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Reference Documents

Because of the size of this document, it has been broken down into five sections.  For hard copies of the Environmental Assessment please call Mary O'Brien at 202-205-1318.

Interim Rule Environmental Assessment

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EXECUTIVE SUMMARY AND FINDING OF NO SIGNIFICANT IMPACT

For the Interim Rule Suspending Road Construction in Unroaded Areas of National Forest System Land
Environmental Assessment
USDA Forest Service

The United States Department of Agriculture Forest Service has prepared an environmental assessment (EA) that presents a proposed action and 5 alternatives involving 36 CFR Part 212, Administration of the Forest Development Transportation System. The attached EA discusses the 6 alternative strategies associated with the proposed suspension of permanent and temporary road construction and reconstruction over an 18-month period. The objective of this action is to maintain the environmental status quo, rather than allowing irreversible or irretrievable commitments of natural resources during the interim period while the Forest Service develops analytical tools and a revised road management policy. The final interim rule will provide time to focus attention on the larger issues of public use, demand, expectations, and funding surrounding the National Forest Transportation System. This action is not a decision to adjust land management plans or authorize specific projects. Instead, the Forest Service will preserve its options for up to 18 months. The proposed temporary suspension will be effective 15 days from the date of publication of the final interim rule and will remain in effect until adoption of a revised road management policy or 18 months, whichever occurs first.

As developed and described in the Alternatives section, alternative 6, is the preferred alternative. The preferred alternative would suspend permanent and temporary road construction and reconstruction in all: 1) remaining unroaded portions of Roadless Area Review and Evaluation (RARE II) inventoried roadless areas within the National Forest System (NFS) and all remaining unroaded portions as identified in land and resource management plans (forest plans) that lie one-quarter mile or more beyond any classified road; 2) NFS unroaded areas greater than 1,000 acres that are contiguous to remaining unroaded portions of RARE II inventoried roadless areas or contiguous to areas identified in forest plans; 3) NFS unroaded areas greater than 1,000 acres that are contiguous to congressionally-designated Wilderness Areas or to Federally-administered components of the National Wild and Scenic River System (16 U.S.C. 1274), which are classified as Wild; 4) NFS unroaded areas greater than 1,000 acres that are contiguous to unroaded areas of 5,000 acres or more on other Federal lands; and 5) roadless areas listed in Table 5.1 of the Southern Appalachian Area Assessment, Social/Cultural/Economic Technical Report, 4 of 5, July 1996.

The preferred alternative provides for certain exemptions. The exemptions specifically include: 1) NFS unroaded areas encompassed by a forest plan with a Record of Decision issued since January 1, 1996, with an administrative appeal either completed or begun before or after the effective date of the final interim rule; 2) NFS unroaded areas encompassed by a forest plan amendment or revision adopted before or during the period in which the final interim rule is effective, where such amendment or revision has been developed through coordination using science based eco-regional assessment; and 3) road construction and reconstruction pursuant to reserved or outstanding rights, needed for public safety, to ensure access provided by statute, or to address impending threats of flood, fire, or other catastrophic event that, without intervention, would cause loss of life or property.

The preferred alternative does not suspend or modify any: 1) existing permit, contract, or other instrument authorizing occupancy or use of NFS land; 2) existing NFS land allocation decisions; 3) or otherwise affect other management activities or uses within unroaded areas of NFS land or permanent; or 4) temporary road construction or reconstruction associated with the multi-Federal agency Greater Yellowstone Pipeline project.

The 6 alternatives are discussed in terms of miles of permanent and temporary road construction and reconstruction that would be suspended during the 18-month period. Estimates used in this EA are representative of an 18-month period. They are to be used for purposes of this analysis only and cannot be used, with precision or certainty, regarding effects on any specific national forest. The differences in alternatives are based on varying suspension and exemption combinations. There are an estimated 8,948 miles of permanent and temporary road construction and reconstruction on all NFS lands during the 18-month period. An estimated 534 miles of permanent and temporary road construction and reconstruction are located in unroaded areas of NFS lands.

While the environmental impact of the proposed temporary suspension on resources would be negligible under all alternatives, the impacts to wildlife, fisheries, threatened, endangered, and sensitive (TES) species and their habitats, solitude, and watershed and air resources that occur as a result of road building would be reduced in the suspension areas during the 18-month period under the preferred alternative.

The primary tangible effects from the suspension of temporary and permanent road construction and reconstruction includes the volume of timber to be harvested and the resulting estimated jobs, revenues and payments-to-states. The effects could be felt in the harvest market as early as 1998 and continue into 2004, depending on the offering of the suspended sales. The EA and Appendix D best explains this effect of the preferred alternative.

Some effects, primarily those associated with timber harvest, will occur as an indirect result of suspending road construction and reconstruction. The result of the suspension, in terms of volume offered, ranges from a low of 124 million board feet (MMBF) in alternative 2 where 78% of the volume affected under this alternative occurs in Regions 1, 4 and 8 to a high in alternative 4 of 564 MMBF where 57% of the volume affected under this alternative occurs in Regions 2, 8 and 10 (see section on Forest Management). The preferred alternative has a range of 170 to 260 MMBF suspended from offering for 18 months. The loss of volume offered for sale under the various alternatives is contrasted to 5.44 billion board feet offered from NFS lands nationwide during an 18-month period.

Modifications, such as dropping the portion of a sale, changing harvest method, or substituting volume, may be made to individual timber sales after the final interim rule is issued, which would reduce the effects on timber output (see section on Forest Management). There would be ample opportunity to substitute timber from other ownerships to replace most of the reduction in national forest timber sales in the eastern United States. In the West, substitution opportunity is limited. Substitution factors for timber from non-NFS lands ranged from 0% in the western United States to 90% in the eastern United States (see Appendix D). Any volume that is not substituted from other United States ownerships will probably be met by Canadian imports. The magnitude of the environmental impact of the substitution on either private United States forests or Canadian forests will be relatively small due to the modest volume of timber involved. There will be some loss of timber related jobs from the western United States as timber harvest increases on non-NFS lands (see section on Forest Management). Analysis indicates that the national annual direct effect of lost revenues from payments-to-states to local communities is a low of $4 million in alternative 2 to a high of $16 million in alternative 4.

Approximately 68% of the low effect would occur in Regions 1 and 8 and approximately 60% of the high effect would occur in Regions 1, 2, and 8. The range of lost revenues for the preferred alternative is $6 to $8 million. These estimates are uncertain and depend on possible changes in planning priorities, budgets, and the timing of implementing projects on-the-ground (see section on Economic Impacts). This lost revenue is substantially less than $100 million and will not significantly compromise productivity, competition, employment, the environment, public health or safety, or State and local governments. The suspension alternatives are estimated to reduce annual employment nationwide by 210 to 790 jobs per year in the short-term (see section on Economic Impacts). For the preferred alternative, the reduced annual employment nationwide ranges from a low of 270 jobs per year to a high of 420 jobs per year. Regions 1 and 4 would have a larger proportion of the impacts because a relatively large share of the estimated sales would be within areas affected by the proposed temporary suspension. Provisions of the 1998 Supplemental Appropriations Rescission Act (PL 105-174) will, to some extent, compensate for shortfalls in payments-to-states from revenues generated on NFS lands.

The anticipated temporary effects on local employment supported by national forest timber harvest and other commodity resource production are expected to be minor. The EA does anticipate some employment offsets within the same employment sectors in some areas of the country (see section on Economic Impacts). For instance, where timber harvest reductions occur in the southern States, the Forest Service expects that many of these reductions can be offset by temporary increases in production from non-Federal lands. However, in other areas of the country, such as the Pacific Northwest, there is little opportunity for such offsets.

The Forest Service anticipates no long-term effects on the production of forest resources as a result of implementing the preferred alternative. Some short-term effects (e.g., see section on access and public safety, social effects, fire, insects, disease, land uses, minerals, and recreation) are identified and examined in the EA and found to be minimal.

The preferred alternative does not appreciably alter the overall rate of spread of noxious weeds and does not affect R.S. 2477 roads, cost-shared easements, law enforcement, mineral exploration and development, and authorized commercial recreation uses.

Reasons for Finding of No Significant Impact.

In consideration of the analysis documented in the EA and the reasons below the preferred alternative would not constitute a major Federal action that would significantly affect the human environment. Therefore, an EIS will not be prepared. The determination is based on the following:

1. The preferred alternative would be limited in geographic context (40 CFR 1508.27(a)). The preferred alternative, 6, is limited to a suspension of permanent and temporary road construction and reconstruction on approximately 262 unroaded miles out of a total program of 8,948 miles. This represents a national reduction of only 3% of the permanent and temporary road construction and reconstruction within the NFS during the 18-month period. The interim rule would affect only those roads proposed on certain suspended categories of unroaded areas and would not apply in exempt areas (see Tables 1, 2, and section on Alternatives).

2. The preferred alternative has thoroughly evaluated both the beneficial and adverse effects (1508.27 (b)(1)) and found them to be without significant impact. The cumulative economic effects of the preferred alternative are expected to be minor (see Cost Benefit Analysis, Appendix H) and are primarily related to a decrease in timber harvesting. Recent trends of declining timber volumes from NFS lands have been recognized in the EA (see section on Forest Management). The national forests within the Columbia River Basin that have been affected by the Implementation of Interim Strategies for Managing Anadromous Fish-producing Watersheds in Eastern Oregon and Washington, Idaho and Portions of California (PACFISH) and the Interim Protection for Late-Successional Forests, Fisheries, and Watersheds for National Forests East of the Cascade Crest in Oregon and Washington (INFISH) are also affected under the preferred alternative by reduced timber harvesting from unroaded areas (see section on Economic Impacts, Cumulative Impacts, and Table 1). The environmental effects on some resources, such as wildlife, fish, threatened, endangered, and sensitive species, noxious weeds, recreation, watershed and air, will be reduced under the preferred alternative. Perhaps the greatest benefit of the 18-month suspension is the development and subsequent application of the analysis tools. This analysis and adoption of a revised road management policy should result in a management strategy with a greater degree of certainty for reduced impact in the future. The suspension ensures that the unique qualities within the unroaded areas will not be altered by roading and associated activities before a management strategy with greater certainty for reduced risk of adverse environmental effects can be developed. However, these beneficial effects will not be significant due to the short time frame involved, the limited area affected, and the limited intensity of the beneficial effects. Additionally, before any irretrievable or irreversible impacts are committed to natural resources, subsequent National Environmental Policy Act (NEPA) analysis would be required.

3. The preferred alternative would not significantly affect public health or safety (40 CFR 1508.27(b)(2)). The preferred alternative does not authorize any ground-disturbing activities or direct changes to the environmental status quo. Instead, this alternative provides programmatic direction to be applied temporarily to site-specific permanent and temporary road construction and reconstruction in unroaded areas of the NFS. New project decisions will be preceded by site-specific environmental assessment (see section on Environmental Consequences). Thus, the preferred alternative does not have significant effects on human health and safety for the 18-month period beyond those already addressed in this document. In addition, specific provisions for protecting public safety or to ensure access provided by statute or provided pursuant to reserved or outstanding rights have been provided (see section on Environmental Consequences).

4. The preferred alternative would not significantly affect any unique characteristics of the geographic area (40 CFR 1508.27(b)(3)), does not adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places or cause loss or damage to objects listed in or eligible for listing in the National Register of Historic Places (40 CFR 1508.27(b)(8)). The preferred alternative specifically addresses varying suspensions within NFS unique areas such as: 1) unroaded portions of RARE II inventoried roadless areas; 2) remaining unroaded portions as identified in a forest plan; 3) congressionally-designated Wilderness Areas; 4) areas that are contiguous to Federally-administered components of the National Wild and Scenic River System (16 U.S.C. 1274), which are classified as Wild; 5) areas contiguous to unroaded areas of 5,000 acres or more on other federal lands; and 6) areas with other special and unique ecological characteristics or social values (see section on Alternatives). The preferred alternative does not alter the environmental protection, provided through site-specific analysis, afforded to sites of cultural and historic value that are protected under the Preservation of American Antiquities Act of 1906 and the Archaeological Resources Protection Act of 1979. The effects on cultural resources from suspension of permanent and temporary road construction and reconstruction are analyzed (see section on Cultural Resources). Because this action does not commit resources that would alter the unique characteristics of geographical areas, it is not significant.

Table 1. Low and high estimate by alternative of timber volume, timber-related jobs, timber-related receipts, and payments to states that would be affected by the proposed temporary suspension of road construction and reconstruction, including the construction of temporary roads, in most unroaded areas of the National Forest System.

Table 1

5. The preferred alternative does not involve effects to the quality of the human environment that are likely to be highly controversial (40 CFR 1508.27(b)(4)). Public involvement efforts associated with publication of the proposed interim rule ensured, nationally and locally, that interested citizens and groups received ample opportunity to provide comments on its implementation and effects. More than 53,000 letters, postcards, oral comments and e-mail messages on the proposed temporary suspension were received between January 28, 1998, and March 31, 1998 (see section on Scoping and Significant Issues).

Public comments expressing disagreement pertained primarily to the level of economic effects from reduced timber harvest. While there is not significant controversy over the level of economic effects analysis, there is considerable controversy over whether those effects are acceptable or not. Other environmental effects are without significant disagreement. A cost-benefit analysis was performed using accepted economic principals and analysis tools (see Appendix H). The result of the analysis is that the national economic effects from reduced timber harvesting are minor. The analysis and results are not highly controversial.

6. The preferred alternative would not impose highly uncertain or involve unique or unknown risks (40 CFR 1508.27(b)(5)). Alternative 6 would not impose any highly uncertain, unique, or unknown environmental risks. The best available information provided the foundation for assessing the environmental consequences (see section on Environmental Consequences). The action does not constitute any irreversible commitment of resources that are unique or unknown risks.

7. The preferred alternative would not establish a precedent for future actions with significant effects and does not represent a decision in principle about a future consideration (40 CFR 1508.27(b)(6)). The intended effect of the preferred alternative is to retain resource management options in unroaded areas of NFS land subject to suspension from road construction or reconstruction while a revised road management policy is adopted for evaluating the impact of locating and constructing roads and for determining whether and how to build roads. The preferred alternative will also allow time to focus on the issues of public use, demand, expectations, and funding surrounding the National Forest Transportation System. The preferred alternative provides for the suspension to remain in effect until any road construction or reconstruction in unroaded areas can be evaluated using the revised road management policy or 18-months, whichever occurs first. This action does not lead to any changes in forest plans or require any further inventory or analysis of wilderness or roadless area management. The Forest Service customarily issues Decision Notices and Finding of No Significant Impact (FONSI) simultaneously pursuant to its NEPA procedures. However, a separate Decision Notice is not customarily prepared for a final rulemaking. The Department frequently issues FONSIs simultaneous with final rulemaking as part of the necessary prerequisite to rulemaking. The notice and comment opportunities associated with rulemaking ensure that there was ample consideration of the environmental consequences of the final rule.

8. The preferred alternative is not related to other actions with individually insignificant but cumulative significant impacts (40 CFR 1508.27(b)(7)). The EA discloses the potential cumulative impacts of the temporary suspension (see section on Cumulative Effects). Based on the limited scope, time involved, and conclusions drawn in the cumulative effects section, the effects would not be significant. This EA does not address development or adoption of a revised road management policy for evaluating the impact of locating and constructing roads, revision of Forest Service regulations for managing roads within the National Forest Transportation System, nor changes in how the road system is funded, developed, used, and maintained.

9. The preferred alternative will not adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act (40 CFR 1508.27(b)(9)). A Biological Assessment/Biological Evaluation completed by the Forest Service along with a concurrence letter from the United States Department of the Interior, Fish and Wildlife Service and the United States Department of Commerce, National Marine Fisheries Service. The Forest Service consulted with the FWS and NMFS in accordance with established requirements. The EA reflects the results of these consultations (see section on Consultation). Site-specific projects will be preceded by biological evaluations to review the potential effects to TES species.

10. The preferred alternative does not threaten a violation of Federal, State or local law or requirements imposed for the protection of the environment (40 CFR 1508.27(b)(10)). The Forest Service issued notices announcing development of the advanced Notice of Proposed Rulemaking and, simultaneously, a proposed interim rule to temporarily suspend permanent and temporary road construction and reconstruction in unroaded areas of the NFS lands (see section on Purpose of Action). Additionally, adoption of the preferred alternative would not significantly affect the following elements, specified in statute, regulation, or executive order, of the human environment: air quality, cultural resources, farm lands (prime or unique), flood plains, American Indian religions concerns, TES species, hazardous or solid wastes, water quality, Wild and Scenic Rivers, and Wilderness. Roads proposed to be built during the 18-month period would be based on compliance with NEPA and Council on Environmental Quality regulations. The interim rule described under this alternative would not threaten to violate Federal, State, local or Tribal laws, or requirements imposed for the protection of the environment. The preferred alternative ensures access provided by statute or pursuant to reserved or outstanding rights (see section on Environmental Consequences).

DETERMINATION

On the basis of the information and analysis contained in the attached EA and all other information available as summarized above, it is my determination that adoption of the preferred alternative over an 18-month period does not constitute a major Federal action significantly affecting the quality of the human environment. Therefore, an EIS is unnecessary.

dombeck signature
MIKE DOMBECK
Chief, USDA Forest Service

Administrative review: Rulemaking by the Secretary of Agriculture is not subject to administrative appeal under 36 CFR 215.

Supporting Record is available at:

USDA Forest Service, Engineering Staff
Auditors Building
14th and Independence Avenues, SW

Washington, D. C. 20024


Purpose of and Need for Action

Purpose of Action

On January 28, 1998, the Forest Service announced, in an Advance Notice of Proposed Rulemaking (ANPR), its intent to revise regulations concerning management of the National Forest Transportation System. Simultaneously, the Forest Service published a proposed interim rule, to temporarily suspend permanent and temporary road construction and reconstruction in certain unroaded areas of National Forest System (NFS) lands. The purpose of the proposed interim rule is to maintain the environmental status quo, rather than allowing irreversible or irretrievable commitments of natural resources for an 18-month period while the Forest Service develops new analytical tools to evaluate road construction and reconstruction roads and a revised road management policy. The proposed temporary suspension is effective 15 days from the date of publication of the final interim rule and will remain in effect until adoption of the revised road management policy or 18 months, whichever occurs first. The Forest Service will notify the public in the Federal Register of the adoption of the analytical tools.

This is not a decision to adjust land management plans or authorize specific projects. After the agency has preserved options during the 18-month suspension, it will examine specific proposals for action in the suspended areas. At the time the Forest Service elects to move forward with project proposals, it will consider whether or not an EIS is necessary to evaluate environmental impacts. Thus, ground-disturbing impacts that may result from specific proposals are outside the scope of the propose of this interim rule, which is intended to maintain the environmental status quo.

Management activities that can be accomplished without permanent or temporary construction or reconstruction (e.g., timber harvest by helicopter or from existing roads) would be unaffected. Routine road maintenance would continue. The estimates used in this environmental assessment (EA) are representative of an 18-month period. They are to be used for purposes of this analysis only and cannot be used, with precision or certainty, regarding effects on any specific national forest.

Need for Action

The proposed temporary suspension is needed to preserve natural resource management options in unroaded areas of NFS lands while the Forest Service adopts a revised road management policy to evaluate when, where, and if new roads should be constructed in unroaded areas of NFS lands.

The existing National Forest Transportation System, estimated at over 373,000 miles of forest development roads, is important for land management and public use. Over 60,000 miles of unauthorized (unclassified) roads also exist. Although there are many benefits of forest development roads, the ecological impacts of these roads can be high. Recent scientific evidence suggests that permanent and temporary road construction and reconstruction, particularly in many unroaded areas, has caused substantial ecological impacts including stream sedimentation, introduction of exotic plants, fragmentation of wildlife habitat, landslides, impacts to water quality, and barriers to fish. Many unroaded areas of NFS lands have steep slopes, sensitive soils, and form the headwaters for community and regional water supplies. Effects from roads may persist for decades and may cause lasting degradation to sensitive ecosystems. In 1995, the USDA undertook a review of management activities that were anticipated or proposed in certain unroaded areas in the State of Montana, and took steps within its authority to preserve the remaining unroaded options including a temporary deferral of final decisions on oil and gas leasing activities in certain national forests (Secretary Glickman, letter dated December 15, 1995).

The lasting nature of permanent and temporary road construction and reconstruction in unroaded areas, and the growing scientific understanding of and increasing public concern about roads in unroaded areas has prompted the Forest Service to propose a temporary suspension of permanent and temporary road construction and reconstruction in unroaded areas of NFS lands while adopting a revised road management policy to evaluate the impact of locating and constructing roads.

Certain areas of NFS lands will be exempt from the temporary suspension. Suspension exemptions are designed to retain the integrity of the planning and appeal process and to acknowledge use of state-of-the art science in certain areas of NFS lands. Additionally, exemptions are needed to accommodate safety and statutory needs and other specific circumstances that would substantially disrupt national forest management.

Proposed Action

The Forest Service proposes to temporarily suspend permanent and temporary road construction and reconstruction in unroaded areas of NFS lands through issuance of a proposed interim rule to a new Section 212.13, Title 36, Code of Federal Regulations). Specifically, the proposed interim rule would apply to:

All remaining unroaded portions of Roadless Area Review and Evaluation (RARE II) inventoried roadless areas within the NFS and all other remaining unroaded portions as identified in land and resource management plan (forest plans).

All NFS unroaded areas greater than 1,000 acres that are contiguous to congressionally-designated Wilderness Areas or to Federally-administered components of the National Wild and Scenic River System (16 USC 1274), which are classified as Wild.

All NFS unroaded areas greater than 1,000 acres that are contiguous to unroaded areas of 5,000 acres or more on other Federal lands.

Any NFS area, regardless of size, with low-density road development that essentially has retained its unroaded characteristics in which the Regional Forester determines that permanent and temporary road construction and reconstruction should not proceed because of the area's special and unique ecological characteristics or social values.

Any other NFS area, regardless of size, that essentially has retained its unroaded characteristics in which the Regional Forester subsequently determines that permanent and temporary road construction and reconstruction should not proceed because of the area's special and unique ecological characteristics or social values.

Permanent and temporary road construction and reconstruction would be exempt from the proposed temporary suspension, as described in the Federal Register (Volume 63, No. 18, 4354), if it occurs in unroaded areas of NFS lands and :

Has a revised forest plan with a Record of Decision issued after January 1, 1996, with an administrative appeal process either completed, including the Francis Marion and Caribbean National forests, or begun before or after the effective date of the final interim rule including the Black Hills, Arapaho-Roosevelt, Rio Grande, Routt, Targhee, and Tongass National Forests, and the National Forests in Texas.

Is within a national Forest in Washington, Oregon, or California that is covered by the Northwest Forest Plan (NWFP).

Is needed for public safety or to ensure access provided by statute or provided or pursuant to reserved or outstanding rights.

The proposed temporary suspension would:

Not suspend nor modify any existing permit, contract, or other instrument authorizing the occupancy or use of NFS lands.

Not modify any existing NFS land allocation decision nor suspend nor otherwise affect other management activities nor uses in unroaded areas of NFS lands in which permanent and temporary road construction and reconstruction are suspended.

Be effective 15 days from the publication of the final interim rule.

Remain in effect until any suspended permanent and temporary road construction and reconstruction in unroaded areas can be evaluated using the new policy or 18 months, whichever occurs first.

Refer to Appendix B for NFS road management related initiatives.

Policies Beyond the Scope of the Proposed Action

Roadless area inventory - The proposed temporary suspension is not a new inventory of roadless areas nor a change in roadless area management direction, which are both established in forest plans.

Land allocation - Forest plans allocate lands into management areas, establish management goals and objectives, and determine which lands may be suitable for resource management. Unroaded areas are considered for wilderness suitability in forest plans. The proposed temporary suspension does not alter any of these decisions.

Road management policy - The proposed action is a temporary suspension of decision making on permanent and temporary road construction and reconstruction in unroaded areas of NFS lands to allow time for adoption of a revised road management policy to evaluate the impact of locating and constructing new roads. The proposed temporary suspension is not a permanent change to current road management regulations or policy.

Wilderness decision or recommendation - Although the Secretary of Agriculture may recommend to Congress unroaded areas for Wilderness Area designation, they are designated only through acts of Congress. The proposed temporary suspension does not designate nor recommend areas for wilderness classification.

Refer to Appendix C for additional clarification of the proposed temporary suspension.

Scoping

Over 53,000 letters, postcards, oral comments, and e-mail messages concerning the proposed temporary suspension were received between January 28, 1998, and March 31, 1998. Public meetings were held in 31 communities nationwide in February 1998 and March 1998. Attendance varied from approximately 40 to 50 people in Ketchikan, Alaska; Bismarck, North Dakota; and Denver, Colorado to over 400 people in Helena, Montana. Total attendance was approximately 2,300 people. Sessions were conducted in an open-house format to provide maximum opportunity for informal discussion between Forest Service representatives and the public and to avoid unproductive conflict and polarization. Meetings began in the early afternoon and lasted into the evening to enable after-work attendance.

Most comments did not distinguish between the proposed temporary suspension and the ANPR concerning long-term management of the National Forest Transportation System. A complete summary of the analysis of comments is in the Proposed Interim Rule Suspending Road Construction in Roadless Areas, Analysis of Public Comment, August 11, 1998.

Significant Issues

The Forest Service has copies of each letter received and the analysis summarizing the numerous issues identified during the public comment period. The Forest Service reviewed, sorted, and grouped each issue and determined whether it would be addressed in this EA or was beyond the scope of this analysis and should be addressed in the long-term transportation system policy. Many issues were addressed through clarification of the proposed temporary suspension. Comments generally supported by the proposed temporary suspension and those that reflected concern with the effects of implementation of the proposal were identified. The analysis and issue disposition list are available for review in the Forest Service's Washington, D.C. office.

The Forest Service identified the following significant issues for use in developing alternatives or components to alternatives.

Opposition to exemptions - Respondents wrote that exemptions may not be scientifically sound and, therefore, are unjustified. Conversely, others thought that permanent and temporary road construction and reconstruction integrates current science and uses sufficient analytical tools; therefore, there is justification for the exemption granted these unroaded areas on NFS lands. Many respondents expressed concern that unroaded areas of NFS lands exempt from the proposed temporary suspension would receive inadequate protection during development of new and improved analytical tools.

Conflict with existing planning processes - Many respondents asserted that the proposed temporary suspension may conflict with ongoing collaborative planning efforts including the Interior Columbia River Basin Ecosystem Management Project (ICBEMP). Local control of decision making could be affected, and local planning efforts and commitments made to local communities would be overridden. In addition, respondents thought that ongoing agreements with other Federal cooperators may be disrupted during the proposed temporary suspension.

Economic and environmental impacts - A number of comments reflected concern that the proposed temporary suspension would result in lost jobs, decreased economic returns to local communities, and increased wildfire risk as forest health declines. Permittees, including ski areas, and communities may be impacted as a result of suspension of infrastructure improvements (e.g., utility lines).

Alternatives

In response to the significant issues, the Forest Service developed 5 alternatives to the proposed action including a preferred alternative. Alternatives respond to the need for the proposal and address resolution of significant issues. Table 2 is a comparison of components for alternatives 2 through 6.

Alternative 1 - Current management

This is the estimated permanent and temporary road construction and reconstruction miles for the 18-month period. Since there are no suspensions under this alternative, it represents the total estimated permanent and temporary road construction and reconstruction miles in unroaded areas of NFS lands, is the option that describes current management, and is used as an estimate of the no action alternative for comparison of alternatives.

Alternative 2 - RARE II with exemptions

This alternative would temporarily suspend permanent and temporary road construction and reconstruction in all remaining unroaded portions of RARE II inventoried roadless areas and all other remaining unroaded areas identified in forest plans. Alternative 2 would temporarily suspend permanent and temporary road construction and reconstruction roads for a maximum of 18 months and would not affect long-term land allocation decisions in forest plans. This alternative limits suspensions to areas of special ecological importance as identified in forest plans and exempts areas where the impacts of permanent and temporary road construction and reconstruction have been incorporated into recent planning.

Under alternative 2, permanent and temporary road construction and reconstruction would be exempt from the proposed temporary suspension if it occurs in unroaded areas of NFS lands and:

Has a revised forest plan with a Record of Decision issued after January 1, 1996, with an administrative appeal process either completed, including the Francis Marion and Caribbean National Forests, or begun before or after the effective date of the final interim rule including the Black Hills, Arapaho-Roosevelt, Rio Grande, Routt, Targhee, and Tongass National Forests, and the National Forests in Texas.

Is a national forest within Washington, Oregon, or California that is covered by the NWFP.

Is needed for public safety or to ensure access provided by statute, or provided pursuant to reserved or outstanding rights.

Is within a national forest where there is a need to address an imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause the loss of life or property.

Is under existing contract, permit, or other instrument authorizing use and occupancy of NFS lands.

Is associated with multiagency jurisdictions that were processed with planning pursuant to an application and memorandum of understanding (MOU) existing as of the effective date of the final interim rule.

 

table2

3All NFS unroaded areas greater than 1,000 acres that are contiguous to congressionally-designated Wilderness areas or that are contiguous to federally-administered components of the National Wild and Scenic River System, which are classified as Wild.

 4All NFS unroaded areas greater than 1,000 acres that are contiguous to unroaded areas of 5,000 acres or more on other Federal lands.

 5All NFS unroaded areas greater than 1,000 acres that are contiguous to remaining unroaded portions of RARE II inventoried roadless areas or contiguous to areas identified in forest plans.

 6Any NFS area, regardless of size, with low-density road development or any other NFS area that essentially has retained its unroaded characteristics in which the Regional Forester subsequently determines that permanent and temporary road construction and reconstruction should not proceed because of the area’s special and unique ecological characteristics or social values. 

7Roadless areas listed in Table 5.1 of the Southern Appalachian Area Assessment, Social/Cultural/Economic Technical Report, Report 4 of 5, July 1996.

 8Unroaded areas within NFS that have a revised forest plan with a Record of Decision issued after January 1, 1996, with an administrative appeal either completed, including the Francis Marion and Caribbean National forests or on which the appeal process has begun before or after the effective date of the final interim rule including the Black Hills, Arapaho-Roosevelt, Rio Grande, Targhee, Tongass,and the National Forests in Texas.

 9Unroaded areas within NFS in Washington, Oregon, or California covered by the Northwest Forest Plan.

 10Unroaded areas within NFS covered by a plan amendment or revision adopted before or during the period in which the final interim rule is effective, where such amendment or revision has been developed through multi-Federal agency coordination using a science based eco-region assessment.

 11Unroaded areas within NFS where a road is needed for public safety or to ensure access provided by statute or pursuant to reserved or outstanding private rights.

 12Unroaded areas within NFS where there is needed to address an imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause the loss of life or property.

 13Would not suspend or modify any existing permit, contract, or other instrument authorizing occupancy or use of NFS lands.

 14Would not suspend road construction or reconstruction associated with multiagency jurisdictions that were processed with planning pursuant to an application and memorandum of understanding as of the effective date of the final interim rule.

 15Would not suspend or modify road construction or reconstruction associated with the multi-federal agency Greater Yellowstone Pipeline project.


Alternative 3 - Proposed action

The proposed temporary suspension, as described in the Federal Register Notice of January 28, 1998, would temporarily suspend permanent and temporary road construction and reconstruction in unroaded areas of NFS lands for a maximum of 18 months and would not affect land allocation decisions in forest plans. Areas suspended would be:

All remaining unroaded portions of RARE II inventoried roadless areas within the NFS and all other remaining unroaded areas identified in forest plans.

All NFS unroaded areas greater than 1,000 acres that are contiguous to congressionally-designated Wilderness Areas or to Federally-administered components of the National Wild and Scenic River System (16 U.S.C. 1274), which are classified as Wild.

All NFS unroaded areas greater than 1,000 acres that are contiguous to unroaded areas of 5,000 acres or more on other Federal lands.

Any NFS area, regardless of size, with low-density road development that essentially has retained its unroaded characteristics in which the Regional Forester determines that permanent and temporary road construction and reconstruction should not proceed because of the area's special and unique ecological characteristics or social values.

Any other NFS area, regardless of size, that essentially has retained its unroaded characteristics in which the Regional Forester subsequently determines that permanent and temporary road construction and reconstruction should not proceed because of the area's special and unique ecological characteristics or social values.

Permanent and temporary road construction and reconstruction would be exempt from the proposed temporary suspension if it occurs in unroaded areas of NFS lands and:

Has a revised forest plan with a Record of Decision issued after January 1, 1996, with an administrative appeal process either completed, including the Francis Marion and Caribbean National forests, or begun before or after the effective date of the final interim rule including the Black Hills, Arapaho-Roosevelt, Rio Grande, Routt, Targhee, and Tongass National Forests, and the National Forests in Texas.

Is a national forest in Washington, Oregon, or California that is covered by the NWFP.

Is needed for public safety or to ensure access provided by statute or pursuant to reserved or outstanding rights.

Alternative 3 would:

Not suspend nor modify any existing permit, contract, or other instrument authorizing the occupancy or use of NFS lands.

Not modify any existing NFS land allocation decision nor suspend nor otherwise affect other management activities nor uses in unroaded areas of NFS lands in which permanent and temporary road construction and reconstruction are suspended.

 

Be effective 15 days from the publication of the final interim rule.

Remain in effect until any suspended permanent and temporary road construction and reconstruction in unroaded areas can be evaluated using the new policy or 18 months, whichever occurs first.

 

Alternative 4 Broadest safeguards

This alternative would temporarily suspend permanent and temporary road construction and reconstruction roads for a maximum of 18 months and would not affect long-term land allocation decisions in forest plans. Alternative 4 is designed to assure maximum safeguards for meeting the stated purpose and need by expanding areas under suspension and limiting exemptions to those legally required.

Alternative 4 would temporarily suspend permanent and temporary road construction and reconstruction in all:

Remaining unroaded portions of RARE II inventoried roadless areas within the NFS and all other remaining unroaded areas of roadless areas identified in forest plans.

Unroaded areas greater than 1,000 acres that are contiguous to congressionally-designated Wilderness Areas or to Federally-administered components of the National Wild and Scenic River System, which are classified as Wild.

Unroaded areas greater than 1,000 acres that are contiguous to unroaded areas of 5,000 acres or more on other Federal lands.

Unroaded areas greater than 1,000 acres that are contiguous to remaining unroaded portions of RARE II inventoried roadless areas or contiguous to areas identified in forest plans.

Roadless areas listed in Table 5.1 of the Southern Appalachian Area Assessment, Social/Cultural/Economic Technical Report, 4 of 5, July 1996.

Under this alternative, there would be no exemption from the proposed temporary suspension, regardless of the status of forest plans or eco-regional assessments except for permanent and temporary road construction and reconstruction necessary for public safety, to ensure access provided by statute, or provided pursuant to reserved or outstanding rights. The proposed temporary suspension would not modify any existing contract, permit, or other instrument authorizing occupancy or use of NFS lands. Permanent and temporary road construction and reconstruction associated with proposals involving multiagency jurisdictions that were processed with planning pursuant to an application and MOU existing as of the effective date of the final interim rule.

Alternative 5 - RARE II without exemptions

Alternative 5 would temporarily suspend permanent and temporary road construction and reconstruction in all remaining unroaded portions of RARE II inventoried roadless areas within the NFS and all remaining unroaded areas identified in forest plans. Under this alternative, implementation of permanent and temporary road construction and reconstruction would be suspended for a maximum of 18 months. Long-term land allocation decisions in forest plans would be unaffected. This alternative would limit the suspension to roadless areas identified in forest plans and would limit exemption to those required by law.

Under this alternative, there would be no exemption from the proposed temporary suspension, regardless of the status of forest plans or eco-regional assessments except for permanent and temporary road construction and reconstruction necessary for public safety, to ensure access provided by statute, or provided pursuant to reserved or outstanding rights. The proposed temporary suspension would not modify any existing contract, permit, or other instrument authorizing occupancy or use of NFS lands. Permanent and temporary road construction and reconstruction associated with proposals involving multiagency jurisdictions that were being processed with planning pursuant to an application and MOU existing as of the effective date of the final interim rule.

 

Alternative 6 - Preferred alternative

Alternative 6 would temporarily suspend permanent and temporary road construction and reconstruction in all:

Remaining unroaded portions of RARE II inventoried roadless areas within the NFS and all other remaining unroaded areas identified in forest plans that lie one-quarter mile or more beyond any classified road.

NFS unroaded areas greater than 1,000 acres that are contiguous to congressionally-designated Wilderness Areas or to Federally-administered components of the National Wild and Scenic River System, which are classified as Wild.

NFS unroaded areas greater than 1,000 acres that are contiguous to unroaded areas of 5,000 acres or more on other Federal lands.

NFS unroaded areas greater than 1,000 acres that are contiguous to remaining unroaded portions of RARE II inventoried roadless areas or contiguous to areas identified in forest plans.

Roadless areas listed in Table 5.1 of the Southern Appalachian Area Assessment, Social/Cultural/Economic Technical Report, 4 of 5, July 1996.

Under alternative 6, permanent and temporary road construction and reconstruction would be exempt if it occurs in unroaded areas of NFS lands and:

Has a revised forest plan with a Record of Decision issued after January 1, 1996, with an administrative appeal process either completed, including the Francis Marion and Caribbean National Forests, or begun before or after the effective date of the final interim rule including the Black Hills, Arapaho-Roosevelt, Rio Grande, Routt, Targhee, and Tongass National Forests, and the National Forests in Texas.

Is encompassed by a forest plan amendment or revision adopted before or during the period in which the final interim rule is effective, where such amendment or revision has been developed through multi-Federal agency coordination using a science based eco-region assessment. The national forests in Washington, Oregon, and California covered by the NWFP would be exempt. National forests covered by the ICBEMP have 2 draft EISs completed. Final EISs have not been issued and no Record of Decision and associated Forest Plan Amendments on the ICBEMP have been made. It is premature to include an exemption for these forests in this analysis.

Is needed for public safety, to ensure access provided by statute or treaty, to address an imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause loss of life or property, or pursuant to reserved or outstanding rights.

The proposed temporary suspension does not suspend or modify any:

Existing permit, contract or other instrument authorizing use or occupancy of NFS lands.

Existing NFS land allocation decision, or suspend or otherwise affect other management activities or uses within unroaded areas of NFS lands.

Permanent and temporary road construction and reconstruction associated with the multiagency Greater Yellowstone Pipeline project.

Table 3 shows permanent and temporary road construction and reconstruction miles estimated and suspended under each alternative during the proposed temporary suspension.

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