United States
Department of
Agriculture
Forest
Service
Southern Regional Office
1720 Peachtree Road, NW
Atlanta, GA 30309
File Code:
1570-1
10-08-09-0060
Date: April 8, 2010
CERTIFIED MAIL R.R.R.
Mr. Michael A. Brannon
P.O. Box 1421
Danville, AR 72833
Re: Appeal 10-08-09-0060 of Forest Supervisor Norman L. Wagoner’s January
4, 2010, Decision for Alternative E of Travel Management Plan Amendment 3
in the Revised Land and Resource Management Plan for the Ouachita National
Forest in Arkansas
Dear Mr. Brannon:
According to the authority granted to me by 36 CFR 215, this letter contains my consolidated
appeal decision on your appeal of the subject decision.
BACKGROUND
On January 4, 2010, Forest Supervisor Wagoner signed the Decision for this project with the
Notice of Decision being published in the Arkansas Democrat Gazette on February 20, 2010.
It has been verified that you provided comments during the 30-day Notice and Comment period
of February 21, 2008, through March 21, 2008, required for standing to appeal in the proposed
action. Therefore, you met the regulatory requirements at 36 CFR 215.13 for eligibility to file
an appeal which was accepted on March 1, 2010.
The Forest Supervisor notified us that an offer was made to meet and discuss the issue in your
appeal in an effort to resolve it informally. As no resolution was reached we continued with
our review of your appeal.
RECOMMENDATION OF APPEAL REVIEWING OFFICER (ARO)
I received the recommendation of the ARO that the Forest Supervisor’s Decision be affirmed.
The ARO’s recommendation is based on the appeal issue and a review of the project record.
A copy of the ARO recommendation is enclosed.
RELIEF REQUESTED
The appeal requests that the decision be withdrawn.
Caring for the Land and Serving People
Printed on Recycled Paper
Appeal 10-08-09-0060
Page 2
CONCLUSION
My review of your appeal was conducted pursuant to, and in accordance with, 36 CFR 215.18 to
ensure the analysis and decision are in compliance with applicable laws, regulations, policy and
orders. I have reviewed the appeal record and the recommendation of the ARO, which includes
a discussion of the issue that was raised in your appeal. Based on this review, I concur with the
ARO’s recommendation and am affirming Forest Supervisor Wagoner’s January 4, 2010,
Decision.
This constitutes the final administrative determination of the Department of Agriculture.
Sincerely,
/s/ Jerome Thomas
JEROME THOMAS
Appeal Deciding Officer
Deputy Regional Forester
Enclosure (ARO Recommendation)
Appeal 10-08-09-0060
United States
Department of
Agriculture
File Code:
Route To:
Subject:
To:
Forest
Service
Page 3
Southern Region
Cherokee NF
1570-1
2800 North Ocoee Street
Cleveland, TN 37312
Date:
April 5, 2010
ARO Recommendation Brannon Appeal 10-08-09-0060 for the
Ouachita Travel Management Project Under 36 CFR 215
Appeal Deciding Officer
This letter constitutes my recommendation for the subject appeal filed by Michael Brannon for
the Ouachita Travel Management Project. My review was conducted pursuant to 36 Code of
Federal Regulations (CFR) 215. To ensure the analysis and decision are in compliance with
applicable laws, regulations, policies and orders, I have reviewed and considered the point raised
by the appellant and the decision documentation submitted by the Forest Supervisor. My
recommendation is based upon review of the Appeal and Project File, including but not limited
to the Decision Notice and Finding of No Significant Impact (DN-FONSI), Environmental
Assessment (EA) and Biological Evaluation/Biological Assessment (BE/BA).
ISSUES
The Issue raised in this appeal that are within the scope of the review and meet the requirements
of 36 CFR 215.14 is:
Issue 1
Whether the decision to close trial F21C is arbitrary and capricious [Appeal, p. 1].
DISCUSSION OF ISSUES
Issue 1
Whether the decision to close trial F21C is arbitrary and capricious.
The appellant contends (Appeal, p. 1) there are no public safety, water quality or other
environmental concerns apparent with this trail. Therefore, continuing riding privileges re
requested.
The purpose and need for the Travel Management Project was in part to implement the Revised
Land and Resource Management Plan for the Ouachita National Forest. The desired condition
for the transportation system stated in the plan reads: “The transportation system of roads and
trails is safe, affordable, and environmentally sound, responds to public needs, and is efficient to
manage…The system is well maintained commensurate with levels of use and available funding.
Appeal 10-08-09-0060
Page 4
The system is connected to state, county, or local public roads and trails. Unnecessary roads and
trails are removed and the landscape restored….” (DN, p. 2)
The Revised Forest Plan also calls for the Forest to “Develop and operate a system of OHV
routes that satisfies some public demands for motorized recreation and protects environmental
quality; maintain routes to agency guidelines, when the latter are published.” (Revised Forest
Plan, p. 67) (Emphasis added). As such, the Forest recognized that it would not be able to meet
all the demand for motorized recreation with the available resources and funding.
The project record contains printouts from the model used to evaluate every road and trail
considered for the Travel Management Plan. Every road and trail submitted by the public for
consideration was evaluated according to a variety of criteria that included the presence of highly
erodible soils, public safety, resource impacts, and other factors. The several alternatives
evaluated in the EA considered various combinations of road and trail designations. The
“Response to Comments” document in the project record indicates F21C was considered based
on public input. However F21C is closed to motorized use in all alternatives, as are many other
roads and motorized trails.
Finding
I find that the decision regarding F21C is not arbitrary and capricious.
RECOMMENDATION
After reviewing the project record and the issue raised by the appellant, I recommend that Forest
Supervisor Norman L. Wagoner’s January 4, 2010, Decision for the Ouachita Travel
Management Project, be affirmed.
/s/ H. Thomas Speaks, Jr.
H. THOMAS SPEAKS, JR
Appeal Reviewing Officer
Forest Supervisor