Travel Management Rule Implementation Strategy NEPA and Planning Rocky Mountain Region Golden, Colorado V. 092206 NEPA Team Participants Dave Cottle, Range Management Specialist, Medicine Bow-Routt NFs, Yampa RD Cindy Dean, Environmental Specialist, R2-Planning Harold “Dave” Dyer, NEPA/FOIA/Appeals Coordinator, Rio Grande NF Pat Hessenflow, Rangeland Management Coordinator, Comanche NG Marilee Houtler, NEPA Coordinator, Medicine Bow-Routt NFs, Douglas RD 1 2 Table of Contents BACKGROUND INFORMATION Travel Management Rule Highlights R2 Planning Strategy Dispersed Camping NEPA Situations Conclusion 5 5 6 6 7 7 TEMPLATE DOCUMENTS & HELPFUL HINTS Purpose and Need Issues Alternative Development Things to Think About Sample Scoping Letter NFMA, NEPA and Administrative Corrections General Decision Framework 9 9 9 10 10 11 12 13 SPECIFIC FOREST RECOMMENDATIONS NEPA Team Assumptions Forest Reviews Findings Arapaho-Roosevelt NF and Pawnee NG 15 15 17 19 Bighorn 21 Black Hills 23 Grand Mesa-Uncompahgre-Gunnison 25 Medicine Bow 27 Nebraska 29 Pike-San Isabel NFs, Comanche and Cimarron NGs 31 Rio Grande 35 Routt 37 San Juan 39 Shoshone 41 Thunder Basin NG 43 White River 45 ENCLOSURE – CLOSURE AND RESTRICTION ORDERS 47 3 This page left intentionally blank. 4 TRAVEL MANAGEMENT RULE IMPLEMENTATION STRATEGY REGIONAL OVERSIGHT IMPLEMENTATION TEAM – NEPA AND PLANNING Background Information Travel Management Rule Highlights The Travel Management Rule became effective December 9, 2005. Final text of the Rule is further codified under 36 CFR Part 212 (Travel Management), Part 251 (Land Uses), and Part 261 (Prohibitions). 36 CFR Part 295 (Use of Motor Vehicles off NFS roads) was removed in its entirety. The Rule requires designation of those roads, trails, and areas that are open to motor vehicle use. The prohibition on motor vehicle use off the designated system goes into effect once the Forest/Ranger District has designated roads, trails and areas open to motor vehicle use and a Motor Vehicle Use Map (MVUM) has been published. The Rule prohibits the use of motor vehicles off the designated system as well as use of motor vehicles on routes and in areas not consistent with the designations. The Rule will enhance enforcement by substituting a regulatory prohibition for closure orders and providing for a Motor Vehicle Use Map. The Rule allows for the designation for the limited use of motor vehicles within a specified distance of certain designated routes solely for the purposes of dispersed camping or retrieval of a downed big game animal (36 CFR § 212.51(b)). The Rule does not apply to the following: Nonmotorized uses, such as bicycles and horses. Motor vehicle use that is specifically authorized pursuant to a written authorization issued under Federal law or regulation. This includes permits issued for special events, firewood gathering, livestock operation, outfitter and guides, and lands special uses. State, county or municipal roads and trails authorized by a legally documented right-of-way subject to the control of that government authority. This includes rights-of-way under RS 2477 that have been adjudicated through the Federal court system or otherwise formally established. Private roads included in a forest transportation atlas are not subject to designation under the Rule because they are not National Forest System roads. Emergency motor vehicle use. 5 The requirements governing the designation process apply to over-snow vehicles only if the responsible official proposes to establish restrictions or prohibitions on over-snow vehicle use (§ 212.81(c)). Aircraft. Watercraft. Law enforcement operations. Administrative access. Government contractors and service contractors. Wheelchairs are specifically exempted from the definition of a motor vehicle. There is no legal requirement to allow people with disabilities to use off highway vehicles or other motor vehicles on routes closed to motor vehicle use. R2 Planning Strategy The Rocky Mountain Region has identified a strategy to implement the Travel Management Rule (hereafter referred to as the Rule) on all National Forests and Grasslands by September 2009. Planning includes all steps necessary to implement the Rule. The Rule gives responsible officials the flexibility to designate roads, trails and areas open to motor vehicle use in one step or several stages. Depending on the unit’s existing situation, the forest would work through some or all of the stages leading toward a motorized use forest transportation plan identified on a Motor Vehicle Use Map. See http://www.fs.fed.us/r2/recreation/travel_mgmt/references/Final_TravelMgmtStrategy. pdf. Dispersed Camping 36 CFR 212.51 (b) Motor vehicle use for dispersed camping or big game retrieval. In designating routes, the responsible official may include in the designation the limited use of motor vehicles within a specified distance of certain designated routes, and if appropriate within specified time periods, solely for the purposes of dispersed camping or retrieval of a downed big game animal by an individual who has legally taken that animal. If motorized access within a specified distance of designated routes for uses other then dispersed camping and big game retrieval are allowed, this is not in accordance with the Rule and changes are probably necessary. If motorized access to only dispersed camping and/or big game retrieval is currently allowed in accordance with the Rule, no changes may be necessary. It has been recognized that some forest plans or existing travel management plans may need to be modified (amended) to guide the forests into compliance with the Travel Management Rule part 212.51 (b) that includes motor vehicle use associated with access for dispersed camping or big game retrieval. Other Forests may be able to document project level decisions to implement this portion of the Rule. 6 NEPA Situations Once it has been determined that changes are needed relating to motorized access for dispersed camping and/or big game retrieval decisions, there are four different situations. For efficiency, make certain you are doing the appropriate level of analysis documented in the appropriate NEPA document. Situation #1 There needs to be a change to an existing plan (Forest Plan or Travel Management Plan) and it is determined the environmental documentation is in the form of an EIS. The decision will be documented in a Record of Decision. The timeline for completion is a minimum of 6 months and includes: • Scoping – usually 30 days • A minimum of a 45 day comment period • A 105 day appeal period (45 day appeal period, 45 day response period, and a 15 day stay) Situation #2 The Forest needs to complete an environmental analysis and decision using an environmental assessment (EA). The timeline for completion is a minimum of 5 months and includes: • Scoping (can be within 30 day comment period) per 215 • A 30 day comment period • A 105 day appeal period (45 day appeal period, 45 day response period, and a 15 day stay) Situation #3 There needs to be a change in a Forest Plan. This must be a Forest Plan amendment and would be analyzed and documented in either an EIS or an EA. See timelines given above. Situation #4 There needs to be an administrative correction or change to the Forest Plan. Changes that require clarification (changing the wording of a phrase) do not require NEPA but should include public involvement through a public notice. • Minimum timeline would be approximately 30 days. Conclusion The following paper is meant to provide templates as well as helpful hints for forests to use when implementing the R2 strategy in the step or stages of their process that require NEPA analysis, specifically related to access for dispersed camping and/or big game retrieval. 7 This page left intentionally blank. 8 Template documents and helpful hints Purpose and Need The following statement could be applied to any NEPA document associated with the Travel Management Rule: “THE PURPOSE AND NEED FOR THIS ACTION IS TO IMPROVE MANAGEMENT OF MOTORIZED VEHICLE USE ON NFS LANDS WITHIN THE (NAME OF FOREST) NATIONAL FOREST/GRASSLAND IN ACCORDANCE WITH PROVISIONS OF 36 CFR PARTS 212, 251, 261, AND 295 ‘TRAVEL MANAGEMENT; DESIGNATED ROUTES AND AREAS FOR MOTOR VEHICLE USE.’” It is recommended that the purpose and need statement go beyond what is listed above and describe why it is necessary to make the specific changes that are being proposed. Focus on the problem to be solved contrasting the existing and desired conditions. Tie it to resource conditions along with the above need to implement the Rule. Issues The following are a list of brainstormed issues for a Forest to consider. The team felt that the issues to be addressed for implementing the Rule would primarily be related to social and economic concerns. Consider whether the following are issues that would apply to your Forest: • • • • • • • • • • • • Don’t focus on disallowing uses; we’re limiting the motorized access off designated roads/trails to protect forest resources. We’re not diminishing the forest experience. Displacement of users from areas they’ve become accustomed to traveling off roads/trails. Higher use/crowding in already designated areas. Public safety related to parking on Forest Roads. User conflicts – vehicle classes and route type. Changing experience or opportunity. Sense of Place Tribal use Heritage resources Economic impacts – more fees for concessionaire managed facilities, private campgrounds and picnic areas see increasing use. Districts may be able to gather quantitative data from Law Enforcement (violation notices, warnings). Cumulative effects are very important. Need to keep track of when doing project level analysis. 9 Alternative Development There are two possible no action alternatives for a forest: No Action – Existing Forest Plan standards and guidelines, existing travel management plans, and existing Forest orders are in compliance with the Travel Management Rule. A Motor Vehicle Use Map can be published. or No Action – Current Land Management Plans, travel management decisions and forest orders remain in effect until future designation decisions are completed. Proposed Actions by Forest – see the decision framework for each Forest on a table in this document. See pages 19 – 46. Things to Think About The following list contains some of the items to consider as a Forest begins to determine what is necessary to bring about Rule implementation. • Motor Vehicle Use Map - Consistency check with Visitor Use Maps • When rescinding travel orders, check to ensure snowmobile orders and other uses are covered. • Re-examine project level decision to ensure compliance with the rule • Signage is not required for unauthorized motorized use. • For significance under NFMA – will need to consult with experts for social component. • Environmental Justice needs to be looked at. • MVUM will need to show vehicle classes • Need to review Forest Plan Standards and Guides to double check for other resource-related motorized travel closures or restrictions. • Recognize positive impacts – increase physical fitness • Wildlife/TES - What do we need to do? The following is based on discussion with Nancy Warren, R2 T/E/S Program Leader. a. No consultation needed for Forests in which their Forest Plan S&Gs are consistent with the Rule. b. Check previous FWS consultations for Forest Plans to see if they addressed motor vehicle access. c. Are there any new species listings that need to be considered? Is there new information on currently listed species? d. If effects are the same or less by implementing the Rule then we don’t need to consult with FWS. e. We could batch consultation for more than one forest if the changes are similar. f. If the forests differ on the changes that need to be made, consult on each forest separately. g. May also look at winter use with regard to Lynx – over snow vehicles. 10 Sample Scoping Letter The following is a sample scoping letter. If travel analysis is done prior to beginning NEPA and scoping, the proposed action should be focused and specific. Dear Interested Party: The 2005 Travel Management Rule (the Rule) published in November 2005, clarified policy related to motor vehicle use including the use of off highway vehicles through revision of travel management regulations. The clear identification of roads, trails and areas for motor vehicle use on each National Forest and Grassland will enhance management of National Forest System lands; sustain natural resource values through more effective management of motor vehicle use; enhance opportunities for motorized recreation experiences on National Forest System lands; and preserve areas of opportunity on each National Forests and Grasslands for non-motorized travel and experiences. The first step in implementing the rule involves bringing Forest Plans, travel management plans, and Forest Orders into compliance with provisions of the Rule. To accomplish this, we are proposing to (check one or more of the following that applies to your situation): o Amend the _____ Forest Plan. o Update or revise ____ Travel Management Plan through o Supplemental information report o EA o Provide dispersed camping within the scope of the Rule through o Forest Plan Amendment o Travel Management plan or revision o Provide big game retrieval within the scope of the Rule through o Forest Plan Amendment o Travel Management plan or revision o All of the above If the Forest amends the Forest Plan they will need to discuss public scoping, decision to be made, etc. for a regular EA process. If the Forest is updating or revising travel management plans, they will need to add additional information here. 11 NFMA, NEPA, and Administrative Corrections Each Forest may elect to administratively correct their Forest Plan to bring it into alignment with the Rule. These corrections are optional. The CFR regulations further describe these corrections. Significance determinations for both NFMA and NEPA are also provided below. Administrative Corrections to the Forest Plan - 36 CFR § 219.7(b) § 219.7 Developing, amending, or revising a plan b) Administrative corrections. Administrative corrections may be made at any time and are not plan amendments or revisions. Administrative corrections include the following: (1) Corrections and updates of data and maps; (2) Corrections of typographical errors or other non-substantive changes; (3) Changes in the monitoring program and monitoring information (§219.6(b)); (4) Changes in timber management projections; and (5) Other changes in the Plan Document or Set of Documents, except for substantive changes in the plan components. For NFMA Significance determinations: • timing of proposed change with current plan, location and size of are involved in the change, goals, objectives and outputs are changed in relation to FP, management prescription For NEPA Significance determinations: • Specialist input • Social and economic impacts alone can never rise to “significance” in a NEPA sense. Once you’ve initiated NEPA, the social and economic impacts need to be discussed but they shouldn’t be used in determining significance. This means that proposals that limit environmental impacts at the cost of social impacts will not normally require an EIS. Fashion the significance determination to address “These are not significant because …” Advice is to design the project, proposed actions, design criteria to mitigate negatives, address economic and social impacts, benefits, etc. 12 General Decision Framework The following framework was identified to determine how current decisions and documentation could be brought into compliance with the Rule: The responsible official will decide: 1. Whether or not the Forest Plan is in conflict with the Rule and needs to be amended to comply with the Rule: a. Administrative – Non-substantive change in wording (i.e. off-road to off highway vehicle) that does not involve a change on the ground. This type of change does not require NEPA but does involve public notification. These types of changes are often optional. b. Amendment – substantive changes requiring an EA o Non-significant for purposes of NFMA o Significant for purposes of NFMA (significance determinations – timing, location and size, objectives and outputs, management prescription) Note: One question to ask is whether the language in the Forest Plan represented a decision that now requires an amendment or not. 2. Whether or not the Travel Management Plan is in conflict with the Rule and needs to be amended to comply with the Rule: a. Supplemental Information Report (SIR) – to document new information that does not have a bearing on the analysis or decision. b. Revise the Travel Management Plan with an EA/EIS – to document new information that results in changes or additions to the understanding of impacts, or changes the decision. Results in a new Decision Notice/FONSI or ROD. 3. Whether or not the forest orders associated with travel management are in conflict with the Rule or are no longer needed. a. Terminate orders that are consistent with the Rule when the MVUM is published. b. Terminate orders in conflict with regulations under 36 CFR 261. c. Submit a revised order following the R2 forest order process tiered to a NEPA decision if elements of the order need to be carried forward (e.g., over-snow vehicles). 4. Whether or not the Forest Visitor Use map is in conflict with 2005 Travel Management Rule and needs to be updated. (NEPA is not required to update a Visitor Use map. The forest visitor use map holds no legal authority and is not used for law enforcement purposes.) 5. Whether or not to provide for motorized travel off designated roads/trails for a specified distance for the purpose of dispersed camping within the scope of the 2005 13 Travel Management Rule (36 CFR § 212.51 (b)). A NEPA analysis/decision is often needed. 6. Whether or not to provide for motorized travel off designated roads/trails for a specified distance for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR § 212.51 (b)). A NEPA analysis/decision is often needed. NOTE: Each National Forest/Grassland needs to go back to review all of the documents associated with travel management and make any necessary changes. 14 Specific Forest Recommendations Each National Forest and/or Grassland provided a reply to the Regional Oversight Implementation Team regarding the state of their transportation planning management at the forest level. Some districts within the forest or grassland may differ from the forest condition. A NEPA Team convened the week of July 17, 2005 and reviewed each forest’s list of Forest Plan standards and guidelines, visitor map wording and forest orders currently in place pertaining to travel management. The Forest Plan standards and guidelines provide the base information for travel management planning. We discovered that in some cases off-route travel is prohibited, in others, off-route travel is allowed or implied. The recommendations made in this paper are only that; the NEPA Team did not have access to all forest orders or other information pertaining to travel management on each National Forest and/or Grassland. The task was to evaluate what it would take to expedite the designation process realizing that future refinement may need to take place through a multi-staged process for each forest or unit. NEPA Team Assumptions The following assumptions were identified by the NEPA Team to bring Forest Plans, Travel Management Plans, forest orders and maps into compliance with the Rule: Any current decision that allows off-route motor vehicle travel other than for dispersed camping and/or big game retrieval (and not covered by one of the exemptions) will be amended or revised. The Rule and subsequent guidance allows limited use of motor vehicles within a specified distance solely for the purposes of dispersed camping or big game retrieval. There is no discretion to allow off-route motor vehicle travel for any other purposes unless authorized under permit or in a designated area. Forests that have made decisions allowing motor vehicle travel off-route for purposes other than dispersed camping and/or big game retrieval will need to amend those decisions before publishing their Motor Vehicle Use Map. Administrative changes to a Forest Plan standard or guideline that require clarification (changing the wording of a phrase) do not require NEPA, but do require the publication of a public notice for at least 30 days (36 CFR § 219.7(b)). Elements of a forest order that reflect an existing designation (e.g., dispersed camping within 300 feet of a road) that are consistent with the Rule would become moot when the MVUM is published. Elements of current direction contained in a forest order that are consistent with the Rule can be brought forward without additional NEPA analysis. Proposed modifications (e.g., changing the specified distance for dispersed camping) to current direction would need to be carried forward into NEPA analysis. 15 Orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. Forests should NOT retain the order or issue a new one – rather, the designation should be reflected on the MVUM. If an order is to be rescinded, a Termination of Order (FSH 5309.11) document is prepared. See correspondence dated 5/4/05, Subject: Regional and Forest Orders under 36 CFR, Part 261 Subpart B; File Code 1010. A copy is included as an enclosure to this document. National Forest System roads and trails that are currently numbered and identified in a transportation atlas could be identified as “designated routes” for purposes of expediting compliance with the Rule. Changing the designation of roads, trails and areas, or making recommendations for particular classes of vehicles (e.g., singletrack, unlicensed, street legal licensed, >50” wide, <50” wide) would need to be made in subsequent analysis on each Forest or unit. Many Forests have identified a distance of 100 to 300 feet for motor vehicle access off road/travelway. The Rule did not specify a distance; rather the Rule allows for the designation for the limited use of motor vehicles within a specified distance of certain designated routes solely for the purposes of dispersed camping or retrieval of a downed big game animal. Each Forest may decide on a different specified travel distance through subsequent NEPA analysis (as applicable) than what is contained in existing plans, maps, or orders. 16 Forest Review Findings It was found that on a “typical” R2 Forest, the Land and Resource Management Plan (LRMP) either: • Restricted motor vehicle use to designated routes, unless otherwise provided through project-level decisions or • Motor vehicle use was to be allowed, restricted, or prohibited through projectdecisions. Implementation of the travel management rule does not conflict with either of these provisions. An amendment to the LRMP is necessary if you can’t implement the Rule without amending the Plan. On only two Forests was it found that an amendment to the LRMP is essential: • The Nebraska’s LRMP specifically provides that the forest is generally open to crosscountry motor vehicle use • The White River’s LRMP restricts motor vehicle use to within 300 feet of designated roads for a variety of purposes. Many R2 Forests have existing orders which restrict motor vehicle use but include an exception for any use within 300 feet of a designated road. Changing this exception to limit use within the corridor to only dispersed camping and/or big game retrieval would require appropriate environmental analysis but not (except for the White River where this provision is within the LRMP) an amendment to the LRMP. Other R2 Forests do not currently restrict motor vehicle use to designated routes. They will need to do appropriate environmental analysis to implement such a restriction, but again, a LRMP amendment is not necessary unless the “open” designation is specifically provided in the LRMP (as in the case of Nebraska noted above). It was found that only two Forests can implement the Rule without doing any further environmental analysis: • The Bighorn which allows motorized travel for dispersed camping only within a 300 foot corridor • The PSI which allows no travel off of designated route. The following pages outline the NEPA Team’s review for each National Forest/Grassland. For each National Forest/Grassland there are two tables: • The first table displays the information contained in the Forest Plan, Forest Orders, Forest Visitor Map, and Travel Management Plan(s) the NEPA Team relied on for the decision framework. • The second table displays the results of the NEPA Team’s review and suggestions documented in the format of the decision framework. The first column reiterates the decision questions from the framework. The second column has an answer, “Yes” or “No” or “unknown”, in response to the questions in column one. The third column describes the results of the teams review, and the fourth column identifies whether NEPA analysis is needed. 17 This page left intentionally blank. 18 ARAPAHO-ROOSEVELT NF & PAWNEE GRASSLANDS Designated travelways displayed on the forest visitor map, and newly constructed travelways, are open to motorized-vehicle use unless a documented decision shows that: a. motorized use conflicts with Forest Plan objectives b. motorized travel is incompatible with the Recreation Opportunity Spectrum Class c. travelways are located in areas closed to motorized use and are not “designated routes” d. motorized use creates user conflicts that result in unsafe conditions unrelated to weather conditions e. physical characteristics of travelways are hazardous for motorized use f. travelways do not serve an existing or identified future public need g. financing is not available for maintenance necessary to protect resources On all lands outside of designated travelways, motorized use with wheeled vehicles is restricted unless the forest visitor map or a Forest Order indicates that use is specifically allowed. Snow machine use is allowed unless specifically restricted. Several road corridors are closed to camping except in developed campgrounds. Several road corridors are closed to camping except in designated sites. Camping except in designated campgrounds and designated dispersed campsites. 36 CFR 261.58(e) Motor vehicle travel is permitted only on Forest Roads that are marked by posts showing the road number, and not otherwise posted closed. Travel by motor vehicle cross country, or on roads or trails posted closed to motorized travel is prohibited; except for over-the-snow vehicles operating on snow where they have not been specifically prohibited. (Travel is permitted by direct access up to 300 feet from authorized travel routes to suitable parking sites for camping or picnicking where such travel will not cause damage to the resource). Forest Order (#10-00-03) prohibits "Using or possessing a motorized vehicle off numbered Forest Development roads or designated travel routes" (36 CFR 261.56). Direct motorized vehicle access is authorized to suitable parking sites within 300 feet of an open road for recreation activities such as camping, picnicking, birdwatching, photography, or hunting. Forest Plan standard UFC-01-05 (5-25-05) Associated CE with this Forest Order 10-00-03 (6-10-99) Section IV. Road and Trail Closures No NEPA at that time Order 10-00-03; Section I. Vehicles; No NEPA Forest Map wording; no associated NEPA 19 DECISION FRAMEWORK ARAPAHO-ROOSEVELT NF & PAWNEE GRASSLANDS Whether to amend or N The provided language in the Forest Plan appears to administratively change the be in the nature of a description of a desired Forest Plan condition and appears to be broad enough that it is not inconsistent with the Rule. Whether to withdraw or modify forest orders associated with parking sites for camping and picnicking, etc. Y NEPA not needed The Forest may want to change the Forest Plan standard to clarify whether the intent was to allow motor vehicle travel on ALL newly constructed travelways or if the intent was to allow travel only on roads/trails designated for public use. Suggested change that could be made to Forest Plan Std: Designated travelways displayed on the MVUM, and newly constructed designated travelways... Forest orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. Withdraw order #10-00-03. The Order allows motorized vehicles to travel off designated roads/trails for more than dispersed camping and big game retrieval. Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Y Forest map – modify to be consistent with the Rule. Y Wording needs to be changed so that off-route motor vehicle travel is limited to dispersed camping. Motor vehicle travel within 300 feet of a designated road for a variety of activities is included in the Forest Order and on the Forest Visitor Map. NEPA needed Prepare a NEPA analysis to restrict motor vehicle use within the corridor to only dispersed camping. Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). N It is assumed the Forest does not want this allowance. 20 BIG HORN NF On all lands outside designated travelways, prohibit motorized travel unless the Forest Visitor map or a Forest Order indicates that such use is specifically allowed. Allow over-snow vehicle use on snow unless specifically restricted. Forest Plan Standard Where not otherwise prohibited through closures or other designations (e.g., Cloud Peak Wilderness, etc.), travel by motorized vehicles for dispersed camping and firewood gathering is allowed up to 300 feet off of open National Forest System (posted and numbered) routes, where developed parking sites are not provided, and where not otherwise prohibited. Such travel must not cause resource damage. Forest Order 2005-08 When developed parking is not provided in areas closed to off-road motor use, direct access to a suitable parking site is authorized within 300 feet of an open road. Such travel is not allowed if otherwise prohibited or if it would damage the land or streams. Please select your route carefully, and do not cut live trees. Forest Map wording 21 DECISION FRAMEWORK BIG HORN NF Whether to administratively change the Forest Plan Whether to withdraw or modify forest orders. Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). N N Y N Forest Plan standard is okay. The Forest may want to change the Forest Plan standard from “Forest Visitor Map” to “Motor Vehicle Use Map”. Forest orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. NEPA not needed Forest Order #2006-08 is consistent with the Rule. It will become moot when the MVUM is published. Forest map – modify to be consistent with the Rule. Wording on the map needs to be changed so that offroute motor vehicle travel is limited to dispersed camping and other authorized/permitted uses within 300 feet of a designated road. Motor vehicle travel within 300 feet of a designated road for dispersed camping and fuelwood collection was included in order #2006-08. The elements of the order can be brought forward on the MVUM without additional NEPA analysis. Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). N It is assumed the Forest does not want this allowance. 22 BLACK HILLS NF AND GRASSLANDS With regard to management of motorized travel, management areas are designated as allowed, restricted, or prohibited for road, off-road and snow travel. The need for modifying motorized travel opportunities within management areas may be identified during project planning and will be accomplished through project decisions. Existing travel orders will continue in effect as part of the Revised Forest Plan unless changed by management area direction. Motorized off-highway vehicle travel opportunities and restrictions, both those listed in the table below and any modified through project decisions, will be displayed on the Forest Visitor Map or contained in a Forest Travel Order. Implementation of Forest Travel Orders on the ground shall be in compliance with the Black Hills National Forest Access Management Guide. Forest Plan Standard #9102 Management of motorized travel is summarized in the following table. Table shows the following mgmt areas have motorized off-road travel allowed: 5.1, 5.1A, 5.3A, 5.6. Forest Plan Guideline #9103 In addition, the following mgmt areas have motorized off-road travel restricted (see below): 3.31, 5.4 Off-road motorized travel is allowed unless restricted by a project decision. Off-road motorized travel is allowed on trails only. Off-road motorized travel is prohibited from December 15 through May 15. Vehicular traffic, except for snowmobiles, will be restricted to roads and trails in riparian areas. Allowable motor vehicle use is described in the AREA TABLE. Individual travel routes with specific restrictions are highlighted on the map with an orange line and the regulations are described in the ROAD AND TRAIL TABLE. Forest Plan Guideline: 5.1-9101; 5.1A-9101; 5.3A-9101; 5.6-9101. Forest Plan Guideline 3.31-9102 for Mgmt area 3.31 Forest Plan Standard 5.4-9101 for Mgmt Area 5.4 Forest Plan Guideline #9108 Forest Map wording 23 DECISION FRAMEWORK BLACK HILLS NF Whether to amend the Forest Plan N Guideline 9101- (MA 5.1) Offroad motorized travel is allowed unless restricted by a project decision. Guideline 9101 (MA 5.4) Offroad motorized travel is prohibited from December 15 through May 15. Guideline 9102 (MA 3.31) Offroad motorized travel is allowed on trails only. Guideline 9108 Vehicular traffic, except for snowmobiles, will be restricted to roads and trails in riparian areas. Whether to do a NEPA analysis/decision to address x-country travel. Whether to withdraw or modify forest orders. Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Y N Y Y Y If the Forest does a project decision for MA 5.1 to restrict off-road travel, this guideline can remain. This guideline gives the impression off-road travel is allowed from May 16 – December 14. If the Forest does a project decision for MA 5.4 to restrict off-road travel for the remainder of the year, this guideline can remain. Consistent with the Rule. Consistent with the Rule. The Forest could change the wording to designated roads and trails in riparian areas. Forest needs to address cross-country motor vehicle travel for specific areas and restrict travel to designated roads, trails, and areas. Forest orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. NEPA needed for project decision NEPA needed for project decision Admin change – no NEPA needed NEPA needed The Forest response was that they did not have any orders specific to Travel Management. Wording on the map needs to be consistent with the Rule so that off-route motor vehicle travel is limited to dispersed camping, big game retrieval and other authorized/permitted uses within a specified distance of a designated road. The forest needs to identify specific proposed changes to its current travel management direction and address them through NEPA. The big change for the Forest will be to restrict motor vehicles to the designated system. As a component of this, they’ll also likely consider adding certain user-created routes to the system and making some provision for dispersed camping and/or big game retrieval. See above. NEPA needed NEPA needed 24 GRAND MESA, UNCOMPAHGRE AND GUNNISON NF GMUG Classify areas as to whether off-road vehicle use is permitted. a. Specify off-road vehicle restrictions based on OHV use management. GMUG – Grand Mesa GMUG – Grand Mesa GMUG – Uncompahgre GMUG – Uncompahgre GMUGGunnison GMUG – Gunnison Off route travel to a suitable parking area within 300 feet of a roadway is allowed. This travel must not result in resource damage. 1) Prohibited to possess or operate any type of motorized vehicle off of designated routes or using motorized vehicles on the NFS roads and/or trails unless shown as open to such use. Exception: In areas where developed parking sites are not provided and where not otherwise prohibited, direct access to a parking site within 300 feet of the travel route is authorized. 2) Prohibited to possess, ride or operate any type of mechanized vehicle or saddle or pack animal on NFS trails that have been closed to that use. 3) Using any off highway vehicle on trails designated open to ATVs that does not meet the definition as identified in FSH 2309. In areas where developed parking sites are not provided for camping, trailheads, or fuelwood gathering, people can drive to a suitable parking site within 300 feet of a designated route; unless this is expressly prohibited and signed. Off road travel must not damage the land vegetation or streams and not live trees may be cut. 1) Prohibited to possess or operate any motorized, or any mechanized vehicle off a NFS road, unless it is on a route designated for such travel Exceptions: In areas where developed parking sites are not provided and where not otherwise prohibited, direct access to a suitable parking site within 300 feet of a roadway is authorized. Travel under this exception must not damage the land or streams. 2) Prohibited to operate any unlicensed motor vehicle, such as but not limited to, all terrain vehicles (ATV) and trail motorcycles, on any NFS road 3) Prohibited to possess or operate any motor vehicle on a NFS road that has been closed to motorized vehicles. Travel off established routes using a mountain bike, motorcycle, ATV, full size vehicle, or any other wheeled vehicle that facilitates human travel is prohibited. Exception: In areas where developed parking sites are not provided, and where not otherwise prohibited, direct access to a suitable parking site within 300 feet of a roadway or trail is authorized. Travel under this exception must not damage the land or streams. Travel 300 feet off of established or designated routes for camping, picnicking and firewood gathering is allowed, on the National Forest system land and BLM system land North and East of Lake City, provided that use does not result in resource damage. Off-route travel by wheeled vehicles is not allowed for hunting and game retrieval purposes at any time of the day. However, non-motorized game carts are allowed off routes in non-wilderness areas. Travel off routes in the Alpine Loop Back Country Byway area is prohibited. Forest Plan Standard and Guideline Grand Mesa Travel Plan Order 01-2005 Grand Mesa Uncompahgre Travel Plan Order 02-08 Order 02-07 Gunnison Forest Map wording 25 DECISION FRAMEWORK GRAND MESA, UNCOMPAHGRE AND GUNNISON NF N The Forest Plan standard is okay. The wording Whether to administratively change the Forest Plan could be changed from off-road vehicle use to offhighway vehicle use. Suggested change to Forest Plan Std: Classify areas as to whether off-highway vehicle use is permitted off designated roads, trails and areas. Whether to withdraw or modify forest orders. Y NEPA not needed Forest orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. Note: the existing orders go far beyond the Rule by restricting use by bicycles and other wheeled vehicles. Those portions of the orders will need to be retained. Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Y Forest map – modify to be consistent with the Rule. Y Wording needs to be changed so that off-route motor vehicle travel is limited to dispersed camping or authorized permitted uses within 300 feet of designated roads. Motor vehicle travel within 300 feet of a designated road for dispersed camping, parking, fuelwood gathering, and picnicking was included in the Grand Mesa and Uncompahgre Travel Plans, in Travel Orders, and on the Forest Visitor Map. NEPA needed Travel Plans would need to be prepared/amended to allow ONLY for motor vehicle travel 300 feet to dispersed campsites or authorized permitted uses off designated roads and trails. N The Forest Visitor map states “Off-route travel by wheeled vehicles is not allowed for hunting and game retrieval purposes at any time of the day.” It is assumed the Forest does not want this allowance. 26 MEDICINE BOW NF Prohibit motorized use with wheeled vehicles on lands more than 300 feet from designated travelways except for authorized emergency services and administrative uses and unless geographic area direction identifies specific motorized access. Individuals possessing a valid permit for hunters with qualifying disabilities as issued by the Wyoming Game and Fish Department will be allowed to use an ORV to retrieve downed big game providing resource damage does not occur. The following acts are prohibited on the Pole Mountain portion of the Laramie District, Medicine Bow National Forest: Operating motorized vehicles off designated Forest Development Roads on the Pole Mountain Area except to travel to a suitable parking site within 100 feet of any roadway where developed parking is not provided, and when resource damage will not occur. The following acts are prohibited: Forest Plan Standard and says [Medicine Bow NF Travel Mgt Plan] Travel Order 2001-06 for Pole Mountain 1. Possessing or using a motorized wheeled vehicle off forest development roads. The following persons are exempt from this order: Travel Order #2001-03 3. Any person operating a wheeled motor vehicle up to 300 feet off of a designated Forest Development Road for the purpose of accessing of camping, picnicking, parking, gathering fuel wood, or retrieving downed big game provided the most direct route is taken to and from the area and no resource damage occurs. Camping and picnicking are permitted in developed sites and in dispersed areas. Travel is permitted to dispersed campsites and picnic sites within 100 feet of designated routes, provided that travel is by the most direct route and does not damage the land and streams. The following acts are permitted: Travel Map wording for Pole Mountain. 1. To travel by the most direct access to a suitable parking site within 100 feet of the roadway where developed parking sites are not provided, and where parking is not marked as prohibited. In addition, within certain A and B areas, motorized travel is allowed only on roads designated as open or signed with a white arrow and up to 300 feet on each side of the road’s centerline for camping, parking, picnicking, game retrieval, and firewood collecting, provided no resource damage is done. Medicine Bow 1998 Visitor Map 27 DECISION FRAMEWORK MEDICINE BOW NF Whether to amend the Forest Plan Whether to withdraw or modify forest orders. N Y The standard does not contradict the Rule but it implies that everything is open to motor vehicle travel within 300 feet from designated travelway for ALL uses except when closed. In that regard it does not need to be changed but the Forest could do so as part of the NEPA analysis/decision discussed below. The Rule requires a specified distance for motor vehicle travel for big game retrieval and the standard implies disabled hunters can travel any distance for retrieval of big game. Again, the standard does not contradict the Rule but implies travel that could be contradictory to the Rule. Travel Order 2001-03 gives a limit of 300 feet and appears to be for all hunters, not only disabled. Forest orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. Withdraw order #2001-06. The order allows motorized vehicles to travel off designated roads/trails 100 feet for ALL uses. Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Y Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Y Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). N Withdraw order #2001-03. The order allows motorized vehicles to travel off designated roads/trails 300 feet for ALL uses. Forest map – modify to be consistent with the Rule. Wording needs to be changed so that off-route motor vehicle travel is limited to dispersed camping, big game retrieval or authorized permitted uses within 100 feet (Pole Mtn map) or 300 feet (Forest Visitor map) of designated roads. Motor vehicle travel within 300 feet of a designated road for all uses including dispersed camping was included in the special order. NEPA needed A NEPA analysis/decision is needed to restrict motor vehicle use within the corridors to only dispersed camping. Travel Order #2001-03 and the Forest Visitor Map allowed for motor vehicle travel for big game retrieval within 300 feet of a designated road. NEPA would only be necessary to the extent the forest proposes to change the current provision. 28 NEBRASKA NF Nebraska Do not restrict motorized vehicle use on existing roads and trails until a decision is made designating non-motorized areas and travelways, unless specifically prohibited in management area direction or existing orders. Forest Plan Guideline Unless you are driving a high clearance, four-wheel drive vehicle, you should limit your travel to the maintained gravel and blacktop roads. Nebraska NF– Nebraska and Samuel R. McKelvie NFs Bessey Ranger District Unlike most backcountry areas, the unimproved trail roads are better suited for travel after recent moisture than when they have been dry for extended periods. Be careful to avoid loose, dry sand if possible. Forest Map wording Off Highway Vehicles (OHV), commonly known as ATV’s, are not allowed at any time in an area of approximately 200 acres surrounding Scott Fire Lookout Tower. Nebraska NF – Oglala National Grassland Pine Ridge Ranger District Nebraska NF – Buffalo Gap National Grassland You are welcome to use the national forest and grassland at any time, unless there is an area closure to protect resources or public safety. The state lands are similarly available for public use. Do not restrict motorized vehicle use on existing roads and trails until a decision is made designating non-motorized areas and travelways, unless specifically prohibited in management area direction or existing orders. Forest map wording Forest Plan Guideline 29 DECISION FRAMEWORK NEBRASKA NF Whether to amend the Forest Plan Y Whether to withdraw or modify forest orders. ? Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Y Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Y The language in the Forest Plan is directly contradictory to the Rule. NEPA needed Recommended change in wording of the guidelines: “Restrict motor vehicle use to designated roads, trails and areas.” Forest orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. No special orders were provided. Forest map – modify to be consistent with the Rule. Wording on the maps implies that the Forest and Grasslands are open to off-route travel. Needs to be changed so that off-route motor vehicle travel is limited to dispersed camping and other authorized/permitted uses within a specified distance of a designated road. Existing information is silent on the need for motorized travel for dispersed campsite access. NEPA needed Motor vehicle travel within a specified distance of a designated road for purposes of accessing a dispersed campsite would need to be included in a NEPA analysis/decision. Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Y Existing information is silent on the need for motorized travel for big game retrieval. NEPA needed Motor vehicle travel within a specified distance of a designated road for purposes of big game retrieval would need to be included in would need to be included in a NEPA analysis/decision. 30 PIKE AND SAN ISABEL NFS AND CIMARRON AND COMANCHE NGS PSICC - All Classify areas as to whether off-road vehicle use is permitted. PSICC - All Emphasis is on semiprimitive motorized recreation opportunities. Management emphasis is for semiprimitive motorized recreation opportunities such as snowmobiling, four-wheel driving, and motorcycling both on and off roads and trails. Motorized travel may be restricted or seasonally prohibited to designated routes to protect physical and biological resources. Specific land areas or travel routes may be closed seasonally or year-round for compatibility with adjacent area management, to prevent resource damage, for economic reasons, to prevent conflicts of use, and for user safety. a. Specify off-road vehicle restrictions based on ORV use management. Forest Plan standards and guidelines – in Section III, Management Direction Forest Plan standards and guidelines – in Section III, Management Direction, Prescription 2A Prohibit motorized vehicle use (including snowmobiles) off Forest System roads and trails in alpine shrub and Krummholz ecosystems. Prohibit motorized vehicle use (except snowmobiles operating on snow) in other alpine, and other ecosystems, where needed to protect soils, vegetation, or special wildlife habitat. PSICC - All Emphasis is on rural and roaded-natural recreation opportunities. Management emphasis is for rural and roaded-natural recreation opportunities. Motorized travel may be prohibited or restricted to designated routes, to protect physical and biological resources. Provide roaded natural or rural recreation opportunities along Forest arterial, collector, and local roads which are open to public motorized travel. Prohibit motorized vehicle use (including snowmobiles) off Forest System roads and trails in alpine shrub and Krummholz ecosystems. Prohibit motorized vehicle use (except snowmobiles operating on snow) in other alpine, and other ecosystems, where needed to protect soils, vegetation, or special wildlife habitat. Close roads and trails to motorized travel when the surface would be damaged to the degree that resulting runoff into adjacent water bodies would exceed sediment yield threshold limits. PSICC – Pike and San Isabel Forest Plan standards and guidelines – in Section III, Management Direction, Prescription 2B The following prohibitions apply to all areas of the restricted area and are depicted and shown on Exhibits A,B,C,D,E,F,G, and H. Possessing or using a motor vehicle off of National Forest system roads except snowmobiles operating on at least six inches of snow. Using any type of vehicle on any National Forest system road or trail except those vehicles that are allowed by signing on that road or trail. Forest Order UFC 01-05 31 PSICC – Pike PSICC – San Isabel PSICC Comanche Except as noted below, the Pike National Forest is closed to cross-country motorized use in order to prevent resource damage, such as that caused by the unplanned development of new roads, and to reduce the disturbance of wildlife. Cross-country travel by snowmobile is generally allowed, provided that the snowmobile is operated on snow. However, B Areas are closed to snowmobiles for protection of sensitive wildlife, and C Areas are closed to all motorized vehicle use. There are, however, designated snowmobile routes through B Areas that are highlighted on the map, noted in the ROAD AND TRAIL TABLE, and signed on the ground with orange diamonds. Except as noted below, the San Isabel National Forest prohibits cross-country motorized use. This is the prevent resource damage, such as that caused by the unplanned development of new roads, and to reduce the disturbance of wildlife. Cross-country travel by snowmobile is allowed, except in A areas, provided that the snowmobile is operated on snow. Snowmobiles are allowed within the A areas only on designated snowmobile routes. This is for protection of sensitive wildlife or to facilitate non-motorized recreation. Designated routes are highlighted on the map, noted in the ROAD AND TRAIL TABLE, and signed on the ground with orange diamonds. Forest Map wording On the National Grassland, motor vehicle use is allowed, except in the areas identified on the map or on the ground, for environmental, seasonal, or management considerations A network of numbered routes make most of the Comanche accessible. Other roads are identified by national Grassland road numbers or Highway numbers. Generally, motorized travel is permitted on roads and trails. Some areas identified on the map have motorized travel restrictions. Please contact the District Ranger’s office for additional information or questions regarding a specific area. PSICC Cimarron Forest Map Wording Forest Visitor Map wording Motor vehicle use on the Cimarron National Grassland is controlled to provide safe travel while protecting natural resources and to minimize conflicts with nonmotorized use. Specific rules have been established by the Forest Supervisor and are on display at the District Ranger’s Office. A network of numbered and lettered roads make most of the Grassland accessible. The small white “R” pattern in the green area on the map indicates that restrictions to off-road motorized travel are in effect. All other areas are open to off-road travel except when marked on the ground for seasonal closures to protect wildlife and other resource values. Please contact the District Ranger’s office for additional information about these seasonal closures. Forest Visitor Map Wording 32 DECISION FRAMEWORK PSICC Whether to administratively change the Forest Plan N Management direction wording is okay. The Forest may want to change the Forest Plan standard from off-road vehicle use to off-highway vehicle use. NEPA not needed (Management Direction) Whether to amend the Forest and/or Grassland Plans (Standards for 2A and 2B) Whether to withdraw or modify forest orders. [No Grassland orders were provided to the team] Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Whether to revise Grassland Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Suggested change to Forest Plan Std: Classify areas as to whether off-highway vehicle use is permitted off designated roads, trails and areas. N Forest Plan Std (2A and 2B) – wording is okay assuming motorized travel is subsequently restricted to designated routes which currently Forest Order UFC 01-05 does. N Forest orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. It appears that the special order is consistent with the Rule. The order would need to be modified when the MVUM is published so that the snowmobile prohibitions remain in place. N Forest map wording appears to be consistent with the Rule. Y The wording on the map isn’t clear. It appears the map wording for the Comanche and the Cimarron implies the grasslands are open for motor vehicle travel. N The Forest Order restricts motorized travel to the designated system. If the Forest wants to allow motor vehicle use a specified distance from the designated system for the purpose of dispersed camping, this would need a NEPA analysis/decision. It is assumed the Forest does not want this allowance. N It is assumed the Forest does not want this allowance. 33 This page left intentionally blank. 34 RIO GRANDE NF On all lands except designated travelways, motorized use with wheeled vehicles is restricted unless the Forest Map or a Forest Order indicates that such use is specifically allowed. Snow machine use on snow is allowed unless specifically restricted. Forest Plan Standard The following is prohibited: To possess or use a motorized vehicle off a Forest Development Road or on a road that is not designated with a number. The following exceptions are authorized: Where not otherwise prohibited, direct access to a suitable camping site (off roads or trails) or travel for the purpose of gathering firewood within 300 feet of an open road is authorized. Such travel must not damage the land or streams. The use of All Terrain Vehicles (ATV’s) is permitted off Forest Development roads or trails during Big Game hunting seasons in the afternoons, only to retrieve legally harvested game, in open designated areas or on designated trails in closed areas. No weapons are allowed on ATV’s traveling on closed roads or off Forest Development roads or trails while retrieving legally harvested game. These open areas are depicted in light gray color on the Rio Grande Travel Map. Travel Order Rg-02-05 Designated Backcountry Areas are closed to motorized game retrieval and motorized travel is restricted to Designated Trails Open To Motorized Use. These areas are depicted in dark gray on the Rio Grande Travel Map. Where developed parking and camping sites are not available, direct access to suitable sites within 300 feet of an open road is authorized. Such travel is not allowed if otherwise prohibited or if it would damage the land or streams. Please select your route carefully, and do not cut live trees. During the big-game hunting season, off-highway vehicular travel by ATV is permitted in the afternoon for the retrieval of harvested game, provided that damage to the land does not occur. Offhighway travel by standard highway vehicles is not allowed. Firearms are not needed to retrieve harvested game so please leave them in camp. Forest Map wording Forest Map wording 35 DECISION FRAMEWORK RIO GRANDE NF Whether to administratively change the Forest Plan N Forest Plan standard is okay. Whether to revise or update the Travel Management Plan Y Whether to withdraw or modify forest orders associated with Big Game retrieval. Y Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Y Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). The Forest may want to change the Forest Plan standard from “forest map” to “Motor Vehicle Use Map”. This would be an administrative change. Does anyone know what the “1990 travel management plan EIS and ROD” is or where it is? Check to see if it can be revised. Forest orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. NEPA not needed NEPA needed Withdraw Order #Rg-02-05. Forest map – modify to be consistent with the Rule. Wording needs to be changed so that off-route motor vehicle travel is limited to dispersed camping and big game retrieval within a specified distance off designated roads. N Motor vehicle travel within 300 feet of a designated road for dispersed camping and fuelwood collection (a permitted activity) was included in the special order #Rg-02-05. The elements of the order can be brought forward on the MVUM without additional NEPA analysis. Y Order Rg-02-05 does not specify a motor vehicle NEPA needed travel distance to retrieve big game. The Forest needs to incorporate a specified distance for motor vehicle travel for big game retrieval if they want to continue this practice. . 36 ROUTT NF Prohibit motorized use with wheeled vehicles on lands outside designated travelways unless a forest order indicates that such use is specifically allowed. In areas closed to the use of motor vehicles off Forest roads where developed parking sites are not provided and where not otherwise prohibited, direct access to a suitable parking site within 300 feet of the road is authorized. Such travel must not damage the land or streams. Please select your route carefully, and do not cut live timber. When developed parking and camping areas are not available, direct access to suitable sites within 300 feet of an open road is authorized, provided resource damage does not occur. Forest Plan Standard Forest Order 2003-37 Forest Map wording 37 DECISION FRAMEWORK ROUTT NF Whether to administratively change the Forest Plan N Forest Plan standard is okay. Whether to revise or update the Travel Management Plan ? What do the existing plan(s) say? Did the existing plan designate routes or authorize off-route travel? Whether to withdraw or modify forest orders associated with parking sites. Y Forest orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. Withdraw order #2003-37. The order allows motorized vehicles to travel off designated roads/trails 300 feet for ALL uses. Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Y Forest map – modify to be consistent with the Rule. Wording needs to be changed so that off-route motor vehicle travel is limited to dispersed camping. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Y Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). N It is assumed the Forest does not want this allowance. A NEPA analysis/decision is needed to restrict motor vehicle use within the corridor to only dispersed camping. NEPA needed 38 SAN JUAN NF Classify areas as to whether off-road vehicle use is permitted. a. Specify off-road vehicle restrictions based on ORV use management b. Prohibit ORV use (except snowmobiles) on areas with slopes over 40 percent and on areas with a high erosion hazard rating except for designated routes. Parking along a specified road and camping along roads or trails within specified Section is prohibited pursuant to Title 16 USC, Section 551 and 36 CFR Sections 261.50(a) and 261.50(b). Forest Plan standards and guidelines – in Forest Direction. Some mgmt areas seem to have some further direction? Summary of Forest Orders 96-6 and SJ98-03 Camping and campfire activities outside of designated campgrounds within a specific drainage and road corridor is prohibited pursuant to 16 USC, Section 551 and 36 CFR Sections 261.50(a) and 261.50(b). Summary of Forest Order SJ-98-12 Prohibition for possessing or using a vehicle off of a forest development road in an area defined as an “E” special closure area on the SJNF map pursuant to 16 USC, Section 551 and 36 CFR Sections 261.50(a), 261.50(b) and 36 CFR 261.56. Summary of Forest Order SJ-98-09 Forest order that prohibits camping within a specific distance from a developed National Forest Campgrounds. Numerous Forest Orders that prohibit use of motor vehicles beyond road closure devices or signs Summary of Forest Order Various Forest Orders Where developed parking sites are not provided within areas closed to off-road motor vehicle use, direct access to a suitable parking site within 300 feet of an open road is authorized. Parking is not allowed if otherwise prohibited or if travel would damage the land or streams. Please select your route carefully, and do not cut live trees. David Baker qualified information about open areas labeled C, D or F on Forest Visitor map. He indicated the Forest has around 580,000 acres open to cross-country use (July 28, 2006). Forest Map wording In “A” and “B” areas, summer motorized travel is restricted to designated routes. In “C” and “D” areas, cross-country motorized travel is allowed for some classes of vehicles (ATVs and motorcycles) but seasonal restrictions apply in “C” areas. In “F” areas, cross-country travel is allowed year-round. Motorized travel in “E” is restricted to designated routes. 39 DECISION FRAMEWORK SAN JUAN NF Whether to administratively change the Forest Plan N The Forest Plan standard is okay. The Forest may want to change the wording from off-road vehicle use to off-highway vehicle use. Suggested change to Forest Plan Std: Classify areas as to whether off-highway vehicle use is permitted off designated roads, trails and areas. Forest needs to address the 580,000 acres currently open to cross-country motor vehicle travel in areas identified as “C”, “D” or “F” on the Visitor Map. The Forest Plan standard is not in conflict with the Rule but a NEPA analysis/decision is needed for these areas for compliance with the Rule. Whether to amend the Forest Plan and/or a NEPA analysis (to address cross-country motor vehicle use) Y Whether to withdraw or modify forest orders. N Forest orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Y Y NEPA not needed NEPA needed It appears that all of the special orders are consistent with the Rule. Some of these would become moot when the MVUM is published. Forest map – modify to be consistent with the Rule. Wording needs to be changed so that off-route motor vehicle travel is limited to dispersed camping or authorized permitted uses within a specified distance of designated roads. Motor vehicle travel within 300 feet of a designated road for parking (did not specify dispersed camping) was only included on the Forest Visitor Map. NEPA needed A NEPA analysis/decision is needed to restrict motor vehicle use within the corridor to only dispersed camping. N It is assumed the Forest does not want this allowance. 40 SHOSHONE NF Classify areas as to whether off-road vehicle use is permitted. a. Specify off-road vehicle restrictions based on ORV use management Forest Plan standards and guidelines – in Forest Direction. Some mgmt areas seem to have some further direction(?) There is a Forest Order that restricts motorized use to designated trails, while allowing access up to 300 feet of a road for dispersed camping unless posted otherwise. Forest Order Bryan Armel clarified information. The order allows for parking or dispersed camping. (08/07/2006) The map shows Restricted Area – No off-road or trail use by any motorized vehicles. The map says, Snowmobiles are the only motorized vehicles allowed to be operated with adequate snow off existing roads and trails on the forest. Some areas (see legend) are restricted to snowmobile off-trail and road use. Forest Map wording 41 DECISION FRAMEWORK SHOSHONE NF Whether to administratively change the Forest Plan N The Forest Plan standard wording is okay. The Forest may want to change the wording from offroad vehicle use to off-highway vehicle use. NEPA not needed Suggested change to Forest Plan Std: Classify areas as to whether off-highway vehicle use is permitted off designated roads, trails and areas. Whether to withdraw or modify forest orders. Y Forest orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. The existing order includes motor vehicle travel off designated roads for parking or dispersed camping. The order would need to be withdrawn. Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Y Y Forest map – modify to be consistent with the Rule. Wording needs to be changed so that off-route motor vehicle travel is limited to dispersed camping or authorized permitted uses within 300 feet of designated roads. Motor vehicle travel within 300 feet of a designated road for parking or dispersed camping was included in the special order. NEPA needed Prepare a NEPA analysis/decision to restrict motor vehicle use within the corridor to only dispersed camping. . N The Forest Visitor map states “Off-route travel by wheeled vehicles is not allowed for hunting and game retrieval purposes at any time of the day.” This is consistent with the Rule. It is assumed the Forest does not want this allowance. 42 THUNDER BASIN NG Prohibit all motorized cross-country travel off existing roads and trails, except as authorized emergency services (i.e. law enforcement, medical, search and rescue) and administrative use (i.e. fire control, grazing administration, noxious weed control, and wildlife surveys). Forest Plan Standard The following acts are prohibited: 1. Possessing or using a motorized wheeled vehicle off forest development roads. The following is exempt from this order: Thunder Basin Order 2003-153 3. Any person operating a wheeled motor vehicle up to 300 feet off of an existing Forest Development Road for the purpose of accessing of camping, picnicking, parking, gathering fuel wood, or retrieving downed big game provided the most direct route is taken to and from the area and no resource damage occurs. Most areas on the Thunder Basin are open to motorized travel. Thunder Basin 2003 Visitor Map 43 DECISION FRAMEWORK THUNDER BASIN NG Whether to amend the Forest Plan N It appears the Forest Plan wording is okay if “existing roads” mean Forest Service System Roads. If the assumption is correct, the Forest may elect to administratively change the Forest Plan standard to read: “Prohibit all motorized cross country travel off designated roads…” NEPA needed (?) If “existing roads” mean system roads as well as unauthorized roads, the standard would need more then an administrative change. Whether to withdraw or modify forest orders. Y Forest orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Y Withdraw order #2003-153. The order allows motorized vehicles to travel off designated roads/trails 300 feet for ALL uses. Forest map – modify to be consistent with the Rule. Map implies that the Thunder Basin is open everywhere. To be consistent with the Rule, the map needs to be changed so that off-route motor vehicle travel is limited to dispersed camping, big game retrieval and authorized/permitted uses. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Y NEPA needed Motor vehicle travel within 300 feet of a designated road for all uses including dispersed camping was included in the order #2003-153. Y A NEPA analysis/decision is necessary to restrict motorized travel in the 300 foot corridor to only dispersed camping (and big game retrieval). Travel Order #2003-153 and the Forest Visitor Map allowed for motor vehicle travel for all uses including big game retrieval within 300 feet of a designated road. NEPA needed A NEPA analysis/decision is necessary to restrict motorized travel in the 300 foot corridor to only big game retrieval (and dispersed camping). 44 WHITE RIVER NF Permit motor vehicle travel up to 300 feet from designated travelways for direct access to campsites, parking, firewood cutting, or gathering forest products provided that: • Minimal resource damage occurs; • Such access is not otherwise prohibited. Forest Plan Standard Driving on or off roads and trails in a manner which damages or unreasonably disturbs land, wildlife, or vegetative resources is prohibited (36 CFR 261.12, 261.13 (43 CFR 8560.1) In areas closed to the use of vehicles off of roads, where developed parking sites are not provided and where not otherwise prohibited, direct access to a suitable parking site within 300 feet of the roadway is authorized. Please select your route carefully as such travel must not damage the land, wildlife or vegetation resources. Travel map and Travel Order - 1985 Pursuant to 36 CFR, Section 261.50 (a), the following acts are prohibited on the area described in this order within the White River National Forest until further notice. 1) On lands that are snow-free possessing or using a motorized or mechanized vehicle off any classified road or trail. 36 CFR 261.56 Travel order - 2002 Note: It wasn’t clear to the team if this order covered a specific area or if it was Forest-wide. 45 DECISION FRAMEWORK WHITE RIVER NF Whether to amend the Forest Plan Whether to withdraw or modify forest orders associated with parking sites etc. Y Forest Plan standard needs to be changed to limit motor vehicle travel off designated roads/trails for dispersed camping and authorized/permitted uses. Y Forest orders that duplicate or conflict with the § 261.13 prohibition should be withdrawn or modified when the MVUM is published. Whether to withdraw the forest order issued in 2002. Y Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Y NEPA needed Withdraw order issued in 1985. Order allows motorized vehicles to travel off designated roads/trails for dispersed camping AND parking. Appears to be consistent with the Rule. Order becomes moot when MVUM is published. Forest map – modify to be consistent with the Rule. Wording needs to be changed so that off-route motor vehicle travel is limited to dispersed camping in designated areas. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). Y Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR 212.51 (b)). N Amend the Forest Plan to restrict uses within the corridor to only dispersed camping. NEPA needed It is assumed the Forest does not want this allowance. 46 ENCLOSURE Travel/Access Closure and Restriction Orders Direction for issuing Orders under the authority provided in Title 36, CFR sections 261.50(a) and (b) is described further in Forest Service Handbook 5309.11, Chapter 30, Section 32. In addition, the memo dated May 4, 2005 provides further guidance on documenting, preparing, reviewing and implementing Orders. A decision to change authorization of or prohibitions on motor vehicle use on a route or in an area is subject to the National Environmental Policy Act (NEPA). 47 United States Department of Agriculture File Code: Route To: Subject: To: Forest Service Rocky Mountain Region 1010 (2300), (5100), (7700) P.O. Box 25127 Lakewood, CO 80225-0127 Delivery: 740 Simms Street Golden, CO 80401 Voice: 303-275-5350 TDD: 303-275-5367 Date: May 4, 2005 Regional and Forest Orders Under 36 CFR, Part 261, Subpart B Forest Supervisors and RO Staff Directors Pursuant to the May 30, 2000 letter (Regional and Forest Orders Under 36 CFR, 261, Subpart B, 1010) signed by Deputy Chief for National Forest System, James R. Furnish, and Director of Law Enforcement and Investigations (LEI), William F. Wasley, the Rocky Mountain Region has adopted the following procedures for documenting, preparing, reviewing, and implementing Forest Supervisor Orders. Forest Supervisors and Acting Forest Supervisors who have been designated Order signing authority in writing may determine, on a case by case basis, when and where an existing Subpart B regulatory prohibition might apply; define and document appropriate exceptions; determine and document specific needs and purposes; and then issue an appropriate and defensible Order. The following documentation is necessary to support such Subpart B Orders. 1. THE CASE FILE a. A case file (administrative record) must be maintained for each proposed or issued Order. Direction for issuing Orders is contained in Forest Service Handbook (FSH) 5309.11, Chapter 30, Section 32. This case file must include an Assessment of Need and an Enforcement Plan (examples enclosed), along with appropriate National Environmental Policy Act (NEPA, 42 USC, § 4321) and Civil Rights Impact Analysis (CRIA) documentation. b. The case file Assessment of Need and the Enforcement Plan should fully document and describe: (1) The purpose of the Order (e.g., Protection of threatened, endangered, rare, unique, or vanishing species of plants, animals, birds, or fish; special biological communities; objects or areas of historical, archaeological, geological, or paleontological interest; scientific experiment or investigation; public health or safety; and property) and any exemptions; (2) The scope of the Order (e.g., why it applies to a particular place, use, user group, and its duration); (3) How interested or potentially affected persons were, and will be, informed of the proposed Order; and (4) How the Order will be implemented and enforced. c. The checklist within the Assessment of Need and the Enforcement Plan shall be used as an aid to document that established procedures were followed. 48 Forest Supervisors and RO Staff Directors Page 2 d. Forest Service procedures for implementing NEPA are contained in FSH 1909.15. Chapter 30 provides direction on when categorical exclusions (CE’s) may be used from documentation in an Environmental Impact Statement (EIS) or Environmental Assessment (EA) for routine actions that normally do not have a significant effect on the quality of the human environment. As courts have tended to look with disfavor on open ended Orders, we recommend that Orders have a “date certain” termination date (e.g., “This Order shall be in effect until rescinded or until December 31, 2010, whichever occurs first”). In addition, absent special circumstances, it is recommended that Orders based on a CE have a duration no longer than two years, Orders based on an EA have a duration no longer than 5 years, and Orders based on an EIS a duration no longer than 10 years. e. Although a Decision Memo is not specifically required under above Section 31.1b for CE’s, it will usually be prudent in criminal prosecutions to have the authorized line officer provide a signed and dated Decision Memo for inclusion in the case file, indicating how the shortterm Order met the requirements for a CE. If an Acting Forest Supervisor must sign the Order, include a copy of the Acting’s written Order signing designation in the case file. f. A CRIA must be completed when required, pursuant to Forest Service Manual (FSM) 1730 and FSH 1709.11, and included in the case file. In many cases, it may be sufficient for the authorized line officer to sign a simple, short Civil Rights Impact Statement (CRIS). The Civil Rights staff in the Forest Supervisors’ Offices and Regional Office is available to assist in the completion of any necessary civil rights documentation. g. All Forest Supervisors shall designate a Forest records custodian who shall be responsible for compiling and maintaining a complete case file for each Order and providing certified authentic copes of Orders and relevant case file documents for court or litigation purposes. h. The Forest records custodian is also responsible for maintaining the integrity of the case file and must ensure the records, both current and historical (e.g., terminated orders), are kept in a secure file in compliance with FSH 6209.11. Section 41. i. Copies of any Regional Orders shall also be kept at the Forest level for reference and public information. 2. DRAFT ORDER PREPARATION AND REVIEW a. The appropriate resource staff (i.e., recreation, fire, special uses) at the Forest level shall prepare a draft Order and complete all other documentation required (as set forth above) for inclusion in the specific case file. As necessary, the preparer shall seek timely and appropriate interdisciplinary Forest or Regional level review from other potentially affected functional staff(s). Sample Orders are enclosed for reference. 49 Forest Supervisors and RO Staff Directors Page 3 b. The proposed Order case file prepared by the resource staff shall be submitted to the Patrol Captain serving your Forest. The Patrol Captain shall review the draft Order to ensure that: (1) The proper format is used; (2) The correct 36 CFR, Part 261, Subpart B regulation is applied and properly cited (see, 36 CFR, §§ 261.50(a) - (e)); (3) The text of the Order describing the prohibited acts, exemptions, and applicable locations are sufficient, understandable, and enforceable; (4) The Order meets local prosecutorial guidelines; and (5) The Order complies with the Assessment of Need and the Enforcement Plan. After this review, but prior to execution by the Forest Supervisor, the Patrol Captain will forward the proposed Order, and a copy of the case file, to the Special Agent in Charge (SAC). c. After review by the Patrol Captain and upon receipt of the proposed Order and case file, the SAC will facilitate any necessary legal review by the USDA-Office of General Counsel (OGC), coordinate any necessary edits or corrections with the proposing unit, and track and timely return the draft Order to the originating Forest. d. Once the review process is completed and the draft Order is returned to the proposing Forest, it shall be executed and dated by the Forest Supervisor for implementation and posting as required by 36 CFR, § 261.51. e. The original approved Order shall be kept in the case file for maintenance and protection by the unit records custodian. f. In the event of emergency conditions that may threaten public or employee safety, natural resources, or government property, an Order may be approved by the Forest Supervisor without prior completion of the above review requirements. However, any otherwise required review, and required supporting documentation for the relevant case file, must be completed as soon as practical. 3. RENEWAL AND TERMINATION OF EXISTING ORDERS a. The Forest Supervisor shall cause each issued Order to be reviewed annually to determine if there is a continuing need for the prohibition(s) and/or exemptions listed in the Order, and to ensure that the Order is not in conflict with other issued Orders and/or current regulations under 36 CFR, 261, Subpart A. b. If an Order is to be rescinded, the resource staff officer shall prepare a Termination of Order (FSH 5309.11, Chapter 30, Section 33). This document shall declare the prohibition is removed on a specific date and shall be executed and dated by the Forest Supervisor. The Termination of Order shall be attached to the original Order and included in the case file. The complete case file shall be maintained for at least five years after the date the original Order is rescinded. c. If an Order has expired under its own terms, the Forest Supervisor shall be responsible for: (1) Determining if there is a need for continuance of the Order; (2) Proposing 50 Forest Supervisors and RO Staff Directors Page 4 necessary revisions; (3) Submitting the revised Order to Law Enforcement for review; and (4) Ensuring a complete and properly executed revised Order is included in the case file. 4. SUBPART C – PROHIBITIONS IN REGIONS a. To date, the Rocky Mountain Region has not promulgated permanent regulations under 36 C.F.R. 261 73, as provided for by 36 CFR, 261.70- Issuance of Regulations. Law Enforcement questions should be directed to Special Agent in Charge William C. Fox at (303) 275-5253, or the Patrol Captain serving your Forest. Questions pertaining to legal issues should be directed to OGC Attorney Kenneth Pitt at (303) 275-5539. /s/ Dave Edwards (for) RICK D. CABLES Regional Forester /s/ Steven C. Silverman STEVEN C. SILVERMAN Regional Attorney /s/ William C. Fox WILLIAM C. FOX Special Agent in Charge 51 ASSESSMENT OF NEED AND ENFORCEMENT PLAN 1. Purpose of Order. Describes the problem, why the order is proposed, and what should be accomplished by implementation of the order (the appropriate staff prepares the order and ensures all required supporting information is documented by completing this plan). 2. Scope of Order. Defines the affected area, road, or trail; the regulated use or user group; exempted persons; and the duration of the order (the appropriate staff prepares a map for attachment to the Order and inclusion in this plan). 3. Notice. How will interested or potentially affected persons be notified of the proposed Order? 4. Enforcement Plan. Describes action to be taken to inform the affected public and effectively implement the provisions of the order in a manner that results in public acceptance and safety (e.g., planned patrol dates and locations, staffing needs, enforcement strategies, posting and public notification, media contacts, and coordination with local public agencies). 52 ORDER CHECKLIST 1 Action Responsible Official(s) Initials/ Date Prepare proposed Order Appropriate staff(s) w/ LEI input __________ NEPA requirements completed CE ___ EA ___ EIS ___ (check) Appropriate staff __________ Duration of Order (consistent with circumstances) Appropriate staff __________ Civil Rights requirements completed Appropriate staff CRIA met through NEPA ___ (check) __________ Review proposed Order Forward to OGC ___ (check) Patrol Captain/SAC __________ Approve proposed Order Post Order (36 CFR, 261.51) Forest Sup. or Reg. Forester Dist. Ran./Forest Sup. __________ __________ Prepare Enforcement Plan Appropriate staff w/ LEI/PAO input __________ Approve Enforcement Plan for implementation: /s/_____________________________________ FOREST SUPERVISOR __________ DATE cc: LEI R2 All Employees 1 Checklist to use when developing Orders. 53