[Federal Register: March 3, 2000 (Volume 65, Number 43)]
[Notices]
[Page 11684-11693]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr00-155]
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DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AB67
Forest Transportation System
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed administrative policy; request for comment.
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SUMMARY: In conjunction with a proposed rule published elsewhere in
this part of today's Federal Register, the Forest Service proposes to
revise its administrative direction governing forest transportation
planning and management. This action is necessary to ensure that the
forest transportation system meets current and future land and resource
management objectives and provides for attendant public uses of
National Forest System lands; provides for safe public access and
travel; allows for economical and efficient management; and, to the
extent practicable, minimizes and begins to reverse adverse ecological
impacts. The intended effects of this action are to ensure that
decisions to construct new roads will be made only upon completion of a
science-based road analysis; that emphasis will be given to
decommissioning unnecessary classified and unclassified roads and to
reconstructing and maintaining classified roads rather than
constructing new roads, where supported by analyses; and that the
availability of road maintenance funding will be considered when
assessing new road construction. Public comment is invited and will be
considered in adoption and issuance of the final directives.
DATES: Comments must be received in writing by May 2, 2000.
ADDRESSES: Send written comments to USFS CAET, Attention: Roads, P.O.
Box 221090, Salt Lake City, UT 84122. Send comments electronically to
roads/wo__caet-slc@fs.fed.us. All comments received, including names
and addresses when provided, are placed in the record and are available
for public inspection and copying at Forest Service headquarters, 201
14th Street SW, Washington, DC 20250. Persons wishing to inspect the
comments are encouraged to call 202-205-1400 to facilitate building
entrance.
FOR FURTHER INFORMATION CONTACT: Heidi Valetkevitch, Office of
Communication, 202-205-0914.
SUPPLEMENTARY INFORMATION:
Background
Forest Service roads are constructed and maintained to provide
public and administrative access and to allow for delivery of goods and
services. However, few land impacts are more lasting than those
associated with road construction. Forest Service land managers face
complex transportation-related issues including funding limitations,
environmental and social impacts, substandard roads, and maintaining
unroaded area values.
In the past, Forest Service transportation policy focused on
development of roads into and across National Forest System lands. Over
the years, this emphasis on road development has led to heightened
concern about water quality, recreation opportunities, and restoration
and maintenance of sustainable ecosystems. Today, the Forest Service
considers the National Forest road system, at approximately 380,000
miles of road, to be largely complete. As a result, the previous
emphasis on road development has evolved into the present focus on
managing access within the capability of the land.
Administrative direction to guide forest officers in planning and
managing the transportation system is issued in Forest Service Manual
(FSM) Title 7700--National Forest Transportation System, FSM Chapter
1920--Land and Resource Management Planning, and in associated
handbooks. Numerous changes in these directives are necessary to
address the new emphasis on sustaining access within the capability of
the land.
One of the significant changes is the direction to utilize a
science-based road analysis, at appropriate scales and in coordination
with other ecosystem assessments, to inform decisions about road
construction, reconstruction, maintenance, and decommissioning. The
directives specifically direct forest officers to use an analysis
process such as that described in the report Roads Analysis: Informing
Decisions About Managing the National Forest Transportation System
(USDA Forest Service, 1999, Misc. Rep. FS-643) in order to gain
improved information on which to identify road management opportunities
and to assess priorities among various transportation facilities.
Developed by a team of Forest Service research scientists,
engineers, and resource professionals and field tested on six national
forests across the country, the process is designed to help forest
officers move methodically through a science-based analysis to identify
environmental issues and concerns about road management and also to
identify potential solutions and management opportunities. The proposed
directives would further require that, before decisions about road
construction, reconstruction, and decommissioning are initiated, a
science-based road analysis is used. A science-based road analysis will
provide an additional avenue for public comment and participation about
road management options and will provide land managers with access
alternatives. In addition, decisionmakers will have improved
information on which to plan and design a feasible Forest Service road
system within the constraints of current and anticipated future funding
levels.
Summary of Proposed Changes
To implement a long-term road management strategy and implement the
proposed rule changes (published elsewhere in this part of today's
Federal Register), the Forest Service proposes to revise Forest Service
Manual (FSM) Chapter 1920--Land and Resource Management Planning and
Title 7700--Forest Transportation System. For those who are not
familiar with the Forest Service administrative directive system, a
brief description is at 36 CFR 200.4. Issuances contained in the
directive system and information about the system are also available on
the internet on the directives homepage at http://www.fs.fed.us.
Proposed Amendments to FSM Chapter 1920--Land and Resource
Management Planning. This chapter provides definitions and implementing
policy for the Forest Service land and resource management planning
process. Implementation of the proposed road management strategy will
occur chiefly within the forest plan amendment or revision processes.
Therefore, direction is needed on how forest planning teams are to
integrate consideration of the forest transportation system into the
planning process. Specifically, a new paragraph 20 is proposed to be
added to section 1922.15 of the Forest Service Manual. This new
paragraph would require planners to identify the access requirements
and travel management options available to meet resource management
objectives for each management area prescription and to identify road
management opportunities to be considered.
In addition to addressing how transportation needs should be
integrated into forest planning, the proposed policy would also require
that management prescriptions protect values associated with unroaded
conditions. Proposed paragraph 28 gives examples of those values, such
as serving as barriers to invasive species and providing biological
diversity. This proposed direction would fill an important gap in
current planning
[[Page 11685]]
guidelines. To help implement this paragraph, the proposed revision to
Section 1920.5 defines ``roadless areas'' and ``unroaded areas,'' and
the revision to Section 1922.15 provides direction for protection of
unroaded area values under the current forest planning process. On
October 5, 1999, the agency published proposed new rules for forest
planning (64 FR 54073). Upon adoption of a final planning rule, the
direction on consideration of unroad values would be integrated with
revised agency directives implementing the new planning rule. The
proposed definitions here are essentially the same as those included in
the proposed planning rule at proposed Sec. 219.36.
Proposed Amendments to FSM Title 7700--Chapter Zero Code. This
chapter establishes the overarching authorities, objectives, policy,
responsibilities, and definitions for planning, improving, operating,
and maintaining the forest transportation system. Throughout this
chapter, references to ``development'' would be removed to reflect a
shift in policy from ``road development'' to ``managing access within
the capability of the land.'' A brief description of other revisions
proposed in this chapter follows.
Section 7702. This section is for identifying the broad objectives
of transportation system management--that is the general outcomes the
agency wishes to achieve. The proposed revision would refine the
management objectives to emphasize environmental protection and to
recognize ecosystem values in forest transportation system management.
Section 7703. This section sets out the broad policies that govern
transportation planning, design and administration. The proposed
revision to this section would establish a policy of providing the
minimum forest transportation system that best serves the current and
anticipated land management objectives and public uses considering
current and likely future funding levels. By ``minimum system,'' the
agency does not mean there will not be new roads or other new
transportation facilities. Rather, this terminology reflects the
agency's conclusion that, particularly with respect to roads, there is
little justification for continuing to plan transportation facilities
and systems at the high levels of the past 40 years. The agency
considers the forest road system to be essentially complete because of
previous levels of road construction. Moreover, the agency lacks
sufficient funding to maintain all of the system now. Also, land
managers recognize that the economic benefits normally associated with
roads now rarely balance or outweigh the adverse environmental impacts
associated with road construction or reconstruction. Thus, prudent
management now requires that the Forest Service focus on evaluating the
road system already in place in light of likely future funding,
resource management prescriptions, and environmental effects.
This proposed section would include a new policy requiring a
rigorous environmental analysis to carefully consider proposals for
adding and constructing new roads and to help identify priorities for
decommissioning unneeded roads and reconstructing and maintaining
needed roads.
Section 7705. The proposed changes to this section would add new
definitions and update and revise existing definitions to remove the
emphasis on ``development'' and to clarify intent. Definitions of
``roads,'' ``classified roads,'' and ``unclassified roads,'' as
proposed at 36 CFR 212.1 would be repeated for user convenience. In
addition, the definition of ``public road'' from 23 U.S.C. 101(a) would
be added, as well as a definition of ``decommissioning.'' A cross
reference to FSM 1920.5 for the definition of ``unroaded areas'' also
would be provided.
In the last year, the Forest Service has adopted new common terms
and definitions for maintenance and construction based on standards
developed by the Federal Accounting Standards Advisory Board. These
generic terms are now being applied in inventorying, budgeting, and
accounting for all fixed assets under Forest Service jurisdiction,
including the national forest transportation system. The terms and
definitions used in FSM 7705, though slightly different, are not
inconsistent with the new common financial management terms and their
definitions. The agency is assessing its transportation directives to
determine what changes in the Forest Service Manual and Handbook
terminology are needed. However, this effort exceeds the scope of this
proposed revision to road management directives. Persons interested in
viewing the new maintenance and construction terms may obtain them on
line at www.fs.fed.us/news/roads or by writing or calling the names or
units listed earlier in this notice under ADDRESSES and FOR FURTHER
INTEREST CONTACT.
In addition to the changes in broad policy in FSM 7700--Zero Code,
changes are proposed to Chapter 7710, the name of which would be
revised from ``Transportation Planning'' to ``Transportation Atlas,
Records, and Analysis.''
Section 7710.2. This section articulates the management results to
be achieved through transportation analysis. Proposed paragraphs 1 and
4 are new. Consistent with the shift from development to managing the
road system within the capability of the land, paragraph 1 would call
for forest officers to establish the minimum forest transportation
system that will best provide for management access and public uses as
identified in forest plans. Paragraph 4 would add consultation with
State, local, and tribal governments, as well as public involvement.
Section 7710.3. This section establishes the overall requirements
for transportation system planning, analysis, and decision
documentation. Proposed section 7710.31 sets out the general direction
for transportation analysis, which would apply to transportation
analysis conducted as part of the forest plan amendment and revision
process as well as to proposed site-specific projects. First, the
analysis should be rigorous and focused on the need for access and the
transportation infrastructure required to provide that access. This
section would also include the requirement to use the best available
science in considering effects of transportation facility construction,
reconstruction, maintenance, and decommissioning. This proposed section
would also direct forest officers to integrate road analysis with other
ecosystem assessments and analyses and to incorporate findings of such
analyses into forest plan amendments or revisions or site-specific
projects. This section would also require forest officers to ensure
that any roads to be added to the transportation system, or new road
construction, serve a documented need and are supported by a road
analysis.
Proposed section 7710.32 provides more specific direction to guide
road analysis. Proposed paragraph 1 (Long-term Application) makes clear
that the Forest Supervisor does not have to stop all road management
until a road analysis is done, but, rather, recognizes that road
analyses will be conducted in the course of business as the need
arises. The proposed paragraph cites the report Roads Analysis:
Informing Decisions About Managing the National Forest Transportation
System (USDA Forest Service, 1999, Misc. Rep. FS-643) as a good example
of a science-based road analysis procedure. The Road Analysis Process
was refined as a result of pilot testing on six National Forests (M-)
located across the county--the Boise NF (Idaho), the Black Hills NF
[[Page 11686]]
(South Dakota), the Mark Twain NF (Missouri), the Tongass NF (Alaska),
the Ocala NF (Florida), and the Willamette NF (Oregon). The new
science-based road analysis identifies and addresses a set of possible
issues and applicable analysis questions that, when answered, produce
information for line officer consideration about possible road
construction, reconstruction, and decommissioning needs and
opportunities. The road analysis examines issues at various scales, is
flexible, and is driven by road issues important to the public, to
state, local and tribal governments, and to managers. The directive
does not adopt this report as a compulsory analytical tool, but it does
establish the report as the standard for comparison when requesting
Deputy Chief for National Forest System approval of an alternate
science-based analysis process.
Proposed paragraph 2.a. addresses how the agency should handle road
construction in sensitive roadless and unroaded areas until forest plan
revision is completed. This transitional direction is necessary because
the interim suspension on road construction in roadless areas (64 FR
7289; February 12, 1999), expires in September 2000, and it will be
several years before all forest plan revisions are completed and
sometime before the agency's final roadless rule is adopted. Without
some transitional procedures, the special values associated with
roadless areas could be subject to an incremental, project-by-project
risk of degradation.
The proposed policy would ensure that these roadless areas are
given careful consideration through the forest planning process by
requiring the following:
1. First, proposals for new road construction or reconstruction
in defined roadless and unroaded areas would have to meet a
compelling need. Examples of compelling needs include public safety,
critical resource restoration, and access required by statute,
treaty, or pursuant to reserved or outstanding rights. As indicated
by the examples given, the agency envisions ``compelling need'' to
primarily include restorative actions. However, the Tongass National
Forest may constitute a special situation. Consistent with the April
1999 Record of Decision for the Tongass National Forest Land and
Resource Management Plan, the Regional Forester has authority to
determine that a compelling need exists in seeking to meet market
demand for timber, to the extent consistent with providing for the
multiple use and sustained yield of all renewable forest resources,
pursuant to the Tongass Timber Reform Act (1990) and all other
applicable laws.
2. Second, the proposal would require an Environmental Impact
Statement to authorize road construction or reconstruction in the
defined roadless and unroaded areas.
3. The Regional Forester, rather than the Forest Supervisor,
would be the responsible official, for any road construction
proposal in roadless and unroaded areas.
The proposed policy would find environmental mitigation and
restoration in roadless and unroaded areas to be appropriate but makes
clear that maintenance of unclassified roads in roadless and unroaded
areas would be inappropriate, because such activity would lead to
defacto road development.
The proposed paragraph also describes the roadless and unroaded
areas to which the protections of the transition period would apply.
These are the same areas as identified in the interim rule suspending
road construction in roadless areas which took effect March 1, 1999.
Proposed paragraph 2.b. exempts projects in roaded areas which are
currently underway or listed in the schedule of proposed actions
published pursuant to 36 CFR part 215. This exemption is necessary to
avoid costly disruption of projects underway or planned at the time the
policy is adopted. However, the proposal does not exempt forests that
have recently revised forest plans from the transitional procedures,
because the science-based road analysis process has not been
incorporated into the revision processes on those forests. Also, it
should be noted that it is not unusual for forests to prepare EIS's on
proposed road construction in unroaded areas. Therefore, for many
forests, these transitional requirements do not represent a significant
changes from present practice.
Proposed section 7710.32, paragraph 3, sets out the duration of the
transitional procedures that apply to roadless areas. For forests that
have not yet revised their forest plans, the transitional procedures
would remain in effect until forest plans are revised. For forests that
have revised their forest plans since January 1, 1996, the transitional
procedures could be lifted on roadless areas once the roads analysis
process is applied to units of the forest and the Regional Forester
makes a written determination concluding that there is no need to
revise or amend the forest plan as a result of the analysis or an
amendment or revision adopts the findings into the forest plan.
Section 7711. Consistent with the proposed rule, this section
proposes to rename the transportation ``plan'' as the transportation
``atlas'' and requires that each forest transportation system facility
be identified and described in the transportation atlas. Specific
instructions are given for the road atlas portion of the transportation
atlas.
Section 7712. This section discusses the scope and levels of
transportation analysis and further describes the analysis processes,
including reference to the report, Roads Analysis: Informing Decisions
About Managing the National Forest Transportation System (USDA Forest
Service, 1999, Misc. Rep. FS-643). This section also requires
documentation of road management objectives.
Regulatory Impact
These proposed administrative policy revisions have been reviewed
under USDA procedures and Executive Order (E.O.) 12866 on Regulatory
Planning and Review. The Office of Management and Budget (OMB) has
determined that they, in concert with a proposed rule published
separately in today's Federal Register, are a significant action as
defined by E.O. 12866 because of the importance of the Forest Service
road system and the strong public interest expressed. Accordingly, OMB
has reviewed these proposed directive revisions. A cost-benefit
analysis has been prepared as part of the environmental assessment on
this proposal. A summary of the cost-benefit analysis follows.
The basic approach is to issue new regulations consistent with
emerging road management policy which encourages investing limited road
management funds in a transportation system that best serves the
current and anticipated management objectives and public uses of
National Forest System lands. This new policy emphasizes investing in
the process of decommissioning unneeded roads and reconstructing and
maintaining the most heavily used roads. New road construction must be
supported by rigorous analysis. Agency road management costs are not
expected to change. Although this rule requires that the Agency use a
new science-based roads analysis when making decisions about road
construction, the Agency currently conducts some transportation
analysis in the context of NEPA requirements or other forest planning
assessments. Thus the Agency does not expect a significant increase of
administrative costs due to new administrative requirements under this
proposal. Most of the economic effects have not been quantified. They
have been discussed and evaluated on a qualitative basis. Timber
harvesting is an exception where quantitative data was reasonably
available. A summary of
[[Page 11687]]
the economic effects of the proposed change in the road management
strategy are as follows:
Roaded Areas: The differences between the no action alternative and
the proposed action alternative tend to be minor. No significant
difference in economic benefits or costs is expected for ease of
access, public safety, law enforcement, timber management, and
wilderness or heritage resources. Potential positive economic effects
are expected for fire management, insect and disease management,
noxious weed control, water and air quality, wildlife and fish values,
and passive use values. These positive effects result from road
decommissioning. Different types of recreation use are affected in
different ways--some positive and some negative.
Roadless Areas (inventoried roadless and other unroaded areas): The
differences between the no-action alternative and the proposed action
alternative would be greatest during the transition phase. No
differences are expected for access, public safety, and law
enforcement. The only negative affects expected during the transition
period would be from reduced timber harvest and mineral exploration and
extraction. If all road construction were delayed during the transition
in all of the roadless areas, the maximum potential total reduction in
timber harvest would be 351 million board feet of timber per year. The
maximum cost associated with this reduced timber harvest would be $42
million annually. Also lost, as a result of decreased timber
production, would be approximately 3,700 jobs and $10 million in
payments-to-states each year. This loss in payments-to-states will be
partially offset by Payments in Lieu of Taxes. Positive effects are
expected for fire prevention, insect and disease management, noxious
weeds, watershed and air quality, wildlife and fish, wilderness, and
passive use values. These positive effects result from lack of new road
development. The effects on recreation and heritage resources are
complex and ambiguous and depend upon the type of activity--some are
positive and some are negative. Less access reduces the level of
participation. However, the quality of wilderness type recreation use
is protected and vandalism of heritage sites is lessened.
In summary, the proposed regulations will permit a reallocation of
funds to management activities that are consistent with present
resource management direction. While the agency could not quantify or
monetize many of the impacts of this proposed rule, the agency
thoroughly considered both the potential quantified and qualitatively-
discussed costs and benefits. Pursuant to the requirements of Executive
Order 12866, the agency carefully assessed alternative regulatory
approaches and is proposing this rule only upon making a reasoned
determination that the benefits justify the costs.
The complete cost-benefit analysis is contained in the
Environmental Assessment. See the ``Environmental Impact'' section
which follows for availability. These proposed revisions of
administrative directives have been considered in light of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). These proposed
revisions provide service-wide direction to forest and regional
personnel about planning and managing the Forest transportation system.
No direct or indirect financial or access impact on small businesses
has been identified. Therefore, it is hereby certified that this action
will not have a significant economic impact on a substantial number of
small entities as defined by that Act.
Unfunded Mandates Reform
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), the Department has assessed the effects of these
proposed administrative policy revisions on State, local, and tribal
governments, and on the private sector. These proposed administrative
policy revisions do 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.
Environmental Impact
Section 31.1(b) of Forest Service Handbook 1909.15 (57 FR 43180,
September 18, 1992) excludes from documentation in an environmental
assessment or impact statement ``rules, regulations, or policies to
establish service-wide administrative procedures, program processes, or
instructions.'' The Forest Service's assessment is that these proposed
administrative policy revisions fall within this category of exclusion.
Nevertheless, to further the intent of the National Environmental
Policy Act, the agency has elected to prepare an environmental
analysis. This document may be obtained from the internet at
www.fs.fed.us/news/roads/ea2.htm or by writing to the Director of
Ecosystem Management Coordination, P.O. Box 96090, Washington, DC
20090. Comments on the environmental assessment should be submitted
with any comments on the proposed rule.
No Takings Implications
These proposed administrative policy revisions were reviewed for
their impact on private property rights under Executive Order 12630. It
has been determined that they do not pose a risk of taking of
Constitutionally-protected private property because the proposed
administrative policy revisions honor access to private property
pursuant to statute or to outstanding or reserved rights.
Civil Justice Reform Act
These proposed administrative policy revisions were reviewed under
Executive Order 12988, Civil Justice Reform. They would (1) Preempt all
State and local laws and regulations that are in conflict or which
would impede its full implementation; (2) Do not retroactively affect
existing permits, contracts, or other instruments authorizing the
occupancy and use of the National Forest System lands; and (3) Do not
require administrative proceedings before parties may file suit in
court challenging these provisions.
Controlling Paperwork Burdens on the Public
These proposed administrative policy revisions do not contain any
recordkeeping or reporting requirements or other information collection
requirements as defined in 5 CFR part 1320 and, therefore, impose no
paperwork burden on the public. Accordingly, the review provisions of
the Paperwork Reduction Act of 1995 (44 USC 3501, et seq.) and
implementing regulations at 5 CFR Part 1320 do not apply.
Comments Invited
Public comment is invited. The proposed administrative policy and
procedures would revise existing administrative policy and procedures
in FSM 1920 and FSM 7700. Manual texts containing the proposed
administrative policy revisions are at the end of this notice. The
Forest Service invites written comments and will analyze and consider
those comments in development of the final notice of administrative
policy that will be published in the Federal Register. Additionally,
Forest Supervisors may hold meetings to provide an opportunity for
local comment and clarification of these proposed directives.
[[Page 11688]]
Dated: February 25, 2000.
Mike Dombeck,
Chief.
Proposed Forest Service Manual Revision
(Note: The Forest Service organizes its directive system by
alphanumeric codes and subject headings. Only those sections of the
FSM that are the subject of this notice are set out here. Those who
wish to see the entire documents into which the proposed changes
would be incorporated may do so via the internet at http://
fsweb.wo.fs.fed.us/directives/index.html. Forest Service employees
charged with decisionmaking responsibilities concerning the National
Forest transportation system are the intended audience of these
proposed administrative policy revisions.)
Chapter 1920--Land and Resource Management Planning
1920.5--Definitions. (Note: These proposed definitions are
essentially the same as those included in the proposed forest planning
rule (64 FR 54073) at proposed Sec. 219.36.)
Inventoried Roadless areas. For purposes of forest planning,
undeveloped areas typically exceeding 5,000 acres that met the minimum
criteria for wilderness consideration under the Wilderness Act and that
were inventoried during the Forest Service's Roadless Area Review and
Evaluation (RARE II) process, or subsequent forest planning. Criteria
for inventorying roadless areas in the eastern United States are in
Forest Service Handbook 1909.12, Chapter 7. An area is either a
roadless area or an unroaded area, but not both.
Unroaded areas. Any area without the presence of a classified road
(proposed 36 CFR 212.1). The size of the area must be sufficient and in
a manageable configuration to protect the inherent values associated
with the unroaded condition. Unroaded areas do not overlap with
designated roadless areas.
1922.15--Resource Integration Requirements. Requirements for
integrating individual forest resources, including wilderness and other
special areas, into the forest planning process are in 36 CFR 219.14
through 219.27. Refer to the Forest Service Handbook 1909.12 for
details on how to incorporate resources into the planning process. In
addition, the forest planning process must:
* * * * *
20. Identify the specific access requirements and travel management
options available to meet the objectives for each management
prescription. Describe how access will be provided and how travel will
be managed. Include the Forest Service road system, off-road travel,
and air and water access. Integrate considerations of biological,
physical, social, and economic factors and environmental design
criteria. Link access and travel requirements and opportunities to the
full spectrum of resource objectives for each management area and
alternative.
* * * * *
28. Ensure that management prescriptions protect values associated
with unroaded conditions such as unique or important habitat for
wildlife, fish and plant species, sources of drinking water, cultural
or historic areas, sources of dispersed recreation, barriers to
invasive species, high or unique biological diversity, or research.
FSM 7700--Forest Transportation System Chapter--Zero Code
This title prescribes the authority, objectives, policy,
responsibility, and definitions for planning, reconstruction,
improvement, operation, and maintenance of forest transportation system
facilities.
7701--Authority.
7701.1--Coordination with Forest Planning.
1. Title 36, Code of Federal Regulations, section 219.27 (36 CFR
219.27). These rules require transportation access to be addressed in
the land management planning process.
7701.2--Revegetation.
1. Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1601, Pub. L. 93-378) as amended by the National Forest
Management Act of 1976 (16 U.S.C. 1608, Pub. L. 94-588). Directs that
roads be designed to standards appropriate for intended uses and
prescribes the revegetation of unnecessary roads.
7701.3--Transportation System Management.
1. National Forest Roads and Trails Act of October 13, 1964 as
amended (16 U.S.C. 532-538, Pub. L. 88-657). Authorizes road and trail
systems for the National Forests. Authorizes the granting of easements
across Forest Service administered lands, the construction of maximum
economy roads (FSM 7705) and methods for financing them, and the
imposing of requirements on road users for maintaining and
reconstructing roads, including cooperative deposits for such work.
2. Highway Safety Act of 1966 (23 U.S.C. 402, Pub. L. 89-564).
Directs States and participating Agencies to identify and survey
accident locations; to design, construct, and maintain roads in
accordance with safety standards; to apply sound traffic control
principles and standards; and to promote pedestrian safety.
3. National Trails System Act of October 2, 1968 (16 U.S.C. 1241-
1249, Pub. L. 90-543). Establishes the National Trail System, including
planning, right-of-way acquisition, and construction of trails
designated by Congress or the Secretary of Agriculture.
4. Title 36, Code of Federal Regulations, Part 212 (36 CFR Part
212). These rules establish requirements for the administration of the
forest transportation system, including roads, trails and airfields,
and provisions for acquisition of rights-of-way.
5. Title 36, Code of Federal Regulations, sections 261.12 and
261.54 (36 CFR 261.12 and 261.54). These rules establish prohibitions
on Forest Service roads that are enforceable by the Forest Service.
* * * * *
7702--Objectives. The results to be achieved by developing and
managing the forest transportation system are as follows:
1. To provide sustainable access to National Forest System lands
for administration, protection, and utilization of these lands and
resources.
2. To manage a forest transportation system within the capabilities
of the land.
3. To manage forest transportation system facilities to provide
user safety, convenience, and efficiency of operations while minimizing
adverse environmental impacts and, where appropriate, restoring
ecosystems within the limits of current and likely funding levels.
4. To coordinate access to National Forest System lands with
National, state-wide and local transportation needs.
7703--Policy. Determine and provide the minimum forest
transportation system to best serve the current and anticipated
management objectives and public uses of National Forests lands as
identified in the relevant land and resource management plans (FSM
1920). In providing access, forest officers should minimize investment
and maintenance costs and should not compromise land health or water
quality.
7703.1--Road Management. In managing the Forest Service road
system, assess the access benefits and the costs of road-associated
ecological effects. Give priority to decommissioning unneeded roads and
to reconstructing and maintaining needed roads. Add new roads to the
transportation system only where supported by rigorous analysis (FSM
[[Page 11689]]
7712). Management opportunities for meeting access needs may include
roads managed for safe passenger car use, utilization of forest
resources, roads managed for high-clearance highway vehicles, roads
closed to highway vehicles but available for other uses (such as hiking
and administrative access), or trails managed for a variety of uses
(such as hiking, horseback riding, and snowmobiling).
1. Maintaining and reconstructing needed roads. Emphasize
maintenance and reconstruction of roads needed to meet road management
objectives (FSM 7712.3). Give priority to upgrading the most heavily
used roads to provide safe and efficient travel and to reduce, to the
extent practicable, adverse environmental impacts.
2. Decommissioning unneeded roads. Many unplanned, unauthorized,
unclassified travelways exist within the National Forests and
Grasslands. Also, some roads have been classified as part of the forest
transportation system based on previously anticipated management needs
that may have changed over time. Establish priorities, schedule
decommissioning and terminate motor vehicle use of roads no longer
needed. Reestablish vegetation (FSM 7701.2) and restore ecological
processes interrupted or impacted by the unneeded roads.
Decommissioning includes various levels of treatments to stabilize and
rehabilitate unneeded roads, such as blocking the entrance,
revegetating and water barring; removing fills and culverts,
reestablishing drainage-ways and removing unstable road shoulders; or
full obliteration by recontouring and restoring natural slopes.
3. Adding new roads. Carefully consider proposals to build new
roads or to add roads to the Forest Service road inventory that is
included in the atlas. Add new roads only where long-term funding
obligations have been carefully considered, and, where the resource
management objectives and benefits have been documented, such as for
natural resource management, including utilization, protection, public
health and safety, or private rights. Make road construction and
reconstruction decisions locally, with public involvement and based on
thorough analysis considering the latest scientific information on the
adverse effects of roads on ecosystems.
* * * * *
7705--Definitions. Exhibit 1, Road Terminology Relationships,
illustrates the relationships among various road terms.
* * * * *
Forest Roads. As defined in Title 23, Section 101 of the United
States Code (23 U.S.C. 101), a road wholly or partly within, or
adjacent to, and serving the National Forest System and which is
necessary for the protection, administration, and utilization of the
National Forest System and the use and development of its resources.
Forest Service Road. A forest road under the jurisdiction of the
Forest Service. The term ``Forest Service roads'' is synonymous with
the term ``forest development roads'' as used in 23 U.S.C. 205.
Forest Service Trail. (see FSM 2350.5).
Forest Transportation System. Those facilities, including Forest
Service roads, bridges, culverts, trails, parking lots, log transfer
facilities, road safety and other appurtenances, and airfields, in the
transportation network and under Forest Service jurisdiction.
Forest Transportation System Management. The planning, inventory,
analysis, classification, records, scheduling, construction,
reconstruction, improvement, maintenance, decommissioning, and other
operations to achieve environmentally sound, safe, cost effective, and
integrated access for use, protection, and management of National
Forest System lands.
* * * * *
Road. A motor vehicle travelway over 50 inches wide, unless
classified and managed as a trail. A road may be classified or
unclassified (36 CFR 212.1).
a. Classified Roads. Roads within National Forest System lands
planned or managed for motor vehicle access including state roads,
county roads, private roads, permitted roads, and Forest Service roads
(36 CFR 212.1).
b. Unclassified Roads. Roads not intended to be part of, and not
managed as part of, the forest transportation system, such as temporary
roads, and unplanned roads, off-road vehicle tracks, and abandoned
travelways.
c. Public Roads. Any road or street under the jurisdiction of and
maintained by a public authority and open to public travel (23 U.S.C.
101(a)).
Road Investment Terms. The following terms have specific meanings
as used in the Forest Service:
a. New Road Construction. * * *
b. Road Reconstruction. The investment in construction activity
that results in improvement, restoration, or realignment of a road as
defined below:
(1) Realignment. Investment in construction activity that results
in the new location of an existing road or portions thereof. The
investment may include decommissioning the abandoned sections of
roadway.
(2) Improvement. Investment in construction activity that raises
the traffic service level of a road or improves its safety or operating
efficiency.
(3) Rebuilding. Investment in construction activity required to
restore a road to its approved traffic service level.
c. Road Maintenance. Expenditures in the ongoing minor restoration
and upkeep of a road necessary to retain the road's approved traffic
service level.
Roads Subject to the Highway Safety Act. Forest Service roads that
are open to use by the public for standard passenger cars. This
includes roads with access restricted on a seasonal basis, and roads
closed during extreme weather conditions or for emergencies, but which
are otherwise open for general public use.
Temporary Facilities. Transportation facilities authorized by
contract, permit, lease or emergency operation, not intended to be a
part of the forest transportation system and not necessary for long-
term resource management.
* * * * *
Transportation Facility Decommissioning. Various treatments leading
to stabilization and restoration of transportation facilities that are
no longer needed.
Transportation Facility Jurisdiction. The legal right to control or
regulate use of a transportation facility. Jurisdiction requires
authority, but not necessarily ownership. The authority to construct or
maintain a road may be derived from fee title, an easement, an
agreement, or some other similar method.
* * * * *
7709--Handbooks.
* * * * *
7709.56--Road Preconstruction Handbook. This Handbook establishes
procedures and guides for the location, survey, design, and preparation
of cost estimates for Forest Service roads.
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Chapter 7710--Transportation Atlas, Records, and Analysis
This chapter contains objectives, policies, responsibilities, and
requirements for analyzing transportation needs and issues and
documenting the transportation system. Direction for forest trails is
in FSM 2350 and FSH 2309.18, Trails Management Handbook.
7710.2--Objectives. The objectives of transportation analysis are:
1. To determine the minimum transportation facilities needed to
achieve agency and forest land and resource management goals and
safeguard ecosystem health within the context of current and likely
funding levels.
2. To incorporate the transportation system needs and direction
into the forest land and resource management planning process.
3. To direct the orderly improvement and management of the
transportation system and to ensure the documentation of decisions
affecting the system.
4. To interact with and involve the public, and State, local, and
tribal governments in transportation analysis.
7710.3--Policy.
7710.31--General Transportation Analysis Requirements. Conduct
transportation analysis based on rigorous analysis of the need for
access to National Forest System lands and of the infrastructure
required to provide that access. Use the best available science at
appropriate scales to consider effects of transportation facility
construction, reconstruction, maintenance, and decommissioning on
ecosystems.
Integrate transportation analysis into other ecosystem assessments
and analyses as appropriate. Ensure that environmental analysis
identifies and displays at least one alternative that is based on
current budget levels and realistic projections of future funding.
Incorporate the findings of such analyses into forest plan amendments
or revision or site-specific project planning, as applicable.
Ensure that road reconstruction, improvement, operation, and
maintenance are guided by road management objectives (FSM 7712.3) and
are undertaken within the constraints of current and likely future
funding levels.
7710.32--Road Analysis.
1. Long-term Application. In the course of business, the
responsible official shall incorporate a science-based road analysis
into multi-forest, forest-wide and watershed-scale analyses and
assessments to inform planners and decisionmakers of transportation
system opportunities that support land and resource management
objectives. Unless an alternative process is approved by the Deputy
Chief, National Forest System, units are to use the science-based road
analysis process described in the report, Roads Analysis: Informing
Decisions About Managing the National Forest Transportation System
(USDA Forest Service, 1999, Misc. Rep. FS-643).
a. New road construction. Consistent with the direction at section
7703.1, ensure that the addition of new roads, including new road
construction, serves a documented need and that the decision is
informed by a science-based road analysis.
b. Maintenance, reconstruction, and decommissioning. Use the
science-based analysis process described in paragraph 1 of this section
to evaluate opportunities and priorities for maintenance,
reconstruction, and decommissioning of roads. Conduct the analysis at a
scale and intensity commensurate with the scope of the action. However,
implementation of a routine or emergency maintenance activity does not
require a road analysis before proceeding.
2. Transition. Until a comprehensive road inventory and road
analysis have been conducted and integrated into the applicable Forest
Plan, the following direction shall apply:
a. Road construction/reconstruction in roadless and unroaded areas.
There must be a compelling need to propose construction/
reconstruction of roads in the following roadless and unroaded areas:
(1) Unroaded portions of the RARE II (Roadless Area Review and
Evaluation conducted by the Forest Service in 1979) inventoried
roadless areas within the National Forest System.
(2) Unroaded portions of roadless areas identified in existing land
and resource management plans that lie one-quarter mile or more beyond
any existing classified road, and
(3) 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,
contiguous to congressionally designated wilderness areas or Federally-
administered components of National Wild and Scenic River System
classified as Wild, or contiguous to unroaded areas of 5,000 acres or
more on other Federal lands. These areas of 1,000 acres or more must
have a common boundary of considerable length, at least one-quarter
mile width, and provide important corridors for wildlife movement or
extend a unique ecological value of the established inventoried area.
Compelling needs include, but are not limited to, critical resource
restoration and protection; public safety; and access to carry out a
statute or treaty or pursuant to reserved or outstanding rights.
Road construction in roadless and unroaded areas and generally
reconstruction in those areas will constitute a significant
environmental effect as defined in the Council on Environmental Quality
regulations (40 CFR part 1508) and the Forest Service Environmental
Procedures Handbook (FSH 1909.15, section 05) and will require the
preparation of an environmental impact statement (FSH 1909.15, section
20.6). This National Environmental Policy Act analysis will provide the
basis for a Regional Forester decision.
Environmental mitigation and environmental restoration necessitated
by unclassified roads are appropriate in roadless and unroaded areas
and must follow normal National Environmental Policy Act decisionmaking
processes. However, maintenance of unclassified roads in roadless and
unroaded areas is inappropriate as such activity would lead to defacto
road development.
b. Road construction/reconstruction in roaded areas. A road
analysis should be completed as appropriate for any road construction
or reconstruction project proposal in roaded areas. However, any road
construction or reconstruction underway or listed in the schedule of
proposed actions published pursuant to 36 CFR Part 215 prior to the
effective date of this amendment does not require a road analysis.
3. Duration of Transition Procedures. For those forests that have
not adopted a revised forest plan prior to the effective date of this
amendment, the transitional procedures in FSM 7710.32, paragraph 2,
remain in effect until the roads analysis process has been integrated
into the forest plan revision process.
For those forests that have revised their forest plans after
January 1, 1996, the transitional procedures in section 7710.32,
paragraph 2, remain in effect until the road analysis process is
implemented and either (1) The Regional Forester makes a written
determination that the forest plan does not require amendment or
revision to reflect the findings of the analysis or (2) Until the
Forest Supervisor undertakes and adopts a forest plan amendment or
revision to integrate the results into the forest plan.
[[Page 11692]]
7710.4--Responsibility.
7710.41--Deputy Chief, National Forest System. It is the
responsibility of the Deputy Chief to approve an alternative road
analysis process.
7710.42--Regional Forester. It is the responsibility of the
Regional Forester to:
1. Ensure that science-based road analysis is a component of sub-
basin, multi-Forest and sub-regional scale assessments.
2. Ensure that science-based road analysis is incorporated in
forest plan revisions.
3. Serve as responsible official on any environmental impact
statement on road construction or reconstruction in roadless and
unroaded areas prepared under FSM 7710.32, paragraph 2.
* * * * *
7710.43--Forest Supervisor. It is the responsibility of the Forest
Supervisor to:
1. Accomplish road analysis at the appropriate scales in
conjunction with other assessments, and integrate transportation
management issues and opportunities with land and resource management
planning.
2. Develop and maintain a forest transportation atlas in compliance
with FSM 7711.
3. Ensure that engineering, hydrology, biology, and other
appropriate skills needed in transportation analysis, are available.
4. Ensure that project development and operation are consistent
with the road management objectives documented in the forest
transportation atlas.
5. Identify and prioritize areas (FSM 1922.52) where detailed
transportation analysis is essential for achieving land and resource
management direction and resource project implementation schedules.
6. Recommend to the Regional Forester annual and multi-year
schedules of proposed transportation decommissioning, reconstruction,
and construction projects (FSM 1922.51).
7. Involve Federal, State, local, and tribal transportation
agencies in land and resource management planning to ensure
coordination.
8. Document inventory and transportation analysis results.
7710.44--District Rangers. It is the responsibility of the District
Ranger to approve road management objectives.
* * * * *
7710.5--Definitions.
Unroaded areas. (see FSM 1920.5).
7711--Forest Transportation Atlas & Records. Prepare and keep
current a forest transportation atlas for National Forest System lands
as defined at section 212.1 of Title 36 of the Code of Federal
Regulations (36 CFR 212.1). The atlas consists of the geospatial and
tabular data showing the location of each transportation facility and
additional information as necessary for Forest Service management of
roads, trails, and airfields.
7711.1--Road Atlas. A critical component of the transportation
atlas is the forest road atlas, which includes classified and
unclassified roads on National Forest System lands. The forest road
atlas serves as the official record of the Forest Development Road
system referred to in the National Forest Management Act (16 U.S.C.
1608 (b)). The road atlas includes, at a minimum, the location and
jurisdiction of classified roads not under Forest Service jurisdiction,
the location and road management objectives for Forest Service roads
and bridges, and the location of and management decisions on
unclassified roads. To the extent practicable and appropriate, cite in
the atlas the science-based analyses used to support decisions on roads
recorded in the atlas.
Use INFRA Service-wide, the Forest Service integrated
infrastructure tabular and spatial data management system, for the
storage and analysis of information in the road atlas. The
transportation inventory must be capable of spatial representation or
mapping as appropriate at the various analysis and forest planning
scales. This information also supports other resource analyses, such as
water quality and habitat assessments.
7711.2--Transportation Atlas Maintenance. Maintain a current record
of forest transportation facilities in the atlas as part of the ongoing
real property and condition survey updates (FSM 6446). Add proposed
facilities to the atlas only after a decision to construct the facility
or to convert an unclassified road to a classified facility has been
made by the responsible official in accordance with the National
Environmental Policy Act process, including facilities covered by
categorical exclusions (FSM 1952 and FSM 1922.52, No. 4). Remove
existing facilities from the atlas only after anticipated
decommissioning results have been achieved and verified through
monitoring.
7712--Transportation Analysis and Results. Use a science-based
transportation analysis process, at appropriate scales, that considers
transportation facility needs and concerns. Coordinate the analysis
with other ecosystem assessments and analyses.
7712.02--Objectives. Conduct transportation analysis to achieve the
following:
1. Identification of opportunities,
2. Assessment of needs, funding, and associated ecosystem effects,
including effects on unroaded values,
3. Achievement of management direction, and
4. Documentation of recommendations that can become part of a NEPA
disclosure and line decision.
7712.03--Policy. Forest Service regulations implementing the Forest
and Rangeland Renewable Resources Planning Act, as amended by the
National Forest Management Act, require integration of transportation
planning into an interdisciplinary effort that produces Regional
guides, forest and site-specific project plans. Use the forest
transportation atlas as a record of transportation facility decisions.
1. Assess economic costs and benefits along with physical and
biological factors when identifying project alternatives.
2. Consider the needs of all parties when developing transportation
system opportunities in areas of intermingled ownership.
3. Consider long- and short-term uses, including possible
mechanized, non-mechanized, and off-highway vehicle uses, when
analyzing transportation facilities.
4. Involve the public in transportation analysis.
5. Identify all classified and unclassified facilities in the
forest transportation atlas.
6. Document road management objectives and project priorities.
7712.1--Scope and Levels of Transportation Analysis. Line officers
must choose the appropriate geographic scale for transportation
analysis and the degree of detail that is appropriate and practicable.
Selecting the appropriate scale for assessing road opportunities
depends on the issues being analyzed. Line officers should recognize
that starting with the broader scale analysis is particularly helpful
in identifying interactions between resources and roads that may only
be detected at the broader level, in supporting better informed and
integrated decisions across administrative boundaries, and in avoiding
collection of unnecessary information.
7712.11--Multi-Forest and Ecoregion Scale Transportation Analysis.
Road analysis is an integral part of an ecoregion (or sub-region)
assessment. At this level, consider the following:
1. Broad scale issues, such as habitat connectivity, strongholds
for aquatic and terrestrial species, sources of
[[Page 11693]]
drinking water, cumulative effects, and other unroaded values.
2. Integration of State, county, and local transportation systems,
and multi-year transportation plans with the Forest transportation
system.
3. Potential program direction for new or revised forest highways,
public lands highways, and public roads under Forest Service
jurisdiction.
4. Current and likely funding levels available to support
transportation facility construction, reconstruction, maintenance and
decommissioning.
7712.12--Forest Plan Level Transportation Analysis. Transportation
analysis at the forest plan level tiers to broader scale analyses and
requires close coordination with other ecosystem assessments. Consider:
1. Environmental effects, including socio-economic impacts.
Consider costs and benefits of protection of unroaded values.
2. An overview of the transportation rights-of-way acquisition
needs.
3. State, county and local transportation facility effects on land
and forest resource management plans and resource management programs.
4. Forest Service transportation investments necessary for carrying
out the planned resource program.
7712.13--Watershed and Project Level Transportation Analysis.
Watershed and project level road analyses tier to broader scale
analyses, where available, and include comprehensive inventory and
science-based analyses of all classified and unclassified forest
transportation facilities within the analysis area. Integrate watershed
scale transportation analyses with other watershed scale assessments.
7712.2--Analysis Processes.
7712.21--Transportation Analysis. Perform transportation analysis
at the appropriate scales to identify an environmentally sound, cost
efficient (FSH 1909.17) transportation network. Tier the analysis to
the Forest plan and to available ecosystem assessments. The analysis
must follow a process that considers the latest science-based
information on environmental benefits and effects, particularly
unroaded values, such as described in the report, Roads Analysis:
Informing Decisions About Managing the National Forest Transportation
System (USDA Forest Service, 1999, Misc. Rep. FS-643). The
transportation analysis shall be guided by management direction, have
interdisciplinary participation, and be approved in writing by the
responsible official.
In timber harvest areas, the analysis should be a joint effort of
sale planners, logging engineers, biologists, and transportation
planners, as well as representatives of other disciplines. Ensure that
timber sale planning is coordinated with analysis of transportation
needs (FSM 2431.2).
Document the transportation analysis in conjunction with policies
and procedures of FSM 1950 and FSH 1909.15. Revise the forest
transportation atlas (FSM 7711.2) if the formal decision necessitates
any changes.
7712.22--Network Analysis. Perform a network analysis as part of
transportation analysis to determine alternate route effectiveness for
the management direction.
The network analysis shall establish four important types of
transportation cost data:
1. Environmental effects and possible ecosystem restoration
opportunities.
2. Reconstruction and improvement costs on a road system to a
specified area.
3. Variable user and travel-related costs over a road system for a
resource activity on a unit or output basis.
4. Cost of operating and maintaining the network.
Re-analyze networks and cost estimates as outputs, schedules, and
management area locations change for different management practices.
7712.23--Economic Analysis.
* * * * *
7712.3--Road Management Objectives. Establish road management
objectives for all Forest Service roads consistent with forest plan
direction. Road management objectives include design criteria (FSM
7720) and operation and maintenance criteria (FSM 7730.3). The road
management objectives require line officer approval and are included in
the transportation atlas.
7712.4--Scheduling Projects. Develop 3-to 5-year schedules listing
all proposed projects. Schedule decommissioning, reconstruction and
improvement project activities in coordination with other resource and
support activities in a timely manner.
* * * * *
[FR Doc. 00-5000 Filed 3-2-00; 8:45 am]
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