Travel Management Rule Implementation Strategy

Transcription

1 Travel Management Rule Implementation Strategy NEPA and Planning Rocky Mountain Region Golden, Colorado V NEPA Team Participants Dave Cottle, Range Management Specialist, Medicine Bow-Routt NFs, ampa RD Cindy Dean, Environmental Specialist, R2-Planning Harold Dave Dyer, NEPA/FOIA/Appeals Coordinator, Rio Grande NF Pat Hessenflow, Rangeland Management Coordinator, Comanche NG Marilee Houtler, NEPA Coordinator, Medicine Bow-Routt NFs, Douglas RD 1

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3 Table of Contents BACKGROUND INFORMATION 5 Travel Management Rule Highlights 5 R2 Planning Strategy 6 Dispersed Camping 6 NEPA Situations 7 Conclusion 7 TEMPLATE DOCUMENTS & HELPFUL HINTS 9 Purpose and Need 9 Issues 9 Alternative Development 10 Things to Think About 10 Sample Scoping Letter 11 NFMA, NEPA and Administrative Corrections 12 General Decision Framework 13 SPECIFIC FOREST RECOMMENDATIONS 15 NEPA Team Assumptions 15 Forest Reviews Findings 17 Arapaho-Roosevelt NF and Pawnee NG 19 Bighorn 21 Black Hills 23 Grand Mesa-Uncompahgre-Gunnison 25 Medicine Bow 27 Nebraska 29 Pike-San Isabel NFs, Comanche and Cimarron NGs 31 Rio Grande 35 Routt 37 San Juan 39 Shoshone 41 Thunder Basin NG 43 White River 45 ENCLOSURE CLOSURE AND RESTRICTION ORDERS 47 3

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5 TRAVEL MANAGEMENT RULE IMPLEMENTATION STRATEG REGIONAL OVERSIGHT IMPLEMENTATION TEAM NEPA AND PLANNING Travel Management Rule Highlights Background Information The Travel Management Rule became effective December 9, Final text of the Rule is further codified under 36 CFR Part 212 (Travel Management), Part 251 (Land Uses), and Part 261 (Prohibitions). 36 CFR Part 295 (Use of Motor Vehicles off NFS roads) was removed in its entirety. The Rule requires designation of those roads, trails, and areas that are open to motor vehicle use. The prohibition on motor vehicle use off the designated system goes into effect once the Forest/Ranger District has designated roads, trails and areas open to motor vehicle use and a Motor Vehicle Use Map (MVUM) has been published. The Rule prohibits the use of motor vehicles off the designated system as well as use of motor vehicles on routes and in areas not consistent with the designations. The Rule will enhance enforcement by substituting a regulatory prohibition for closure orders and providing for a Motor Vehicle Use Map. The Rule allows for the designation for the limited use of motor vehicles within a specified distance of certain designated routes solely for the purposes of dispersed camping or retrieval of a downed big game animal (36 CFR (b)). The Rule does not apply to the following: Nonmotorized uses, such as bicycles and horses. Motor vehicle use that is specifically authorized pursuant to a written authorization issued under Federal law or regulation. This includes permits issued for special events, firewood gathering, livestock operation, outfitter and guides, and lands special uses. State, county or municipal roads and trails authorized by a legally documented right-of-way subject to the control of that government authority. This includes rights-of-way under RS 2477 that have been adjudicated through the Federal court system or otherwise formally established. Private roads included in a forest transportation atlas are not subject to designation under the Rule because they are not National Forest System roads. Emergency motor vehicle use. 5

6 The requirements governing the designation process apply to over-snow vehicles only if the responsible official proposes to establish restrictions or prohibitions on over-snow vehicle use ( (c)). Aircraft. Watercraft. Law enforcement operations. Administrative access. Government contractors and service contractors. Wheelchairs are specifically exempted from the definition of a motor vehicle. There is no legal requirement to allow people with disabilities to use off highway vehicles or other motor vehicles on routes closed to motor vehicle use. R2 Planning Strategy The Rocky Mountain Region has identified a strategy to implement the Travel Management Rule (hereafter referred to as the Rule) on all National Forests and Grasslands by September Planning includes all steps necessary to implement the Rule. The Rule gives responsible officials the flexibility to designate roads, trails and areas open to motor vehicle use in one step or several stages. Depending on the unit s existing situation, the forest would work through some or all of the stages leading toward a motorized use forest transportation plan identified on a Motor Vehicle Use Map. See pdf. Dispersed Camping 36 CFR (b) Motor vehicle use for dispersed camping or big game retrieval. In designating routes, the responsible official may include in the designation the limited use of motor vehicles within a specified distance of certain designated routes, and if appropriate within specified time periods, solely for the purposes of dispersed camping or retrieval of a downed big game animal by an individual who has legally taken that animal. If motorized access within a specified distance of designated routes for uses other then dispersed camping and big game retrieval are allowed, this is not in accordance with the Rule and changes are probably necessary. If motorized access to only dispersed camping and/or big game retrieval is currently allowed in accordance with the Rule, no changes may be necessary. It has been recognized that some forest plans or existing travel management plans may need to be modified (amended) to guide the forests into compliance with the Travel Management Rule part (b) that includes motor vehicle use associated with access for dispersed camping or big game retrieval. Other Forests may be able to document project level decisions to implement this portion of the Rule. 6

7 NEPA Situations Once it has been determined that changes are needed relating to motorized access for dispersed camping and/or big game retrieval decisions, there are four different situations. For efficiency, make certain you are doing the appropriate level of analysis documented in the appropriate NEPA document. Situation #1 There needs to be a change to an existing plan (Forest Plan or Travel Management Plan) and it is determined the environmental documentation is in the form of an EIS. The decision will be documented in a Record of Decision. The timeline for completion is a minimum of 6 months and includes: Scoping usually 30 days A minimum of a 45 day comment period A 105 day appeal period (45 day appeal period, 45 day response period, and a 15 day stay) Situation #2 The Forest needs to complete an environmental analysis and decision using an environmental assessment (EA). The timeline for completion is a minimum of 5 months and includes: Scoping (can be within 30 day comment period) per 215 A 30 day comment period A 105 day appeal period (45 day appeal period, 45 day response period, and a 15 day stay) Situation #3 There needs to be a change in a Forest Plan. This must be a Forest Plan amendment and would be analyzed and documented in either an EIS or an EA. See timelines given above. Situation #4 There needs to be an administrative correction or change to the Forest Plan. Changes that require clarification (changing the wording of a phrase) do not require NEPA but should include public involvement through a public notice. Minimum timeline would be approximately 30 days. Conclusion The following paper is meant to provide templates as well as helpful hints for forests to use when implementing the R2 strategy in the step or stages of their process that require NEPA analysis, specifically related to access for dispersed camping and/or big game retrieval. 7

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9 Template documents and helpful hints Purpose and Need The following statement could be applied to any NEPA document associated with the Travel Management Rule: THE PURPOSE AND NEED FOR THIS ACTION IS TO IMPROVE MANAGEMENT OF MOTORIZED VEHICLE USE ON NFS LANDS WITHIN THE (NAME OF FOREST) NATIONAL FOREST/GRASSLAND IN ACCORDANCE WITH PROVISIONS OF 36 CFR PARTS 212, 251, 261, AND 295 TRAVEL MANAGEMENT; DESIGNATED ROUTES AND AREAS FOR MOTOR VEHICLE USE. It is recommended that the purpose and need statement go beyond what is listed above and describe why it is necessary to make the specific changes that are being proposed. Focus on the problem to be solved contrasting the existing and desired conditions. Tie it to resource conditions along with the above need to implement the Rule. Issues The following are a list of brainstormed issues for a Forest to consider. The team felt that the issues to be addressed for implementing the Rule would primarily be related to social and economic concerns. Consider whether the following are issues that would apply to your Forest: Don t focus on disallowing uses; we re limiting the motorized access off designated roads/trails to protect forest resources. We re not diminishing the forest experience. Displacement of users from areas they ve become accustomed to traveling off roads/trails. Higher use/crowding in already designated areas. Public safety related to parking on Forest Roads. User conflicts vehicle classes and route type. Changing experience or opportunity. Sense of Place Tribal use Heritage resources Economic impacts more fees for concessionaire managed facilities, private campgrounds and picnic areas see increasing use. Districts may be able to gather quantitative data from Law Enforcement (violation notices, warnings). Cumulative effects are very important. Need to keep track of when doing project level analysis. 9

10 Alternative Development There are two possible no action alternatives for a forest: No Action Existing Forest Plan standards and guidelines, existing travel management plans, and existing Forest orders are in compliance with the Travel Management Rule. A Motor Vehicle Use Map can be published. or No Action Current Land Management Plans, travel management decisions and forest orders remain in effect until future designation decisions are completed. Proposed Actions by Forest see the decision framework for each Forest on a table in this document. See pages Things to Think About The following list contains some of the items to consider as a Forest begins to determine what is necessary to bring about Rule implementation. Motor Vehicle Use Map - Consistency check with Visitor Use Maps When rescinding travel orders, check to ensure snowmobile orders and other uses are covered. Re-examine project level decision to ensure compliance with the rule Signage is not required for unauthorized motorized use. For significance under NFMA will need to consult with experts for social component. Environmental Justice needs to be looked at. MVUM will need to show vehicle classes Need to review Forest Plan Standards and Guides to double check for other resource-related motorized travel closures or restrictions. Recognize positive impacts increase physical fitness Wildlife/TES - What do we need to do? The following is based on discussion with Nancy Warren, R2 T/E/S Program Leader. a. No consultation needed for Forests in which their Forest Plan S&Gs are consistent with the Rule. b. Check previous FWS consultations for Forest Plans to see if they addressed motor vehicle access. c. Are there any new species listings that need to be considered? Is there new information on currently listed species? d. If effects are the same or less by implementing the Rule then we don t need to consult with FWS. e. We could batch consultation for more than one forest if the changes are similar. f. If the forests differ on the changes that need to be made, consult on each forest separately. g. May also look at winter use with regard to Lynx over snow vehicles. 10

11 Sample Scoping Letter The following is a sample scoping letter. If travel analysis is done prior to beginning NEPA and scoping, the proposed action should be focused and specific. Dear Interested Party: The 2005 Travel Management Rule (the Rule) published in November 2005, clarified policy related to motor vehicle use including the use of off highway vehicles through revision of travel management regulations. The clear identification of roads, trails and areas for motor vehicle use on each National Forest and Grassland will enhance management of National Forest System lands; sustain natural resource values through more effective management of motor vehicle use; enhance opportunities for motorized recreation experiences on National Forest System lands; and preserve areas of opportunity on each National Forests and Grasslands for non-motorized travel and experiences. The first step in implementing the rule involves bringing Forest Plans, travel management plans, and Forest Orders into compliance with provisions of the Rule. To accomplish this, we are proposing to (check one or more of the following that applies to your situation): o Amend the Forest Plan. o Update or revise Travel Management Plan through o Supplemental information report o EA o Provide dispersed camping within the scope of the Rule through o Forest Plan Amendment o Travel Management plan or revision o Provide big game retrieval within the scope of the Rule through o Forest Plan Amendment o Travel Management plan or revision o All of the above If the Forest amends the Forest Plan they will need to discuss public scoping, decision to be made, etc. for a regular EA process. If the Forest is updating or revising travel management plans, they will need to add additional information here. 11

12 NFMA, NEPA, and Administrative Corrections Each Forest may elect to administratively correct their Forest Plan to bring it into alignment with the Rule. These corrections are optional. The CFR regulations further describe these corrections. Significance determinations for both NFMA and NEPA are also provided below. Administrative Corrections to the Forest Plan - 36 CFR 219.7(b) Developing, amending, or revising a plan b) Administrative corrections. Administrative corrections may be made at any time and are not plan amendments or revisions. Administrative corrections include the following: (1) Corrections and updates of data and maps; (2) Corrections of typographical errors or other non-substantive changes; (3) Changes in the monitoring program and monitoring information ( 219.6(b)); (4) Changes in timber management projections; and (5) Other changes in the Plan Document or Set of Documents, except for substantive changes in the plan components. For NFMA Significance determinations: timing of proposed change with current plan, location and size of are involved in the change, goals, objectives and outputs are changed in relation to FP, management prescription For NEPA Significance determinations: Specialist input Social and economic impacts alone can never rise to significance in a NEPA sense. Once you ve initiated NEPA, the social and economic impacts need to be discussed but they shouldn t be used in determining significance. This means that proposals that limit environmental impacts at the cost of social impacts will not normally require an EIS. Fashion the significance determination to address These are not significant because Advice is to design the project, proposed actions, design criteria to mitigate negatives, address economic and social impacts, benefits, etc. 12

13 General Decision Framework The following framework was identified to determine how current decisions and documentation could be brought into compliance with the Rule: The responsible official will decide: 1. Whether or not the Forest Plan is in conflict with the Rule and needs to be amended to comply with the Rule: a. Administrative Non-substantive change in wording (i.e. off-road to off highway vehicle) that does not involve a change on the ground. This type of change does not require NEPA but does involve public notification. These types of changes are often optional. b. Amendment substantive changes requiring an EA o Non-significant for purposes of NFMA o Significant for purposes of NFMA (significance determinations timing, location and size, objectives and outputs, management prescription) Note: One question to ask is whether the language in the Forest Plan represented a decision that now requires an amendment or not. 2. Whether or not the Travel Management Plan is in conflict with the Rule and needs to be amended to comply with the Rule: a. Supplemental Information Report (SIR) to document new information that does not have a bearing on the analysis or decision. b. Revise the Travel Management Plan with an EA/EIS to document new information that results in changes or additions to the understanding of impacts, or changes the decision. Results in a new Decision Notice/FONSI or ROD. 3. Whether or not the forest orders associated with travel management are in conflict with the Rule or are no longer needed. a. Terminate orders that are consistent with the Rule when the MVUM is published. b. Terminate orders in conflict with regulations under 36 CFR 261. c. Submit a revised order following the R2 forest order process tiered to a NEPA decision if elements of the order need to be carried forward (e.g., over-snow vehicles). 4. Whether or not the Forest Visitor Use map is in conflict with 2005 Travel Management Rule and needs to be updated. (NEPA is not required to update a Visitor Use map. The forest visitor use map holds no legal authority and is not used for law enforcement purposes.) 5. Whether or not to provide for motorized travel off designated roads/trails for a specified distance for the purpose of dispersed camping within the scope of the

14 Travel Management Rule (36 CFR (b)). A NEPA analysis/decision is often needed. 6. Whether or not to provide for motorized travel off designated roads/trails for a specified distance for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR (b)). A NEPA analysis/decision is often needed. NOTE: Each National Forest/Grassland needs to go back to review all of the documents associated with travel management and make any necessary changes. 14

15 Specific Forest Recommendations Each National Forest and/or Grassland provided a reply to the Regional Oversight Implementation Team regarding the state of their transportation planning management at the forest level. Some districts within the forest or grassland may differ from the forest condition. A NEPA Team convened the week of July 17, 2005 and reviewed each forest s list of Forest Plan standards and guidelines, visitor map wording and forest orders currently in place pertaining to travel management. The Forest Plan standards and guidelines provide the base information for travel management planning. We discovered that in some cases off-route travel is prohibited, in others, off-route travel is allowed or implied. The recommendations made in this paper are only that; the NEPA Team did not have access to all forest orders or other information pertaining to travel management on each National Forest and/or Grassland. The task was to evaluate what it would take to expedite the designation process realizing that future refinement may need to take place through a multi-staged process for each forest or unit. NEPA Team Assumptions The following assumptions were identified by the NEPA Team to bring Forest Plans, Travel Management Plans, forest orders and maps into compliance with the Rule: Any current decision that allows off-route motor vehicle travel other than for dispersed camping and/or big game retrieval (and not covered by one of the exemptions) will be amended or revised. The Rule and subsequent guidance allows limited use of motor vehicles within a specified distance solely for the purposes of dispersed camping or big game retrieval. There is no discretion to allow off-route motor vehicle travel for any other purposes unless authorized under permit or in a designated area. Forests that have made decisions allowing motor vehicle travel off-route for purposes other than dispersed camping and/or big game retrieval will need to amend those decisions before publishing their Motor Vehicle Use Map. Administrative changes to a Forest Plan standard or guideline that require clarification (changing the wording of a phrase) do not require NEPA, but do require the publication of a public notice for at least 30 days (36 CFR 219.7(b)). Elements of a forest order that reflect an existing designation (e.g., dispersed camping within 300 feet of a road) that are consistent with the Rule would become moot when the MVUM is published. Elements of current direction contained in a forest order that are consistent with the Rule can be brought forward without additional NEPA analysis. Proposed modifications (e.g., changing the specified distance for dispersed camping) to current direction would need to be carried forward into NEPA analysis. 15

16 Orders that duplicate or conflict with the prohibition should be withdrawn or modified when the MVUM is published. Forests should NOT retain the order or issue a new one rather, the designation should be reflected on the MVUM. If an order is to be rescinded, a Termination of Order (FSH ) document is prepared. See correspondence dated 5/4/05, Subject: Regional and Forest Orders under 36 CFR, Part 261 Subpart B; File Code A copy is included as an enclosure to this document. National Forest System roads and trails that are currently numbered and identified in a transportation atlas could be identified as designated routes for purposes of expediting compliance with the Rule. Changing the designation of roads, trails and areas, or making recommendations for particular classes of vehicles (e.g., singletrack, unlicensed, street legal licensed, >50 wide, <50 wide) would need to be made in subsequent analysis on each Forest or unit. Many Forests have identified a distance of 100 to 300 feet for motor vehicle access off road/travelway. The Rule did not specify a distance; rather the Rule allows for the designation for the limited use of motor vehicles within a specified distance of certain designated routes solely for the purposes of dispersed camping or retrieval of a downed big game animal. Each Forest may decide on a different specified travel distance through subsequent NEPA analysis (as applicable) than what is contained in existing plans, maps, or orders. 16

17 Forest Review Findings It was found that on a typical R2 Forest, the Land and Resource Management Plan (LRMP) either: Restricted motor vehicle use to designated routes, unless otherwise provided through project-level decisions or Motor vehicle use was to be allowed, restricted, or prohibited through projectdecisions. Implementation of the travel management rule does not conflict with either of these provisions. An amendment to the LRMP is necessary if you can t implement the Rule without amending the Plan. On only two Forests was it found that an amendment to the LRMP is essential: The Nebraska s LRMP specifically provides that the forest is generally open to crosscountry motor vehicle use The White River s LRMP restricts motor vehicle use to within 300 feet of designated roads for a variety of purposes. Many R2 Forests have existing orders which restrict motor vehicle use but include an exception for any use within 300 feet of a designated road. Changing this exception to limit use within the corridor to only dispersed camping and/or big game retrieval would require appropriate environmental analysis but not (except for the White River where this provision is within the LRMP) an amendment to the LRMP. Other R2 Forests do not currently restrict motor vehicle use to designated routes. They will need to do appropriate environmental analysis to implement such a restriction, but again, a LRMP amendment is not necessary unless the open designation is specifically provided in the LRMP (as in the case of Nebraska noted above). It was found that only two Forests can implement the Rule without doing any further environmental analysis: The Bighorn which allows motorized travel for dispersed camping only within a 300 foot corridor The PSI which allows no travel off of designated route. The following pages outline the NEPA Team s review for each National Forest/Grassland. For each National Forest/Grassland there are two tables: The first table displays the information contained in the Forest Plan, Forest Orders, Forest Visitor Map, and Travel Management Plan(s) the NEPA Team relied on for the decision framework. The second table displays the results of the NEPA Team s review and suggestions documented in the format of the decision framework. The first column reiterates the decision questions from the framework. The second column has an answer, es or No or unknown, in response to the questions in column one. The third column describes the results of the teams review, and the fourth column identifies whether NEPA analysis is needed. 17

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19 ARAPAHO-ROOSEVELT NF & PAWNEE GRASSLANDS Designated travelways displayed on the forest visitor map, and newly constructed travelways, are open to motorized-vehicle use unless a documented decision shows that: a. motorized use conflicts with Forest Plan objectives b. motorized travel is incompatible with the Recreation Opportunity Spectrum Class c. travelways are located in areas closed to motorized use and are not designated routes d. motorized use creates user conflicts that result in unsafe conditions unrelated to weather conditions e. physical characteristics of travelways are hazardous for motorized use f. travelways do not serve an existing or identified future public need g. financing is not available for maintenance necessary to protect resources On all lands outside of designated travelways, motorized use with wheeled vehicles is restricted unless the forest visitor map or a Forest Order indicates that use is specifically allowed. Snow machine use is allowed unless specifically restricted. Forest Plan standard Several road corridors are closed to camping except in developed campgrounds. Several road corridors are closed to camping except in designated sites. Camping except in designated campgrounds and designated dispersed campsites. 36 CFR (e) Motor vehicle travel is permitted only on Forest Roads that are marked by posts showing the road number, and not otherwise posted closed. Travel by motor vehicle cross country, or on roads or trails posted closed to motorized travel is prohibited; except for over-the-snow vehicles operating on snow where they have not been specifically prohibited. (Travel is permitted by direct access up to 300 feet from authorized travel routes to suitable parking sites for camping or picnicking where such travel will not cause damage to the resource). Forest Order (# ) prohibits "Using or possessing a motorized vehicle off numbered Forest Development roads or designated travel routes" (36 CFR ). Direct motorized vehicle access is authorized to suitable parking sites within 300 feet of an open road for recreation activities such as camping, picnicking, birdwatching, photography, or hunting. UFC ( ) Associated CE with this Forest Order ( ) Section IV. Road and Trail Closures No NEPA at that time Order ; Section I. Vehicles; No NEPA Forest Map wording; no associated NEPA 19

20 DECISION FRAMEWORK ARAPAHO-ROOSEVELT NF & PAWNEE GRASSLANDS Whether to amend or N The provided language in the Forest Plan appears to administratively change the be in the nature of a description of a desired Forest Plan condition and appears to be broad enough that it is not inconsistent with the Rule. NEPA not needed Whether to withdraw or modify forest orders associated with parking sites for camping and picnicking, etc. The Forest may want to change the Forest Plan standard to clarify whether the intent was to allow motor vehicle travel on ALL newly constructed travelways or if the intent was to allow travel only on roads/trails designated for public use. Suggested change that could be made to Forest Plan Std: Designated travelways displayed on the MVUM, and newly constructed designated travelways... Forest orders that duplicate or conflict with the prohibition should be withdrawn or modified when the MVUM is published. Withdraw order # The Order allows motorized vehicles to travel off designated roads/trails for more than dispersed camping and big game retrieval. Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Forest map modify to be consistent with the Rule. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR (b)). Wording needs to be changed so that off-route motor vehicle travel is limited to dispersed camping. Motor vehicle travel within 300 feet of a designated road for a variety of activities is included in the Forest Order and on the Forest Visitor Map. NEPA needed Prepare a NEPA analysis to restrict motor vehicle use within the corridor to only dispersed camping. Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR (b)). N It is assumed the Forest does not want this allowance. 20

21 BIG HORN NF On all lands outside designated travelways, prohibit motorized travel unless the Forest Visitor map or a Forest Order indicates that such use is specifically allowed. Allow over-snow vehicle use on snow unless specifically restricted. Forest Plan Standard Where not otherwise prohibited through closures or other designations (e.g., Cloud Peak Wilderness, etc.), travel by motorized vehicles for dispersed camping and firewood gathering is allowed up to 300 feet off of open National Forest System (posted and numbered) routes, where developed parking sites are not provided, and where not otherwise prohibited. Such travel must not cause resource damage. Forest Order When developed parking is not provided in areas closed to off-road motor use, direct access to a suitable parking site is authorized within 300 feet of an open road. Such travel is not allowed if otherwise prohibited or if it would damage the land or streams. Please select your route carefully, and do not cut live trees. Forest Map wording 21

22 DECISION FRAMEWORK BIG HORN NF Whether to administratively change the Forest Plan Whether to withdraw or modify forest orders. N Forest Plan standard is okay. The Forest may want to change the Forest Plan standard from Forest Visitor Map to Motor Vehicle Use Map. N Forest orders that duplicate or conflict with the prohibition should be withdrawn or modified when the MVUM is published. NEPA not needed Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR (b)). N Forest Order # is consistent with the Rule. It will become moot when the MVUM is published. Forest map modify to be consistent with the Rule. Wording on the map needs to be changed so that offroute motor vehicle travel is limited to dispersed camping and other authorized/permitted uses within 300 feet of a designated road. Motor vehicle travel within 300 feet of a designated road for dispersed camping and fuelwood collection was included in order # The elements of the order can be brought forward on the MVUM without additional NEPA analysis. Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR (b)). N It is assumed the Forest does not want this allowance. 22

23 BLACK HILLS NF AND GRASSLANDS With regard to management of motorized travel, management areas are designated as allowed, restricted, or prohibited for road, off-road and snow travel. The need for modifying motorized travel opportunities within management areas may be identified during project planning and will be accomplished through project decisions. Existing travel orders will continue in effect as part of the Revised Forest Plan unless changed by management area direction. Motorized off-highway vehicle travel opportunities and restrictions, both those listed in the table below and any modified through project decisions, will be displayed on the Forest Visitor Map or contained in a Forest Travel Order. Implementation of Forest Travel Orders on the ground shall be in compliance with the Black Hills National Forest Access Management Guide. Forest Plan Standard #9102 Management of motorized travel is summarized in the following table. Table shows the following mgmt areas have motorized off-road travel allowed: 5.1, 5.1A, 5.3A, 5.6. Forest Plan Guideline #9103 In addition, the following mgmt areas have motorized off-road travel restricted (see below): 3.31, 5.4 Off-road motorized travel is allowed unless restricted by a project decision. Off-road motorized travel is allowed on trails only. Off-road motorized travel is prohibited from December 15 through May 15. Vehicular traffic, except for snowmobiles, will be restricted to roads and trails in riparian areas. Allowable motor vehicle use is described in the AREA TABLE. Individual travel routes with specific restrictions are highlighted on the map with an orange line and the regulations are described in the ROAD AND TRAIL TABLE. Forest Plan Guideline: ; 5.1A-9101; 5.3A-9101; Forest Plan Guideline for Mgmt area Forest Plan Standard for Mgmt Area 5.4 Forest Plan Guideline #9108 Forest Map wording 23

24 DECISION FRAMEWORK BLACK HILLS NF Whether to amend the Forest Plan Whether to do a NEPA analysis/decision to address x-country travel. Whether to withdraw or modify forest orders. N Guideline (MA 5.1) Offroad motorized travel is allowed unless restricted by a project decision. Guideline 9101 (MA 5.4) Offroad motorized travel is prohibited from December 15 through May 15. Guideline 9102 (MA 3.31) Offroad motorized travel is allowed on trails only. Guideline 9108 Vehicular traffic, except for snowmobiles, will be restricted to roads and trails in riparian areas. If the Forest does a project decision for MA 5.1 to restrict off-road travel, this guideline can remain. This guideline gives the impression off-road travel is allowed from May 16 December 14. If the Forest does a project decision for MA 5.4 to restrict off-road travel for the remainder of the year, this guideline can remain. Consistent with the Rule. Consistent with the Rule. The Forest could change the wording to designated roads and trails in riparian areas. Forest needs to address cross-country motor vehicle travel for specific areas and restrict travel to designated roads, trails, and areas. N Forest orders that duplicate or conflict with the prohibition should be withdrawn or modified when the MVUM is published. NEPA needed for project decision NEPA needed for project decision Admin change no NEPA needed NEPA needed Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR (b)). Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR (b)). The Forest response was that they did not have any orders specific to Travel Management. Wording on the map needs to be consistent with the Rule so that off-route motor vehicle travel is limited to dispersed camping, big game retrieval and other authorized/permitted uses within a specified distance of a designated road. The forest needs to identify specific proposed changes to its current travel management direction and address them through NEPA. The big change for the Forest will be to restrict motor vehicles to the designated system. As a component of this, they ll also likely consider adding certain user-created routes to the system and making some provision for dispersed camping and/or big game retrieval. NEPA needed See above. NEPA needed 24

25 GRAND MESA, UNCOMPAHGRE AND GUNNISON NF GMUG Classify areas as to whether off-road vehicle use is permitted. a. Specify off-road vehicle restrictions based on OHV use management. GMUG Grand Mesa GMUG Grand Mesa GMUG Uncompahgre GMUG Uncompahgre GMUG- Gunnison GMUG Gunnison Off route travel to a suitable parking area within 300 feet of a roadway is allowed. This travel must not result in resource damage. 1) Prohibited to possess or operate any type of motorized vehicle off of designated routes or using motorized vehicles on the NFS roads and/or trails unless shown as open to such use. Exception: In areas where developed parking sites are not provided and where not otherwise prohibited, direct access to a parking site within 300 feet of the travel route is authorized. 2) Prohibited to possess, ride or operate any type of mechanized vehicle or saddle or pack animal on NFS trails that have been closed to that use. 3) Using any off highway vehicle on trails designated open to ATVs that does not meet the definition as identified in FSH In areas where developed parking sites are not provided for camping, trailheads, or fuelwood gathering, people can drive to a suitable parking site within 300 feet of a designated route; unless this is expressly prohibited and signed. Off road travel must not damage the land vegetation or streams and not live trees may be cut. 1) Prohibited to possess or operate any motorized, or any mechanized vehicle off a NFS road, unless it is on a route designated for such travel Exceptions: In areas where developed parking sites are not provided and where not otherwise prohibited, direct access to a suitable parking site within 300 feet of a roadway is authorized. Travel under this exception must not damage the land or streams. 2) Prohibited to operate any unlicensed motor vehicle, such as but not limited to, all terrain vehicles (ATV) and trail motorcycles, on any NFS road 3) Prohibited to possess or operate any motor vehicle on a NFS road that has been closed to motorized vehicles. Travel off established routes using a mountain bike, motorcycle, ATV, full size vehicle, or any other wheeled vehicle that facilitates human travel is prohibited. Exception: In areas where developed parking sites are not provided, and where not otherwise prohibited, direct access to a suitable parking site within 300 feet of a roadway or trail is authorized. Travel under this exception must not damage the land or streams. Travel 300 feet off of established or designated routes for camping, picnicking and firewood gathering is allowed, on the National Forest system land and BLM system land North and East of Lake City, provided that use does not result in resource damage. Off-route travel by wheeled vehicles is not allowed for hunting and game retrieval purposes at any time of the day. However, non-motorized game carts are allowed off routes in non-wilderness areas. Travel off routes in the Alpine Loop Back Country Byway area is prohibited. Forest Plan Standard and Guideline Grand Mesa Travel Plan Order Grand Mesa Uncompahgre Travel Plan Order Order Gunnison Forest Map wording 25

26 DECISION FRAMEWORK GRAND MESA, UNCOMPAHGRE AND GUNNISON NF Whether to administratively N The Forest Plan standard is okay. The wording change the Forest Plan could be changed from off-road vehicle use to offhighway vehicle use. Suggested change to Forest Plan Std: Classify areas as to whether off-highway vehicle use is permitted off designated roads, trails and areas. NEPA not needed Whether to withdraw or modify forest orders. Forest orders that duplicate or conflict with the prohibition should be withdrawn or modified when the MVUM is published. Note: the existing orders go far beyond the Rule by restricting use by bicycles and other wheeled vehicles. Those portions of the orders will need to be retained. Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Forest map modify to be consistent with the Rule. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR (b)). Wording needs to be changed so that off-route motor vehicle travel is limited to dispersed camping or authorized permitted uses within 300 feet of designated roads. Motor vehicle travel within 300 feet of a designated road for dispersed camping, parking, fuelwood gathering, and picnicking was included in the Grand Mesa and Uncompahgre Travel Plans, in Travel Orders, and on the Forest Visitor Map. NEPA needed Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR (b)). Travel Plans would need to be prepared/amended to allow ONL for motor vehicle travel 300 feet to dispersed campsites or authorized permitted uses off designated roads and trails. N The Forest Visitor map states Off-route travel by wheeled vehicles is not allowed for hunting and game retrieval purposes at any time of the day. It is assumed the Forest does not want this allowance. 26

27 MEDICINE BOW NF Prohibit motorized use with wheeled vehicles on lands more than 300 feet from designated travelways except for authorized emergency services and administrative uses and unless geographic area direction identifies specific motorized access. Individuals possessing a valid permit for hunters with qualifying disabilities as issued by the Wyoming Game and Fish Department will be allowed to use an ORV to retrieve downed big game providing resource damage does not occur. The following acts are prohibited on the Pole Mountain portion of the Laramie District, Medicine Bow National Forest: Operating motorized vehicles off designated Forest Development Roads on the Pole Mountain Area except to travel to a suitable parking site within 100 feet of any roadway where developed parking is not provided, and when resource damage will not occur. The following acts are prohibited: Forest Plan Standard and says [Medicine Bow NF Travel Mgt Plan] Travel Order for Pole Mountain 1. Possessing or using a motorized wheeled vehicle off forest development roads. The following persons are exempt from this order: 3. Any person operating a wheeled motor vehicle up to 300 feet off of a designated Forest Development Road for the purpose of accessing of camping, picnicking, parking, gathering fuel wood, or retrieving downed big game provided the most direct route is taken to and from the area and no resource damage occurs. Camping and picnicking are permitted in developed sites and in dispersed areas. Travel is permitted to dispersed campsites and picnic sites within 100 feet of designated routes, provided that travel is by the most direct route and does not damage the land and streams. The following acts are permitted: 1. To travel by the most direct access to a suitable parking site within 100 feet of the roadway where developed parking sites are not provided, and where parking is not marked as prohibited. In addition, within certain A and B areas, motorized travel is allowed only on roads designated as open or signed with a white arrow and up to 300 feet on each side of the road s centerline for camping, parking, picnicking, game retrieval, and firewood collecting, provided no resource damage is done. Travel Order # Travel Map wording for Pole Mountain. Medicine Bow 1998 Visitor Map 27

28 DECISION FRAMEWORK MEDICINE BOW NF Whether to amend the Forest Plan N The standard does not contradict the Rule but it implies that everything is open to motor vehicle travel within 300 feet from designated travelway for ALL uses except when closed. In that regard it does not need to be changed but the Forest could do so as part of the NEPA analysis/decision discussed below. Whether to withdraw or modify forest orders. The Rule requires a specified distance for motor vehicle travel for big game retrieval and the standard implies disabled hunters can travel any distance for retrieval of big game. Again, the standard does not contradict the Rule but implies travel that could be contradictory to the Rule. Travel Order gives a limit of 300 feet and appears to be for all hunters, not only disabled. Forest orders that duplicate or conflict with the prohibition should be withdrawn or modified when the MVUM is published. Withdraw order # The order allows motorized vehicles to travel off designated roads/trails 100 feet for ALL uses. Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR (b)). Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR (b)). N Withdraw order # The order allows motorized vehicles to travel off designated roads/trails 300 feet for ALL uses. Forest map modify to be consistent with the Rule. Wording needs to be changed so that off-route motor vehicle travel is limited to dispersed camping, big game retrieval or authorized permitted uses within 100 feet (Pole Mtn map) or 300 feet (Forest Visitor map) of designated roads. Motor vehicle travel within 300 feet of a designated road for all uses including dispersed camping was included in the special order. A NEPA analysis/decision is needed to restrict motor vehicle use within the corridors to only dispersed camping. Travel Order # and the Forest Visitor Map allowed for motor vehicle travel for big game retrieval within 300 feet of a designated road. NEPA would only be necessary to the extent the forest proposes to change the current provision. NEPA needed 28

29 NEBRASKA NF Nebraska Do not restrict motorized vehicle use on existing roads and trails until a decision is made designating non-motorized areas and travelways, unless specifically prohibited in management area direction or existing orders. Forest Plan Guideline Unless you are driving a high clearance, four-wheel drive vehicle, you should limit your travel to the maintained gravel and blacktop roads. Nebraska NF Nebraska and Samuel R. McKelvie NFs Bessey Ranger District Unlike most backcountry areas, the unimproved trail roads are better suited for travel after recent moisture than when they have been dry for extended periods. Be careful to avoid loose, dry sand if possible. Forest Map wording Off Highway Vehicles (OHV), commonly known as ATV s, are not allowed at any time in an area of approximately 200 acres surrounding Scott Fire Lookout Tower. Nebraska NF Oglala National Grassland Pine Ridge Ranger District ou are welcome to use the national forest and grassland at any time, unless there is an area closure to protect resources or public safety. The state lands are similarly available for public use. Forest map wording Nebraska NF Buffalo Gap National Grassland Do not restrict motorized vehicle use on existing roads and trails until a decision is made designating non-motorized areas and travelways, unless specifically prohibited in management area direction or existing orders. Forest Plan Guideline 29

30 DECISION FRAMEWORK NEBRASKA NF Whether to amend the Forest Plan The language in the Forest Plan is directly contradictory to the Rule. NEPA needed Whether to withdraw or modify forest orders. Recommended change in wording of the guidelines: Restrict motor vehicle use to designated roads, trails and areas.? Forest orders that duplicate or conflict with the prohibition should be withdrawn or modified when the MVUM is published. Whether to revise Forest Visitor maps to eliminate conflicts with 2005 Travel Management Rule. Whether to provide for dispersed camping within scope of the 2005 Travel Management Rule (36 CFR (b)). No special orders were provided. Forest map modify to be consistent with the Rule. Wording on the maps implies that the Forest and Grasslands are open to off-route travel. Needs to be changed so that off-route motor vehicle travel is limited to dispersed camping and other authorized/permitted uses within a specified distance of a designated road. Existing information is silent on the need for motorized travel for dispersed campsite access. Motor vehicle travel within a specified distance of a designated road for purposes of accessing a dispersed campsite would need to be included in a NEPA analysis/decision. NEPA needed Whether to allow for big game retrieval within the scope of the 2005 Travel Management Rule (36 CFR (b)). Existing information is silent on the need for motorized travel for big game retrieval. Motor vehicle travel within a specified distance of a designated road for purposes of big game retrieval would need to be included in would need to be included in a NEPA analysis/decision. NEPA needed 30

31 PIKE AND SAN ISABEL NFS AND CIMARRON AND COMANCHE NGS PSICC - All PSICC - All Classify areas as to whether off-road vehicle use is permitted. Emphasis is on semiprimitive motorized recreation opportunities. Management emphasis is for semiprimitive motorized recreation opportunities such as snowmobiling, four-wheel driving, and motorcycling both on and off roads and trails. Motorized travel may be restricted or seasonally prohibited to designated routes to protect physical and biological resources. Specific land areas or travel routes may be closed seasonally or year-round for compatibility with adjacent area management, to prevent resource damage, for economic reasons, to prevent conflicts of use, and for user safety. a. Specify off-road vehicle restrictions based on ORV use management. Prohibit motorized vehicle use (including snowmobiles) off Forest System roads and trails in alpine shrub and Krummholz ecosystems. Prohibit motorized vehicle use (except snowmobiles operating on snow) in other alpine, and other ecosystems, where needed to protect soils, vegetation, or special wildlife habitat. Forest Plan standards and guidelines in Section III, Management Direction Forest Plan standards and guidelines in Section III, Management Direction, Prescription 2A PSICC - All PSICC Pike and San Isabel Emphasis is on rural and roaded-natural recreation opportunities. Management emphasis is for rural and roaded-natural recreation opportunities. Motorized travel may be prohibited or restricted to designated routes, to protect physical and biological resources. Provide roaded natural or rural recreation opportunities along Forest arterial, collector, and local roads which are open to public motorized travel. Prohibit motorized vehicle use (including snowmobiles) off Forest System roads and trails in alpine shrub and Krummholz ecosystems. Prohibit motorized vehicle use (except snowmobiles operating on snow) in other alpine, and other ecosystems, where needed to protect soils, vegetation, or special wildlife habitat. Close roads and trails to motorized travel when the surface would be damaged to the degree that resulting runoff into adjacent water bodies would exceed sediment yield threshold limits. The following prohibitions apply to all areas of the restricted area and are depicted and shown on Exhibits A,B,C,D,E,F,G, and H. Possessing or using a motor vehicle off of National Forest system roads except snowmobiles operating on at least six inches of snow. Using any type of vehicle on any National Forest system road or trail except those vehicles that are allowed by signing on that road or trail. Forest Plan standards and guidelines in Section III, Management Direction, Prescription 2B Forest Order UFC