Travel Management Rule Implementation Strategy NEPA and Planning

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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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™ 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.
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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.
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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
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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.
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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
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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
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