Response. To avoid undue interruption or interference with established planning processes and to honor current decisions that incorporate current available science, the agency proposed an exemption for those plans in the Pacific Northwest and Alaska. Following publication of the proposed interim rule, Forest Service officials prepared an environmental assessment of the possible effects of several alternatives for suspending road construction and reconstruction. One alternative included suspending road construction and reconstruction in unroaded areas of forests encompassed by the Northwest Forest Plan and the Tongass National Forest Land and Resource Management Plan. The assessment shows that suspending road construction and reconstruction in unroaded areas of the Tongass National Forest would disrupt projected timber harvesting substantially. However, in recent years the actual timber harvested from the Tongass National Forest has been less than levels offered for sale. The forests encompassed by the Northwest Forest Plan would be disrupted to a lesser degree than the Tongass. The Tongass Land and Resource Management Plan and the Northwest Forest Plan were subject to substantial public involvement, greater, in fact, than received by most other land and resource management plans that also would be exempt under the proposed interim rule. The Tongass and Northwest Forest plans also involved considerable scientific input by scientists evaluating the environmental consequences that might result from following these plans. Moreover, the Tongass forest plan is still undergoing evaluation as part of the administrative appeal process under 36 CFR 217. As a result of the considerable science and public involvement in formulating these plans and considering the disruption to management that could result by applying suspensions to these forests, the Department has decided to retain the exemption for the Tongass Land and Resource Management Plan and those forests encompassed by the Northwest Forest Plan.

Comment: Exemption for plans under development but yet to be adopted. Some respondents believe that land and resource management plan revisions that have been ongoing for the last few years should be honored by exempting these plans from suspension provisions of the final interim rule. These respondents state that the rigor of analysis in these plans is comparable to land and resource management plans exempted under the proposed interim rule and upon completion of these plans they should be exempted.

Response. The Department agrees with these comments. Since future forest plan revisions will undergo analyses as rigorous as those conducted since January 1, 1996, forest plan revisions that will be approved while the rule is in effect would be exempt upon completion of a Record of Decision revising the forest plan and implementation of that decision.

To date, the Northwest Forest Plan is the only multi-agency, eco-regional, decisionmaking document that has extensively employed available science, especially integrating scientific findings into the decision. However, decisions on other multi-agency, eco-regional projects may be issued while the final interim rule is in effect; for example, the Interior Columbia Basin Ecosystem Management Project (ICBEMP). Paragraph (c)(3) of the final interim rule exempts portions of those forests encompassed by the ICBEMP upon completion of a Record of Decision for that planning effort or other multi-agency eco-region decisionmaking made during the 18-month suspension period of the final interim rule. Paragraph (c)(3) also would permit road construction and reconstruction in unroaded areas where the forest plan amendment or revision has been developed through multi-Federal agency coordination based on an eco-regional assessment.

Comment: Opportunity to provide additional information in appeals of forest plan revision decisions. One individual asked the Forest Service to reopen the appeal period for those forest plans exempt under the proposed interim rule but currently under appeal; for example the Tongass Land and Resource Management Plan. This respondent believes that the appeal period should be extended until new and improved analytical tools are developed and cited in the appeal process.

Response. To extend current planning and appeal processes for the 18-month suspension period would not honor established planning and appeal processes. Additionally, a halt to all ongoing planning, decisionmaking, and appeal processes until new and improved analytical tools are developed would result in unreasonable and unnecessary delays of many forest management activities. The final interim rule respects current planning and decisionmaking; it does not alter the established process for the Forest Service Chief's review of forest plans nor does it change the criteria for administrative review. If the Chief remands a land and resource management plan to reconsider certain land allocations, NFMA compliance would be required, as it would for any change in a land and resource management plan.

Comment: Exemptions for ski areas and oil and gas leases with current authorizations. A number of respondents asked that oil and gas, mining, and ski area projects be exempted from the final interim rule. Permit holders wrote that they have made good-faith efforts to complete necessary administrative processes and abide by the conditions of their respective permits. They stated that the proposed interim rule would revoke rights duly given under permits and unfairly affect responsive and responsible operators for the actions of others. If permits were to be affected by the final interim rule, they asked that the Forest Service allow road maintenance and repair.

Exempting ski area permits was an issue for many. The proposed expansion of Colorado's Vail Ski Area was of particular concern for those who believe that Vail does not need to expand and that the required road construction would have negative effects on the adjacent Two Elks Roadless Area. Some expressed concern about the proposed construction of new ski areas on the Kootenai National Forest in northwest Montana and in Oregon's proposed Pelican Butte area. By contrast, a few persons wrote that ski areas should be exempt from the proposed suspension.

Response. Recreation resort developments, including ski areas, oil and gas leases, and mining operations, are authorized by special use permits or other legal instruments for development and operation. These authorizations constitute a long-term, legally binding relationship between the permit holder and the Forest Service. Paragraph (d)(1) of the final interim rule retains the proposed exemption for special use authorizations and contract commitments made in such agreements. Ski area master development plans and other large development plans do not necessarily make project-level decisions on anticipated road construction or reconstruction. However, road construction and reconstruction evaluated and decided as part of a development plan are considered to be authorized under the special use authorization and, therefore, are encompassed by exemptions in paragraph (d)(1) of the final interim rule.

Less than 15 miles of permanent and temporary road construction and reconstruction for ski areas could be affected. Most proposed construction and reconstruction for ski areas are within areas covered by approved master development plans and are not subject to suspension of road construction and reconstruction. Since most oil and gas and ski area developments are not subject to suspension, the Department does not believe the final interim rule will unduly disrupt these activities and, therefore, a specific exemption is unnecessary in the final interim rule.

Comment: Exemption of land exchanges and timber sales under analysis. A few respondents representing timber companies requested that the final interim rule exempt road construction projects in pending land exchanges because, in some cases, the terms and conditions of a land exchange may be contingent on future access and road construction may be required. Some asked that active timber sale contracts or proposed timber sales for which planning has been completed also be exempt.

Response. The final interim rule will not affect rights-of-access associated with land exchanges already decided. Land exchanges in and of themselves do not involve road construction or reconstruction and, therefore, are not affected by the final interim rule. However, road construction or reconstruction in unroaded areas affected by the temporary suspension in connection with a land exchange could not proceed. There are few situations where land exchanges are dependent on road construction or reconstruction; therefore, an exemption for road construction or reconstruction associated with land exchanges is unnecessary. The final interim rule will not modify any existing contract or other instrument including timber sale contracts. Timber sales in the planning and contract award process that have not progressed to a signed timber sale contract, as of the effective date of the rule, create no right and, therefore, would be subject to suspension provisions of paragraph (b) of the rule.

Comment: Exemption of recreation roads and trails. A few respondents wrote that recreation roads and trails funded with Federal and State money should be exempt from the final interim rule. These reviewers expressed concern about the suspension's potential effects on continued funding for roads or off-road vehicle trails jointly operated and maintained by Federal and State government entities. Other respondents were concerned that existing recreation roads and trails would be removed unless exempted by this interim rule.

Response. Approximately 230 recreation projects with approximately 195 miles of road construction or reconstruction are needed to access the government facilities are estimated for all NFS lands during the period the final interim rule would be in effect. Because less than one mile of associated access would be within an unroaded area covered by the final interim rule, the effect would be negligible. Additionally, the Forest Service will not remove any existing roads or trails within unroaded areas as a direct consequence of this final interim rule.

Comment: Exemption for national forests covered by the Upper Columbia River Basin Assessment. Many respondents asked that the final interim rule exempt national forests in the Upper Columbia River Basin (UCRB), and one organization requested that the Forest Service exclude all projects within the Interior Columbia Basin Ecosystem Management Project (ICBEMP) for which the NEPA process has already begun.

A number of respondents argued that years of work and thousands of hours of research have gone into the creation of the ICBEMP and, therefore, the Forest Service should consider exempting all forests encompassed by the ICBEMP. They wrote that the regionally developed ICBEMP is based on sound science, broad public participation, and in-depth analysis, which should be sufficient to ensure that road construction and reconstruction anywhere in the area will meet the objectives of the final interim rule. One individual said, ". . . the active public participation and substantial work on guidelines factored into the ICBEMP mean the proposed moratorium on road building in roadless areas in the Basin is not necessary to achieve the better decisionmaking process you are seeking." A few respondents suggested that an analysis process be included in the final interim rule that would allow road construction and reconstruction to proceed within the area encompassed by the ICBEMP if the science in the ICBEMP assessment was used at the project-level and a watershed analysis was followed to make site-specific road construction decisions.

In contrast to these veiwpoints, others argued that since no decisions have been made for the ICBEMP, none of the standards and guidelines that might apply to road construction and reconstruction are binding on any of the national forests in the analysis area. In addition, some stated that the areas most at risk from detrimental effects of road construction are within the ICBEMP.

Response. The ICBEMP team and public participants are using the best available science to plan, locate, and design roads. This extensive planning effort has maintained extensive public involvement, conducted in-depth analyses, and fostered collaboration among all Federal management and regulatory agencies directly affected by the proposed action. However, as many respondents noted, there are no final resource decisions and, therefore, guidelines and standards that may result are not yet binding on the Forest Service nor agreed to by the cooperating agencies.

Having considered these comments, the Department has adopted a revised exemption at paragraph (c)(3) that will permit road construction in unroaded areas to proceed where forest plan amendments or revisions are adopted using a multi-Federal agency approach, current and available science, and an eco-regional assessment. Thus, portions of the National Forest System covered by the ICBEMP will be exempt when the Forest Service issues a final decision that amends or revises forest plans.

Comment: Impending threat considerations should be exempted. Many wrote that the Forest Service proposal gave no recognition to the importance of roads for fire suppression, access for emergency/rescue personnel, and critical insect and disease treatment. They said that the proposed temporary suspension would limit the agency's ability to fight fires, rescue injured or lost persons, and prevent property loss. Many wrote that access also improves fire suppression safety. Others argued that areas should be exempt from active management of fuel accumulation and improvement of forest health.

Response. The Forest Service included an exemption for public safety in the proposed interim rule. This exemption is retained in paragraph (c)(4) of the final interim rule, which has been modified, based on consideration of comments, to also provide for the imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause a loss of life or property. This provision allows for fire suppression and emergency rescue of those who are in danger and provides for a level of pro-active management to mitigate potential emergency situations before they become unmanageable.

The final interim rule does not provide an exemption for impending threats to significant ecological values, as recommended by some respondents, although the Forest Service and Department did consider such an exemption. Definitions of significant ecological values are subjective, may be misinterpreted or misconstrued, and could result in inappropriate road construction or reconstruction while the final interim rule is in effect.

Comment: Violation of Indian Treaty Rights. A few respondents expressed concern that the proposed interim rule would violate Indian treaty rights.

Response. The proposed interim rule expressly stated that road construction and reconstruction needed to ensure access provided by statute or pursuant to reserved or outstanding private rights will be protected. However, the Department has concluded that the term "private rights" may not be sufficient to include treaty rights; therefore, the final interim rule specifically adds treaty rights to paragraph (c)(4) to make clear the intent to protect Indian treaty rights. Additionally, the term "rights" has been substituted in paragraph (c)(4) of the final rule for "private rights" to ensure there is no confusion that State and local government rights are also protected.

Scope and Applicability. Paragraph (c) of the proposed interim rule contained an assertion that the interim rule would not modify, suspend, or cause to be reexamined any existing permit, contract, or other instrument authorizing occupancy and use of the National Forest System. This provision also would not modify or suspend any land and resource management plan, any land allocation decision, or other management activity or use within unroaded areas in which road construction or reconstruction have been temporarily suspended. Finally, in the proposed interim rule, the suspensions would remain in effect until adoption of a revised road management policy is adopted or 18 months, which ever is sooner.

Comment: Duration of the interim rule. Many people commented on the proposed length of the final interim rule, as well as the design and application of new and improved analytical tools. Those supporting and those opposing the proposed interim rule wrote that the Forest Service has a poor record of completing plans and implementing policy changes within established timeframes. Some said that it would be impossible to conduct a comprehensive study and implement an appropriate revision of the National Forest Transportation System within 18 months. A few respondents suggested that the final interim rule should remain in effect until forest plan revisions have been completed or until a long-term transportation system policy has been adopted. Specific suggestions for the duration of the rule ranged from 6 to 36 months.

Some respondents expressed fear that the final interim rule would become permanent by default, while others specifically requested that it be made permanent. Such comments were often accompanied by personal views on the "appropriate use" and management of public lands. Many respondents cited the importance of forest management and the need to actively address forest health problems. These respondents expressed concern that, like the interim Strategies for managing Anadromous Fish Producing Habitat (PACFISH), the Inland Fish Aquatic Strategy (INFISH), and the California Spotted Owl Environmental Impact Statement (CASPO), the final interim rule would eventually become institutionalized. On the other hand, many recommended maintaining unroaded areas in an unmanaged condition and suggested that the Forest Service provide those areas with additional protection.

Response. The Department is determined that the final interim rule remain in effect for only as long as necessary until a revised road management policy is adopted. For this reason, a limit of 18 months was imposed to mitigate against delays while these tools are developed and tested and a revised road management policy is adopted. The certainty of the final interim rule's termination will expedite the revised policy and help ensure timeliness.

Comment: Applicability to Memorandums of Understanding. A few Federal and State agency respondents expressed concern that the proposed interim rule would delay projects conducted under established agreements with other Federal or State agencies. The only project of this type cited was the multi-agency Yellowstone Pipeline project.

Response. The Yellowstone Pipeline project is an ongoing project that has fostered valuable collaboration among 11 cooperating agencies involved in decisionmaking. Substantial resources have been committed to this project over the last few years. The Department does not intend to disrupt established land management planning or broad, multi-agency planning. Therefore, paragraph (d)(2) of the final interim rule makes explicit that the suspension does not apply to the Yellowstone Pipeline project.

Comment: Lack of description of the analytical tools. A few respondents expressed concern that the analytical tools that will replace the final interim rule are not described in the preamble to the proposed interim rule. These respondents believe that these analytical tools will replace established planning mechanisms such as forest planning. They are also concerned that the analytical tools will impose standards that will eliminate future roading in unroaded areas. These respondents asked that the analytical tools be described in the final interim rule.

Response. The Department agrees that the analytical tools should be better described. Since publication of the proposed interim rule, a draft roads analysis procedure has been developed and is being field tested on six national forests across the National Forest System before undergoing a rigorous scientific peer and technical review. The objective is to develop a procedure that integrates ecological, social, and economic considerations into future decisions about building roads in roaded and unroaded areas. The procedure, which serves as a template to guide thinking about road options at all planning scales, will be composed of various analytical steps to identify and gather needed information and to produce maps and other documents. The analytical tools will be designed to be issue driven; that is, they will help managers identify public issues when analyzing local road system status and need. The process will use a multi-scale approach to ensure that all road-related issues are examined in context. The procedure will include methods for developing management opportunities and options and assessing risks associated with decisions to maintain, reduce, and expand road networks on the national forests. In addition, the process will provide a framework for examining important issues and developing relevant information before managers enter into any formal decision process that may change the characteristics and uses of national forest road networks.

These analytical tools will neither make decisions nor allocate lands for specific purposes; instead, they will assist decisionmaking by examining important ecological, social, and economic issues and by developing information relevant to decisions about forest plans and projects. The roads analysis tools will provide an ecological approach to transportation planning, will be flexible, and will allow a customized examination of individual landscapes and sites.

The agency intends to obtain scientific peer and technical review of these tools. However, since these tools are still under development and have yet to be peer reviewed, and since the analysis procedures themselves do not provide policy direction, it is both premature and inappropriate to include them in the final interim rule.

The final interim rule revises the circumstance that will lift the suspension before the 18-month termination. At paragraph (d)(3), the proposed rule would have lifted the suspension upon 18 months or upon the adoption of a revised road management policy whichever is first. Adoption of a revised road management policy provides a clearer termination point for the interim suspension than implementation of the analytical tools. Before adopting a revised road management policy, the Forest Service will provide public notice of its proposal and an opportunity for public comment.

Having considered the comments received, the Department is adopting a final interim rule to suspend road construction and reconstruction in certain unroaded areas for up to 18 months. Road construction and reconstruction will be suspended in certain unroaded areas, specifically in remaining unroaded portions of RARE II and land and resource management planning inventoried roadless areas, National Forest System unroaded areas of more than 1,000 acres contiguous to RARE II areas and forest plan inventoried roadless areas, unroaded areas of 1,000 acres or more contiguous to Wild components of the Wild and Scenic River System, or unroaded areas of other Federal lands larger than 5,000 acres. The final interim rule provides for certain exemptions, specifically unroaded areas encompassed by land and resource management plans revised since January 1, 1996, and unroaded areas encompassed by land and resource management plan amendments or revisions resulting from multi-Federal agency coordination using current available science and based on an eco-regional assessment. Also exempted are road construction or reconstruction in unroaded areas where roads are needed for public safety, to ensure access provided by statute, treaty, to address impending threats of flood, fire, or other catastrophic event, or pursuant to reserved or outstanding private rights. The final interim rule does not suspend or modify any existing permit, contract, or other instrument authorizing the occupancy and use of National Forest System land, and the rule specifically does not apply to road construction or reconstruction associated with the multi-Federal agency Yellowstone Pipeline project.

The final interim rule has be reviewed under USDA procedures and Executive Order 12866 on Regulatory Planning and Review and determined that it will not have a significant adverse effect on the economy. Under the final interim rule, some projects may not be implemented within their planned time-frames, particularly such activities as timber sales and ecosystem restoration projects that require road construction or reconstruction. While the interim rule is in effect, some projects may be canceled, some projects may proceed to the extent that no road construction will occur, and some may be postponed until adoption of a revised road management policy. Application of the revised policy to these projects may eventually result in modifications or elimination. A number of factors contribute to difficulties in estimating the costs and benefits associated with deferred land management projects. There may be considerable variation in site-specific factors, projects are in various stages of development, planning and analysis often take longer than initially anticipated, and some project work can be shifted to sites outside unroaded areas subject to suspension or road construction or reconstruction.

The Forest Service estimates that, nationwide, of the 5.4 billion board feet of timber planned for sale during the 18-month period of the final interim rule, the timber volume actually offered may be reduced by an estimated 170 to 260 million board feet as a result of this final interim rule. This is less than 5 percent of the planned sales. Although the actual amounts are difficult to estimate, reductions in timber-volume is expected to result in corresponding reductions in employment and in payments-to-States. The reductions in timber-volume sold could affect between 270 to 420 direct timber jobs per year over 3 years. The estimated potential loss of payments-to-States is $6 to $8 million. However, the 1998 Supplemental Appropriations Rescission Act (PL 105-174) contains a provision requiring the Forest Service to compensate counties for loss of revenues that would have been provided from scheduled projects if the final interim rule were not implemented, or if substitute timber sales are not offered. The Forest Service expects that the Northern, Southern, and Intermountain Regions could experience a greater share of lost revenues than other geographic regions due to their higher dependence on unroaded areas for timber production. The losses could be mitigated by requirements of the 1998 Supplemental Appropriation Act. It is not possible to estimate the extent of the mitigation until implementation guidelines are established.

While project delays will have some adverse economic effects in the short-term, such effects will be offset by the benefits gained from the suspension. Those benefits will result from a reduced risk of erosion, landslides, and slope failure, all of which would threaten water quality in headwater streams within many of the included unroaded areas. The temporary suspension of road construction and reconstruction will also help prevent the introduction of noxious weed species, retain scenic and intrinsic values, and maintain important wildlife habitat and corridors. The transportation system analysis process will use the best available science and information about use trends during project planning. Resource managers and the public will better understand the possible effects of locating and constructing roads in unroaded areas.

Although it does result in costs associated with delays or deferrals in road construction or reconstruction, the suspension is limited to unroaded areas and will not extend beyond 18 months. The greatest impact of the final interim rule is the loss of an estimated $6 to $8 million annually, far less than the threshold of $100 million, and it is not expected to otherwise adversely affect the economy, worker productivity, competition, jobs, the environment, public health or safety, or State or local governments.

Moreover, the final interim rule has been considered in light of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and it is hereby certified that the final interim rule will not have a significant economic effect on a substantial number of small entities as defined by that Act.

This final interim rule has been analyzed in accordance with the principles and criteria described in Executive Order 12630 and it has been determined not to pose the risk of a taking of constitutionally protected private property. Because it applies only to Federal lands and explicitly ensures access to private property pursuant to statute, or to outstanding or reserved rights, no constitutionally protected private property rights will be affected.

This final interim rule has been reviewed under Executive Order 12988, Civil Justice Reform. It (1) preempts all State and local laws and regulations that are in conflict or which would impede its full implementation, (2) has no retroactive effect on existing permits, contracts, or other instruments authorizing the occupancy and use of National Forest System lands, and (3) does not require administrative proceedings before parties may file suit challenging its provisions.

Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531- 1538), which the President signed into law on March 22, 1995, the Department has assessed the effects of this interim rule on state, local, and tribal governments and the private sector. This interim rule does not compel the expenditure of $100 million or more by any State, local, or tribal government or anyone in the private sector. Therefore, a statement under section 202 of the Act is not required.

Based on the environmental assessment and comments received on the proposed interim rule, the Department has determined that there are no significant environmental impacts associated with adoption of this final interim rule. A copy of the environmental assessment and Finding of No Significant Impacts may be obtained on the World Wide Web at www.fs.fed/eng/road_mgt/ea.html or by writing the Director of Ecosystem Management Coordination, P.O. Box 96090, Washington, D.C. 20090, or by calling 202-205-0895.

This final interim rule does not contain any recordkeeping or reporting requirements or other information-collection requirements as defined in 5 CFR part 1320 and, therefore, imposes no paperwork burden on the public. Accordingly, review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.) and implementing regulations at 5 CFR part 1320 do not apply.

Highways and roads, National forests, Rights-of-way, and Transportation.

Therefore, for reasons set out in the preamble, Part 212 of Title 36 of the Code of Federal Regulations is amended as follows:

1. The authority citation for part 212 continues to read as follows:

Authority: Sec. 1, 30 Stat. 35, as amended sec. 205, 72 Stat. 907; 16 U.S.C. 551, 23 U.S.C. 205, unless otherwise noted.

2. Add a new §212.13 to read as follows:

PART 212 -- ADMINISTRATION OF THE FOREST DEVELOPMENT TRANSPORTATION SYSTEM

§212.13 Temporary suspension of road construction in unroaded areas .

(a) Definitions. The special terms used in this section are defined as follows:

(1) Road. A vehicle travel way of over 50 inches wide. As used in this section, a road may be classified or unclassified.

(i) Classified road. A road that is constructed or maintained for long-term highway vehicle use. Classified roads may be public, private, or forest development.

(A) Public road. A road open to public travel that is under the jurisdiction of and maintained by a public authority such as States, counties, and local communities.

(B) Private road. A road under private ownership authorized by an easement to a private party, or a road which provides access pursuant to a reserved or private right.

(C) Forest development road. A road wholly or partially within or adjacent to a National Forest System boundary that is necessary for the protection, administration, and use of National Forest System lands, which the Forest Service has authorized and over which the agency maintains jurisdiction.

(ii) Unclassified road. A road that is not constructed, maintained, or intended for long-term highway use, such as, roads constructed for temporary access and other remnants of short-term use roads associated with fire suppression, timber harvest, and oil, gas, or mineral activities, as well as travel ways resulting from off-road vehicle use.

(2) Unroaded area. An area that does not contain classified roads.

(3) RARE II. The acronym for the second Roadless Area Review and Evaluation conducted by the Forest Service in 1979 that resulted in an inventory of roadless areas considered for potential wilderness designation.

(b) Suspensions. Except as provided in paragraphs (c) and (d) of this section, new road construction projects, including temporary road construction, and road reconstruction projects are suspended within the following areas of the National Forest System:

(1) All remaining unroaded portions of RARE II inventoried roadless areas within the National Forest System, and all other remaining unroaded portions of roadless areas identified in a land and resource management plan prepared pursuant to the National Forest Management Act (16 U.S.C. 1604) that lie one-quarter mile or more beyond any existing classified road as of [insert the effective date of this final interim rule];

(2) All National Forest System unroaded areas of more than 1,000 acres that are contiguous to remaining unroaded portions of RARE II inventoried roadless areas or contiguous to areas inventoried in land and resource management plans. For purposes of implementing this category of suspension, areas of 1,000 acres or more must have a common boundary of considerable length, provide important corridors for wildlife movement, or extend a unique ecological value of the established inventoried area;

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

(4) All National Forest System 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 (16 U.S.C. 1274) which are classified as Wild; and

(5) All National Forest System unroaded areas greater than 1,000 acres that are contiguous to unroaded areas of 5,000 acres or more on other federal lands.

(c) Exemptions. Road construction and reconstruction projects are not subject to the suspension established by paragraph (b) of this section if they fall within one of the following unroaded areas:

(1) Unroaded areas within national forests that have a signed Record of Decision revising their land and resource management plans prepared pursuant to the National Forest Management Act (16 U.S.C. 1604) after January 1, 1996, and on which the administrative appeals process under 36 CFR part 217 has been completed as of [insert the effective date of this final interim rule];

(2) Unroaded areas within a National Forest that have a signed Record of Decision revising the land and resource management plan prepared pursuant to the National Forest Management Act (16 U.S.C. 1604) on which the administrative appeals process under 36 CFR part 217 has begun before or after [insert the effective date of this final interim rule]. (For these forests, any issues related to the construction of roads in unroaded areas will be addressed in the appeal decision, when appropriate.);

(3) Unroaded areas within the National Forest System encompassed by a land and resource management plan amendment or revision adopted before or during the period in which this section is effective, where such amendment or revision has been developed through multi-federal agency coordination using a science based eco-regional assessment;

(4) Road construction or reconstruction in unroaded areas where roads are needed for public safety, needed to ensure access provided by statute, treaty, or pursuant to reserved or outstanding rights; or needed to address an imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause the loss of life or property.

(d) Scope and applicability. (1) This rule does not suspend or modify any existing permit, contract, or other instrument authorizing the occupancy and use of National Forest System land. Additionally, this rule does not suspend or modify any existing National Forest System land allocation decision, nor is this rule intended to suspend or otherwise affect other management activities or uses within unroaded areas in which road construction or reconstruction projects are suspended pursuant to paragraph (b) of this section.

(2) This rule does not suspend or modify road construction or reconstruction associated with the multi-federal agency Yellowstone Pipeline project.

(3) The suspensions established by paragraph (b) of this section remain in effect until the Forest Service, after giving appropriate public notice and opportunity to comment, adopts its revised road management policy, or 18 months from the effective date of this rule, whichever is first.

(e) Effective date. The suspension of road construction and reconstruction projects in unroaded areas as provided in paragraph (b) of this section is effective [insert the date 15 days from the date of publication in the Federal Register].

Mike Dombeck
Chief, Forest Service