[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Notices]
[Pages 67300-67302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32324]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 61, No. 246 / Friday, December 20, 1996 /
Notices
[[Page 67300]]
DEPARTMENT OF AGRICULTURE
Forest Service
Off-Highway Vehicle (OHV) Management on the Daniel Boone National
Forest, KY
AGENCY: Forest Service, USDA.
ACTION: Notice of Intent to prepare an environmental impact statement.
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SUMMARY: The Daniel Boone National Forest (Agency) will prepare a draft
and final environmental impact statement (EIS) to amend its Forest Land
and Resource Management Plan (Forest Plan) to establish management
direction Forest-wide to allow off-highway vehicles (OHV) only on
routes designated in those areas of the Forest appropriate for that
type of use on National Forest System lands. Management Areas (MA)
identified as incompatible to OHV use are; MA-1; Beaver Creek
Wilderness; MA-2, Clifty Wilderness; MA-4, Red River Gorge Geological
Area; MA-9, Rock Creek Research Natural Area.
All future designated or constructed routes would undergo a
separate, site-specific, environmental analysis, including the
opportunity for public involvement. All designated routes should meet
Forest Service Handbook 2309.18 (Trail Management Handbook) OHV route
standards.
The existing Forest Plan, approved on September 27, 1985, has a
policy of permitting OHV use Forest-wide except where prohibited to
protect resources. Since the Forest Plan was approved, many changes
have occurred that have prompted the Agency to consider changing this
policy before the scheduled Forest Plan revision. Changes include,
greater recreational OHV use than anticipated in analysis for the
existing Forest Plan; an expanded variety of OHVs; the potential for
adverse effects to threatened and endangered species found on the
Daniel Boone National Forest, and discoveries of additional populations
of threatened and endangered species; and, appropriated funding below
what was anticipated in the Forest Plan.
The Agency invites written comments and suggestions within the
scope of the analysis described below. In addition, the Agency gives
notice that a full environmental analysis and decision making process
will occur on the proposal so that interested and affected people are
aware of how they may participate and contribute to the final decision.
DATES: Comments concerning the scope of this analysis should be
received by February 14, 1997.
ADDRESSES: Submit written comments to Forest Supervisor, Daniel Boone
National Forest, 1700 Bypass Road, Winchester, KY 40391.
FOR FURTHER INFORMATION CONTACT:
Jorge Hersel, Dispersed Recreation Specialist, Daniel Boone National
Forest, 1700 Bypass Road, Winchester, KY 40391, or by calling (606)
745-3182.
RESPONSIBLE OFFICIAL: The Forest Supervisor for the Daniel Boone
National Forest, located at 1700 Bypass Road, Winchester, KY 40391, is
the Responsible Official for this action.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
Current Forest policy permits OHV use Forest-wide except where
prohibited to protect resource values (FLMP, IV-5). This use includes
cross-country travel as well as trail and road use. Resource protection
measures include closing or restricting either large areas or specific
trails.
In recent years the Forest Service has noticed an increase in OHV
use on the Forest with a corresponding increase in impacts on
resources. The increased impacts include an increased potential for
adverse effects to a number of threatened and endangered species.
Because of this, and the fact that the process to complete a non-
significant amendment to the Forest Plan should be completed faster
than it takes to revise the entire Forest Plan, the Forest Service
feels that it is essential to change management direction on this issue
prior to the completion of the Forest Plan revision.
The Forest Service is legally directed to provide wise use of the
resources as long as it does not lead to the overall detriment of the
resources. The Agency has noticed an increase in user-developed, cross-
country trails and hill climbs. These types of general use seem to be
contributors to much of the resource impacts we have identified on
National Forest System lands. Although the impacts to a number of
individual sites have been repaired, one of our concerns is that trail
maintenance, land restoration, and enforcement of restrictions, have
not kept up with the increased level of use and its corresponding
impacts.
In recent contacts with the public with regards to the Forest Plan
revision, the issue of OHV management on the National Forest was
identified as one of the major issues. Due to the large number of OHVs
in use on the Forest, the Forest Service has observed, and members of
the public have brought to our attention, areas of soil erosion,
sediment washed into streams and lakes, and possible direct and
indirect impacts to federally threatened and endangered species.
Specific areas of concern include the Cumberland River drainage, with
its large numbers of federally-listed threatened and endangered aquatic
species, and areas near federally-listed threatened and endangered bat
hibernacula and maternity sites.
Our existing policy was based on conditions that existed at the
time of the development of the present Forest Plan. Since that Plan was
approved in 1985, many changes have occurred, such as:
Increased interest in recreational OHV use.
Increased dependence on OHVs as a means of transportation
for day-to-day activities.
An expanding variety of OHVs, such as 4X4s, quad runners,
railcars, and motorcycles; and the difference between street legal
vehicles and non-street legal vehicles.
New information on threatened and endangered species, and
the discoveries of additional populations of listed species.
The appropriations of trail construction and maintenance
funds have not kept pace with the increased OHV use.
Some factors that add to the complexity of managing OHV use on the
Daniel Boone include, the lack of designated routes in the National
Forest;
[[Page 67301]]
the difficulty Forest Service Law Enforcement Officers have enforcing
restrictions on a large area of land; the scattered ownership pattern
of the National Forest; the different types of OHVs with their
different trail needs; the fact that some OHVs are legal for use on
public roads and some are not; and, the use of small OHVs by local
residents, hunters and anglers for general transportation in and around
the National Forest.
Due to the complexities of this issue and the potential for adverse
effects occurring related to the recreation activity, a change in
management direction is needed to more effectively manage this use,
prevent impacts to soil and water resources, and prevent possible
adverse effects to aquatic threatened and endangered species.
Proposed Action
The Forest Service is proposing to amend the Forest-wide management
direction to allow OHV use only on designated routes in areas of the
Forest compatible with OHV use. Management Areas (MA) identified as
incompatible to OHV use are; MA-1, Beaver Creek Wilderness; MA-2,
Clifty Wilderness; MA-4, Red River Gorge Geological Area; MA-9, Rock
Creek Research Natural Area.
All currently designated trails and roads where OHVs are designated
as an appropriate use will be included in this analysis. However, all
future routes to be designated or constructed will undergo a separate
site-specific environmental analysis, including the opportunity for
public involvement. All designations should meet Forest Service
Handbook 2309.18 (Trail Management Handbook) OHV route standards.
Based on considerations of timing, and anticipated changes to
Forest Plan goals, objectives, and outputs, this proposal is
anticipated to result in a non-significant amendment to the Forest Plan
that will incorporate new management direction for using OHVs on
National Forest System lands. It is anticipated that decisions made in
this study will be incorporated into the Forest Plan revision.
The scope of the proposed action does not include the following:
Changes in management areas and land allocations
associated with OHV use. They will be dealt with in the revision
process.
The designation of new OHV routes. Designation of
additional routes would occur as a site specific analysis and decision-
making process is completed for each route, and is outside the scope of
this project.
The use of OHVs on county or state roads. It is outside
the jurisdiction of this agency to close or otherwise regulate such use
on these roads.
The use of ``street legal'' OHVs on Forest Development
Roads open to the general public.
Preliminary Issues
The comments received in the contacts with the public and internal
discussion indicated the following preliminary issues associated with
OHV management on the Forest:
Unacceptable resource impacts are occurring in some areas,
due to unrestricted OHV use on the Forest.
OHV use has increased in the last few years and
indications are this that trend will continue.
User developed trails are growing in number, some in
inappropriate locations.
Conflict among trail users is occurring.
There is an extensive road system, existing on National
Forest System lands, that is outside the jurisdiction of the Forest
Service.
Restrictions on OHV use on National Forest System lands
may have an effect on local economies.
Restrictions on OHV use in some areas may cause increased
use in unrestricted areas, with additional impacts to resources in
those areas.
Funding appropriations for law enforcement, trail
construction, and trail maintenance have not kept pace with the
increase in OHV use on the Daniel Boone National Forest.
Potential adverse effects to T&E species, especially
aquatic-related species.
Public participation will be especially important at several points
during the analysis. The first point is during the scoping process (40
CFR 1501.7). The Forest Service will be seeking information, comments,
and assistance from Federal, State, and local agencies and other
individuals or organizations who may be interested in or affected by
the proposed action. This input will be used in preparation of the
draft environmental impact statement (DEIS). The scoping process
includes:
1. Identifying potential issues.
2. Identifying issues to be analyzed in depth.
3. Eliminating insignificant issues or those which have been
covered by a relevant previous environmental analysis.
4. Exploring additional alternatives.
5. Identifying potential environmental effects of the proposed
action and alternatives (i.e., direct, indirect, and cumulative effects
and connected actions).
Comments submitted during the scoping process should be in writing.
They should be specific to the action being proposed and should
describe as clearly and completely as possible any issues the commenter
has with the proposal.
The DEIS is expected to be filed with the Environmental Protection
Agency and to be available for public comment by May 1997. At that
time, the Environmental Protection Agency will publish a notice of
availability of the DEIS in the Federal Register. The comment period on
the DEIS will be 60 days from the date the Environmental Protection
Agency publishes the notice of availability in the Federal Register.
The Forest Service believes, 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
DEIS 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 DEIS stage but that are not raised until after
the completion of the final Environmental Impact Statement (FEIS) may
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.
2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritage. 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 60-day comment period so that
substantive comments and objections are made available to the Forest
Service at a time when it can meaningfully consider them and respond to
them in the FEIS.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the DEIS should be
specific as possible. It is also helpful if the comments refer to
specific pages or chapters of the draft statement. Comments may also
address the adequacy of the DEIS 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.
After the comment periods ends on the DEIS, the comments will be
analyzed, considered, and responded to by the Forest Service in
preparing the
[[Page 67302]]
FEIS. The FEIS is scheduled to be completed in October, 1997. The
responsible official will consider the comments, responses,
environmental consequences discussed in the FEIS, and applicable laws,
regulations, and policies in making a decision regarding this amendment
to the Forest Plan. The responsible official will document the decision
and reasons for the decision in the Record of Decision. That decision
will be subject to appeal in accordance with 36 CFR 217.
Dated: December 16, 1996.
Benjamin T. Worthington,
Forest Supervisor.
[FR Doc. 96-32324 Filed 12-19-96; 8:45 am]
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