55 W. Monroe St., Suite
410, Chicago, IL 60603, (312) 353–8311.
Questions can also be directed via email
to dmussatt@usccr.gov.
SUPPLEMENTARY INFORMATION: The
Illinois, New Jersey, Oregon, and
Vermont Advisory Committees (SACs)
are statutorily mandated federal
advisory committees of the U.S.
Commission on Civil Rights pursuant to
42 U.S.C. 1975a. Under the charter for
the SACs, the purpose is to provide
advice and recommendations to the U.S.
Commission on Civil Rights
(Commission) on a broad range of civil
rights matters in its respective state that
pertain to alleged deprivations of voting
rights or discrimination or denials of
equal protection of the laws because of
race, color, religion, sex, age, disability,
or national origin, or the administration
of justice. SACs also provide assistance
to the Commission in its statutory
obligation to serve as a national
clearinghouse for civil rights
information.
The SAC consists of not more than 19
members, each of whom will serve a
two-year term. Members serve as unpaid
Special Government Employees who are
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20JAN1
Agencies
[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Pages 2676-2679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00709]
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DEPARTMENT OF AGRICULTURE
Forest Service
Lassen National Forest; California; Lassen National Forest Over-
Snow Vehicle Use Designation Environmental Impact Statement
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The Forest Service, U.S. Department of Agriculture will
prepare an Environmental Impact Statement (EIS) on a proposal to
designate over-snow vehicle (OSV) use as allowed, restricted, or
prohibited on National Forest System roads, National Forest System
trails, and Areas on National Forest System lands within the Lassen
National Forest; and to identify snow trails for grooming within the
Lassen National Forest. In addition, the Forest Service proposes to:
1. Formally adopt California State Parks' OSV snow grooming
standards requiring a minimum of 18 inches of snow depth before
grooming can occur;
2. Implement a Forest-wide snow depth requirement for OSV use that
would provide for public safety and natural and cultural resource
protection by allowing OSV use in designated Areas when there is a
minimum of 12 inches of snow covering the landscape; and allow OSV use
on designated National Forest System roads and designated National
Forest System Trails when there is a minimum of 6 inches of snow
covering the road or trail; and
3. Prohibit OSV use in selected Areas and on non-motorized trails.
This proposal would be implemented on all of the Lassen National
Forest.
DATES: Comments concerning the scope of the analysis must be received
by February 19, 2015. The draft environmental impact statement is
expected in October 2015 and the final environmental impact statement
is expected in September 2016.
ADDRESSES: Send written comments to Chris O'Brien, on behalf of Dave
Hays, Forest Supervisor, Lassen National Forest, 2550 Riverside Drive,
Susanville, CA 96130; 530-257-2151. Comments may also be sent via
facsimile to 530-252-6463. Comments may be submitted on the Lassen
National Forest OSV Designation Web page: https://data.ecosystem-management.org/nepaweb/fs-usda-pop.php?project=45832.
FOR FURTHER INFORMATION CONTACT: Christopher O'Brien, Ph.D., Public
Services and Ecosystems Staff Officer, USDA Forest Service, Lassen
National Forest, 2550 Riverside Drive, Susanville, CA 96130; 530-257-
2151; cjobrien@fs.fed.us.
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: Snow Trail Grooming Program: For over 30
[[Page 2677]]
years, the Forest Service, Pacific Southwest Region, in cooperation
with the California Department of Parks and Recreation (California
State Parks) Off-highway Motor Vehicle Division has enhanced winter
recreation, and more specifically, snowmobiling recreation by
maintaining National Forest System trails (snow trails) by grooming
snow for snowmobile use. Most groomed snow trails are co-located on
underlying National Forest System roads. Some grooming occurs on County
roads and closed snow-covered highways. Grooming activities are funded
by the state off-highway vehicle trust fund.
The following summarizes how the Forest Service currently manages
OSV use on the approximately 1,150,020-acre Lassen National Forest:
1. Approximately 406 miles of National Forest System OSV trails;
2. Of the approximately 406 miles of National Forest System OSV
trails, approximately 324 miles are groomed OSV trails;
3. Approximately 148 miles of National Forest System trail closed
to OSV use;
4. Approximately 976,760 acres of National Forest System land open
to off-trail cross-country OSV use; and
5. Approximately 173,260 acres of National Forest System land
closed to OSV use.
In 2013, the Forest Service entered into a Settlement Agreement
with Snowlands Network et al., to ``complete appropriate NEPA [National
Environmental Policy Act] analysis(es) to identify snow trails for
grooming'' on the Lassen National Forest and four other national
forests in California. The Forest Service will comply with the terms of
the Settlement Agreement for the Lassen National Forest by completing
this analysis. Other requirements of the Settlement Agreement are
listed in the ``Need for Analysis'' section, below.
Travel Management Rule subpart C: The Forest Service's 2005 Travel
Management Rule established new procedures (see 36 CFR part 212 Subpart
C), for implementing the requirements of Executive Order (E.O.) 11644,
as amended by E.O. 11989 on the National Forest System. On March 29,
2013, the U.S. District Court of Idaho, in the case of Winter Wildlands
Alliance v. U.S. Forest Service (2013 WL 1319598, No. 1:11-CV-586-REB
(D. Idaho Mar. 29, 2013)), ruled that subpart C of the 2005 Travel
Management Rule was invalid because the rule made designation of OSV
use of roads, trails and Areas optional. The court ordered the Forest
Service to produce a new rule that treats OSVs similar to other motor
vehicles by requiring the designation of OSV use on roads, trails, and
Areas, consistent with E.O. 11644, as amended by E.O. 11989.
The revised rule was issued for a 45-day public comment period in
the Federal Register on June 18, 2014 (79 FR 34678, Jun. 18, 2014). As
proposed, subpart C of the Travel Management Rule states, ``Over-snow
vehicle use on National Forest System roads, on National Forest System
trails, and in Areas on National Forest System lands shall be
designated as allowed, restricted, or prohibited by the responsible
official on administrative units or Ranger Districts, or parts of
administrative units or Ranger Districts, of the National Forest System
where snowfall is adequate for that use to occur . . . '' (36 CFR
212.81(a)). OSV designations made as a result of the analysis in this
Environmental Impact Statement would conform to the final subpart C
rule.
Purpose and Need for Action
One purpose of this project is to effectively manage OSV use on the
Lassen National Forest to provide access, ensure that OSV use occurs
when there is adequate snow, promote the safety of all users, enhance
public enjoyment, minimize impacts to natural and cultural resources,
and minimize conflicts among the various uses.
There is a need to provide a manageable, designated OSV system of
trails and Areas within the Lassen National Forest, that is consistent
with and achieves the purposes of the Forest Service Travel Management
Rule at 36 CFR part 212. This action responds to direction provided by
the Forest Service's Travel Management Rule at 36 CFR part 212 and
subpart C of the Travel Management Rule, as proposed.
The existing system of available OSV trails and Areas on the Lassen
National Forest is the culmination of multiple agency decisions over
recent decades. Public OSV use of the majority of this available system
continues to be manageable and consistent with current travel
management regulations. Exceptions have been identified, based on
internal and public input and the criteria listed at 36 CFR 212.55.
These include needs to provide improved access for OSV users and
formalize prohibitions required by Forest Plan and other management
direction. These exceptions represent additional needs for change, and
in these cases, changes are proposed to meet the overall objectives.
Currently, the Forest Service requires 12 or more inches of snow on
the ground to operate an OSV on the Lassen National Forest. Although 12
inches of snow may exist at a given time in many higher elevation
Areas, there may be less than 12 inches of snow at trailheads, which
under current rules, would leave Areas with 12 or more inches of snow
inaccessible to OSV use. To improve OSV access to Areas open to OSV
use, the proposed action would allow OSV use on designated trails, as
long as there are at least 6 inches of snow on the ground.
The Forest Service has also identified two Areas in which OSV use
should be prohibited, but there are no existing orders or directives
that have formally prohibited OSV use within them. One Area is located
in the southwest corner of the Lassen National Forest, below 3,500 feet
in elevation. Snowfall is typically not adequate in this Area for OSV
use to occur. This Area is approximately 29,130 acres in size. The
proposed action would prohibit OSV use in this Area.
The second Area in which OSV use should be prohibited is the Black
Mountain Research Natural Area (RNA). The Lassen National Forest Land
and Resource Management Plan (Forest Plan) prohibits motorized vehicles
within Research Natural Areas, but no formal directive prohibiting such
use has been issued. This Area is approximately 520 acres in size. The
proposed action would prohibit OSV use in the Black Mountain RNA.
A second purpose of this project is to identify those designated
National Forest System OSV trails where grooming for OSV use would
occur as required by the Settlement Agreement between the Forest
Service and Snowlands Network, et al. Under the terms of the Settlement
Agreement, the Forest Service is required to complete the appropriate
NEPA analysis to identify snow trails for grooming on the Lassen
National Forest. This action would identify snow trails for grooming.
The snow trail grooming analysis would also address the need to
provide a high quality snowmobile trail system on the Lassen National
Forest that is smooth and stable for the rider. Groomed trails are
designed so that the novice rider can use them without difficulty.
Need for Analysis
Pursuant to the Settlement Agreement, the Forest Service is
required to complete an appropriate NEPA analysis to identify snow
trails for grooming. Subpart C of the Forest Service Travel Management
Regulation requires the Forest Service to designate over-snow vehicle
(OSV) use as allowed, restricted, or prohibited on
[[Page 2678]]
National Forest System roads, National Forest System trails, and Areas
on National Forest System lands. Both decisions will be informed by an
analysis as required by the National Environmental Policy Act (42
U.S.C. 4321 et seq.).
Subpart C of the Travel Management Regulation specifies that all
requirements of subpart B of the Travel Management Regulations will
continue to apply to the designation decision, including:
1. Public involvement as required by the National Environmental
Policy Act (36 CFR 212.52);
2. Coordination with Federal, State, county, and other local
governmental entities and tribal governments (36 CFR 212.53);
3. Consideration of the criteria for designation of roads, trails,
and Areas (36 CFR 212.55);
4. Identification of designated uses on a publicly available use
map of roads, trails, and Areas (36 CFR 212.56); and
5. Monitoring of effects (36 CFR 212.57).
Furthermore, additional terms of the Settlement Agreement require
the Forest Service to:
1. Analyze ancillary activities such as the plowing of related
parking lots and trailheads as part of the effects analysis;
2. Consider a range of alternative actions that would result in
varying levels of snowmobile use; and
3. Consider an alternative submitted by Plaintiffs and/or
Interveners in the NEPA analysis so long as the alternative meets the
purpose and need, and is feasible and within the scope of the NEPA
analysis, and Plaintiffs and/or Interveners provide the Forest Service
with a detailed description of that alternative during the scoping
period for the NEPA analysis.
Proposed Action
The Forest Service proposes several actions on the Lassen National
Forest to be analyzed as required by the National Environmental Policy
Act (NEPA). The actions proposed are as follows:
1. To designate OSV use on National Forest System roads, National
Forest System trails, and Areas on National Forest System lands within
the Lassen National Forest where snowfall depth is adequate for that
use to occur. The responsible official would designate OSV use as
allowed, restricted, or prohibited on administrative units or Ranger
Districts, or parts of administrative units or Ranger Districts of the
Lassen National Forest. Areas where off-trail cross country OSV use
would be allowed would cover 947,120 acres. Trails where OSV use would
be allowed would total 406 miles. All existing OSV prohibitions
applying to Areas or trails would continue.
2. Of the 406 miles of designated OSV trails, 324 miles would be
groomed by the Forest Service on the Lassen National Forest. Our trail
mileages are estimates only and we are currently reviewing groomed
trails where there is uncertainty regarding Forest Service
jurisdiction.
3. To groom trails consistent with historical grooming practices,
when there are 18 inches of snow or more, and formally adopt California
State Parks' snow grooming standards requiring a minimum of 18 inches
of snow depth before grooming can occur.
4. To implement a Forest-wide snow depth requirement for OSV use
that would provide for public safety and natural and cultural resource
protection by allowing OSV use in designated Areas when there is a
minimum of 12 inches of snow covering the landscape; and allow OSV use
on designated National Forest System roads and designated National
Forest System Trails when there is a minimum of 6 inches of snow
covering the road or trail. When the snow-depth requirement is not met,
OSV use would be prohibited. All snow trails would be located on
existing dirt, gravel, or paved trails or roads. These trails and roads
are used in the summer for highway, OHV, and non-motorized recreation.
5. Area Prohibitions. Over-snow vehicle use is currently prohibited
on 173,260 acres of the Lassen National Forest. The proposed action
would continue OSV prohibitions in currently prohibited areas and
include the following additional prohibitions:
a. Prohibit OSV use in areas below 3,500 feet in elevation in the
southwest corner of the Lassen National Forest (approximately 29,130
acres).
b. Prohibit OSV use in the Black Mountain Research Natural Area to
be consistent with management area direction in the Forest Plan
(approximately 520 acres).
As a result, OSV use would be prohibited on a total of
approximately 202,900 acres of the 1,150,020-acre Lassen National
Forest.
6. Trail Prohibitions. The proposed action would continue OSV
prohibitions on the following trails on the Lassen National Forest:
a. Pacific Crest Trail (approximately 106 miles).
b. Colby Mountain Cross-country Ski Trails (approximately 6 miles).
c. McGowan Lake Cross-country Ski Trails (approximately 5 miles).
d. Biz Johnson Trail from Susanville to Westwood Junction
(approximately 17 miles).
e. Lake Almanor Recreation Trail (approximately 9 miles).
f. Eagle Lake Trail (approximately 5 miles).
Over-snow vehicle use that is inconsistent with these designations
would be prohibited under 36 CFR part 261 once the decision is issued.
The use designations resulting from this analysis would only apply
to the use of over-snow vehicles. An over-snow vehicle is defined in
the Forest Service's Travel Management Regulations as ``a motor vehicle
that is designed for use over snow and that runs on a track or tracks
and/or a ski or skis, while in use over snow'' (36 CFR 212.1).
Limited administrative use by the Forest Service; use of any fire,
military, emergency, or law enforcement vehicle for emergency purposes;
authorized use of any combat or combat support vehicle for national
defense purposes; law enforcement response to violations of law,
including pursuit; and over-snow vehicle use that is specifically
authorized under a written authorization issued under Federal law or
regulations would be exempt from these designations (36 CFR 212.81(a)).
These actions would begin immediately upon the issuance of the
record of decision, which is expected in October of 2016. The Forest
Service would produce an OSV use map (OSVUM) that would look like the
existing motor vehicle use map (MVUM) for the Lassen National Forest.
Such a map would allow OSV enthusiasts to identify the routes and Areas
where OSV use would be allowed on the Lassen National Forest.
Responsible Official
The Lassen National Forest Supervisor will issue the decision.
Nature of Decision To Be Made
This decision will designate OSV use on National Forest System
roads, on National Forest System trails, and in Areas on National
Forest System lands as allowed, restricted, or prohibited on the Lassen
National Forest where snowfall is adequate for that use to occur. It
will also identify the National Forest System trails where grooming
would occur. The decision would only apply to the use of over-snow
vehicles as defined in the Forest Service's Travel Management
Regulations (36 CFR 212.1). The Forest Supervisor will consider all
reasonable alternatives and decide whether to continue current
management of OSV uses on the Lassen
[[Page 2679]]
National Forest, implement the proposed action, or select an
alternative for the management of OSV uses.
Scoping Process
This notice of intent initiates the scoping process, which guides
the development of the environmental impact statement.
It is important that reviewers provide their comments at such times
and in such manner that they are useful to the agency's preparation of
the environmental impact statement. Written comments should be within
the scope of the proposed action, have a direct relationship to the
proposed action, and must include supporting reasons for the
responsible official to consider. Therefore, comments should be
provided prior to the close of the comment period and should clearly
articulate the reviewer's concerns and contentions. The preferred
format for attachments to electronically submitted comments would be as
an MS Word document. Attachments in portable document format (pdf) are
not preferred, but are acceptable.
Comments received in response to this solicitation, including names
and addresses of those who comment, will be part of the public record
for this proposed action. Comments submitted anonymously will be
accepted and considered, however.
The Lassen National Forest Over-Snow Vehicle (OSV) Use Designation
is an activity implementing a land management plan. It is not an
activity authorized under the Healthy Forests Restoration Act of 2003
(Pub. L. 108-148). Therefore, this activity is subject to pre-
decisional administrative review consistent with the Consolidated
Appropriations Act of 2012 (Pub. L. 112-74) as implemented by subparts
A and B of 36 CFR part 218.
Dated: January 12, 2015.
Dave Hays,
Forest Supervisor.
[FR Doc. 2015-00709 Filed 1-16-15; 8:45 am]
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