Trail System and Off Highway Vehicle Management and Development, Ochoco National Forest and Crooked River National Grassland, Crook, Grant, Jefferson, Harney, and Wheeler Counties, OR

DEPARTMENT OF AGRICULTURE

Forest Service

Trail System and Off Highway Vehicle Management and Development,

Ochoco National Forest and Crooked River National Grassland, Crook,

Grant, Jefferson, Harney, and Wheeler Counties, OR

AGENCY: Forest Service, USDA.

ACTION: Revision of notice of intent.

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SUMMARY: The Forest Service, USDA, will prepare an environmental impact

statement (EIS) for analysis of [[Page 20074]] development and

management of the Ochoco National Forest and Crooked River National

Grassland trail system and off highway vehicle (OHV) use. Forest

Service proposes to develop a framework for designating OHV routes and

areas to provide a variety of motorized recreation opportunities.

Regulations prescribing operating conditions for OHV use will be

developed for specific areas. Regulations considered may include

designated areas and/or routes, seasonal closures, and/or complete area

closures.

The revised proposed action will also include: (1) Clarifying

conflicting trail standards and guidelines and/or developing additional

trail standards and guidelines for all Forest and Grassland lands; and

(2) developing recreation trail objectives that address all user groups

and acceptable intensity of use for all Forest and Grassland lands.

The purpose of the EIS is to develop a framework for providing

well-designed OHV trails while protecting fish, wildlife, soils, air

quality, and adjacent land owner rights; as well as mitigating

conflicts between various recreation trail groups.

Changes proposed in this EIS to the current Management Allocations

Standards and Guidelines in the Ochoco National Forest and Grassland

Land and Resource Management Plans (LRMP) will result in amendments to

these plans. The EIS will be programmatic in nature. Any future

proposed ground disturbing activities that tier to this EIS and

associated Forest and Grassland Plan amendment will have a site

specific environmental analysis conducted at a later date. The Forest

Service invites written comments on the scope of this project. In

addition, the Forest Service gives notice of this analysis 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 analysis of this proposal must

be received by May 20, 1995.

ADDRESSES: Submit written comments and suggestions concerning the scope

of analysis to Thomas A. Schmidt, Forest Supervisor, Ochoco National

Forest, P.O. Box 490, Prineville, Oregon 97754.

FOR FURTHER INFORMATION CONTACT:

Questions and comments about this EIS should be directed to Susan

Kocis, Forest Recreation Planner, Ochoco National Forest, P.O. Box 490,

Prineville, Oregon 97754, phone 503-447-6247.

SUPPLEMENTARY INFORMATION: A need to address access and travel on the

Ochoco National Forest and Crooked River National Grassland became

apparent from public comments and appeals to the Record of Decision for

the LRMP. Increasing resource damage and public demand for OHV

opportunities on the Ochoco National Forest and Grassland continues to

show the need to complete this EIS process, which started in 1991

(Notice of Intent, Federal Register, May 22, 1991, (56 FR 23546)).

Based on new issues the proposed action has been revised. This revised

proposed action has lead to the development of several different

alternatives considered. At a minimum, alternatives being considered

will include. One, Existing Condition Alternative, which will continue

with existing Forest and Grassland Plan direction. Two, No Action

Alternative, which will build no new motorized or nonmotorized trails.

Three, Designated Trail Alternative, which would allow OHV use only on

designated Forest and Grassland trails and off-trail use would not be

allowed.

Currently the Forest and Grassland provide 198 miles of trail of

which 8.1 miles are designated for OHV summer use, 75 miles are for

winter motorized use, and 123 miles are for summer and winter

nonmotorized use. The Forest and Grassland Plans call for additional

construction of approximately 130 miles of OHV trail and 196 miles of

nonmotorized trail by 1999. Since 1989 the Forest and Grassland have

constructed 23.0 miles of nonmotorized trail. An additional 12 miles of

trail were analyzed and a decision not to build them was made.

Demand for OHV trail opportunities has been increasing, as

evidenced by increasing comments and letters from the public. There is

a need to proceed with attaining the Desired Future Condition (DFC) for

trails as stated in the LRMP.

To attain DFC, direction prescribing operating conditions for OHV

use will be developed for the following areas:

--Riparian areas (including springs, seeps and meadows);

--Closed areas (identified in the existing LRMP);

--Sensitive plant communities (including high elevation sites, rare

plants, and old growth);

--Sensitive soils (including erodible and/or compactable soils on

moderate/steep slopes, and scablands); and

--Sensitive areas (including cultural resource sites, forest tree

plantations, wild animal calving areas, and threatened, endangered and

sensitive wildlife use sites).

A tentative list of issues has been identified from the Forest and

Grassland access and travel meeting in 1990-1991, as well as from

letter and comments received from the public through 1994. Issues can

be grouped into five keys areas: Social; travel route management;

multi-recreational use; resource considerations; public affairs and

user education.

Since the Notice of Intent, the Forest and Grassland have held over

30 public meetings and received comments from over 40 individuals and

groups. Public participation is and will be an important during this

environmental analysis. The Forest Service is seeking information,

comments, and assistance from Federal, State, Tribes, and local

agencies, and other individuals or organizations who may be interested

in or affected by the revised proposed action. Comments received

regarding travel and access from 1990-1994 will also be used. This

information will be used in preparation of the draft EIS. 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 process.

4. Exploring additional alternatives.

5. Identifying potential environmental effects or the proposed

action and alternatives (i.e., direct, indirect, and cumulative effects

and connected actions).

The draft EIS is expected to be filed with the Environmental

Protection Agency (EPA) and to be available for public review June

1995. EPA will publish a notice of availability of the draft EIS in the

Federal Register. The comment period on the draft EIS will be 45 days

from the date of the EPA notice appears in the Federal Register. It is

very important that those interested in the management of the Ochoco

National Forest and Crooked River National Grassland participate at

that time.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action, comments on the draft EIS should

be as specific as possible. It is also helpful if comments refer to

specific pages or chapters of the draft EIS. Comments may also address

the adequacy of the draft EIS 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.)

The Forest Service believes it is important to give reviewers

notice, at [[Page 20075]] this early stage, of several court ruling

related to public participation in the environmental review process.

First, reviewers of a draft EIS 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 EIS state

but that are not raised until after completion of the final EIS 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). In light of these court rulings,

it is very important that those interested in this proposed action

participate by the close of the 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

final EIS. To assist the Forest Service in identifying and considering

issues and concerns on the proposed action, comments on the draft EIS

should be as specific as possible.

The final EIS is scheduled to be completed around October 1995. In

the final EIS, the Forest Service is required to respond to comments

and responses 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

regarding this proposal. Tom Schmidt, Forest Supervisor, Ochoco

National Forest, is the responsible official. As the responsible

official he will document the decision and reasons for the decision in

the Record of Decision. That decision will be subject to Forest Service

appeal regulations (36 CFR Part 217).

Dated: April 14, 1995.

Thomas A. Schmidt,

Forest Supervisor.

[FR Doc. 95-10013 Filed 4-21-95; 8:45 am]

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