Administration of the Forest Development Transportation System: Temporary Suspension of Road Construction in Roadless Areas |
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Mike Dombeck
January 28, 1998
[Federal Register: January 28, 1998 (Volume 63, Number 18)]
[Proposed Rules]
[Page 4351-4354]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja98-28]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 212
RIN AB-68-0095
Administration of the Forest Development Transportation System:
Temporary Suspension of Road Construction in Roadless Areas
agency: Forest Service, USDA.
[[Page 4352]]
action: Notice of proposed interim rule; request for comment.
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summary: In an Advanced Notice of Proposed Rulemaking (ANPR) published
elsewhere in today's Federal Register the Forest Service has announced
its intentions to revise its management of the National Forest Road
System. In concert with that ANPR, the Forest Service proposes to
suspend temporarily road construction and reconstruction in most
roadless areas of the National Forest System. The intended effect is to
safeguard the significant ecological values of roadless areas from
potentially adverse effects associated with road construction, while
new and improved analytical tools are developed to evaluate the impact
of locating and constructing roads. The temporary suspension of road
construction and reconstruction would expire upon the application of
the new and improved analysis tools or 18 months, whichever is sooner.
This rulemaking is a component of a larger effort to address a number
of National Forest System transportation issues. Public comment is
invited and will be considered in adoption of an interim rule.
dates: Comments are due by February 27, 1998.
addresses: Send written comments to Director, Ecosystem Management
Coordination Staff, MAIL STOP 1104, Forest Service, USDA, P.O. Box
96090, Washington, D.C. 20090-6090. Comments also may be sent via the
Internet to roads/wo@fs.fed.us.
All comments, including names and addresses when provided, are
placed in the record and are available for public inspection and
copying at the Forest Service National Headquarters Offices, 14th and
Independence Avenue SW, Washington, D.C. Persons wishing to inspect the
comments are encouraged to call ahead (202-205-0895) to facilitate
entrance into the building.
for further information contact: Gerald (Skip) Coghlan, Engineering
Staff, 202-205-1400 or Rhey Solomon, Ecosystem Management Coordination
Staff, 202-205-0939.
supplementary information: This proposed interim rule is being
published in association with an Advance Notice of Proposed Rulemaking
(ANPR) published elsewhere in this separate part in today's Federal
Register. In the ANPR, the Forest Service is giving notice of its
intention to revise the regulations concerning the management of the
National Forest System transportation system to address changes in how
the road system is developed, used, maintained, and funded. As part of
the ANPR, the agency also indicates that the development of improved
scientific and analytical tools for land managers and resource
specialists is an essential element of the comprehensive overhaul of
forest road policy.
As noted in the ANPR, the road system on the National Forest System
is extensive and diverse. It includes an estimated 373,000 miles of
forest system roads. Roads are essential for the active management of
the resources of the National Forests and Grasslands. These roads also
are essential for public use and enjoyment of the National Forest
System.
In addition, the agency estimates that there are more than 60,000
miles of roads created by repeated public use of the National Forests
and Grasslands. Although these roads occur on National Forest System
lands, they are not planned, managed or maintained by the agency or
considered part of the forest road system.
A growing body of scientific information demonstrates that road
construction in sensitive areas, such as roadless areas, may cause the
introduction of exotic plant species, disrupt wildlife habitat, and
otherwise compromise the attributes that make roadless areas
ecologically important and often unique. Roadless areas are often
aquatic strongholds for fish of great recreational and commercial
value. These areas also often provide critical habitat and migration
routes for many wildlife species, and they are particularly important
for those species requiring large home ranges, such as the grizzly bear
and the wolf.
The effects of road construction may persist for decades. Many of
the remaining areas with the National Forest System are in areas with
steep slopes that surround headwater streams. Road construction
increases the risk of erosion, landslides, and slope failure, which may
compromise critically important water quality. Until new and improved
analytical tools can be developed and implemented to evaluate the
positive benefits and adverse impacts of roads, the adoption of an
interim rule to temporarily suspend road construction or reconstruction
within National Forest System roadless areas is viewed as critical to
preserve land and resource management options.
Draft Proposed Interim Rule
The agency proposes to temporarily suspend road construction
activities, including the construction of temporary roads on National
Forest System roadless areas, through issuance of an interim rule to a
new Sec. 212.13 of Part 212 of Title 36 of the Code of Federal
Regulations. Specifically, the interim rule would apply the temporary
suspension to roadless areas of 5,000 acres or more inventoried in RARE
II (Roadless Area Review and Evaluation) and other unroaded areas,
regardless of size, identified in a forest plan; unroaded areas greater
than 1,000 acres contiguous to Congressionally-designated Wilderness or
contiguous to federally-administered components of the National Wild
and Scenic Rivers System that are classified as ``Wild''; and all
unroaded areas greater than 1,000 acres contiguous to roadless areas of
5,000 acres or more on other federal lands. In addition, the suspension
would apply to two other categories: (1) any National Forest System
(NFS) area of low-density road development or (2) any other NFS area
that retains its roadless characteristics which the Regional Forester
subsequently determines have such special and unique ecological
characteristics or social values that no road construction or
reconstruction should proceed. The agency does not anticipate that
Regional Foresters will create a new inventory of roadless areas that
meet the criteria of these latter two categories. Rather, it is
expected that Regional Foresters will apply these categories on a
project-by-project basis. Examples of areas that might be considered
under these latter categories are areas needed to protect the values of
municipal watersheds, including public drinking water sources, or to
provide habitat for listed or proposed endangered and threatened fish,
wildlife, or plants. Another example might be the National Forest
System roadless areas listed in Table 5.1 of the Southern Appalachian
Area Assessment, Social/Cultural/Economic Technical Report, Report 4 of
5, July 1996.
The suspension would remain in effect until any suspended road
construction could be evaluated using the new analytical tools that are
being developed, but no longer than 18 months from the effective date
of the interim rule.
The proposed interim rule would expressly exempt four categories of
roadless areas from the temporary suspension of road construction and
reconstruction:
1. Roadless areas within National Forests that have a signed Record
of Decision revising their forest plans and have completed the
administrative appeal process as of the effective date of the rule.
2. Roadless areas within National Forests that have a signed Record
of
[[Page 4353]]
Decision revising their forest plans on which the administrative appeal
process is underway, but not completed as of the effective date of the
rule.
3. Roadless areas in Washington, Oregon, and California within
those portions of National Forests encompassed by the Northwest Forest
Plan; and
4. Road construction or reconstruction in roadless areas needed for
public safety or to ensure access to private lands pursuant to statute
or outstanding and reserved rights.
The exemptions for final revised forest plans and for the Northwest
Forest Plan recognize the currency of the scientific information,
evaluations, public participation, and decisions made in these plans
and the need to minimize disruption in programs of work. The proposed
interim rule also recognizes the necessity to ensure public safety and
access to private property. The exemption for revised plans currently
under appeal also honors exiting decisionmaking and administrative
appeal processes and seeks to avoid undue interruptions or interference
with established planning processes. We specifically request comment on
whether additional measures are needed to implement exemption (b)(2).
The proposed interim rule would not modify, suspend, or cause to be
re-examined any existing permit, contract, or other instrument
authorizing occupancy and use of the National Forest System, any land
and resource management plan, any land allocation decision, or other
management activity or use within roadless areas in which road
construction or reconstruction are temporarily suspended. The intent is
not to halt active management of roadless areas but to protect their
values while improved analytical tools are developed to better assess
the impacts of road construction on roadless area values.
Regulatory Impact
Under the proposed interim rule, some currently planned land
management projects that are dependent on new road construction, such
as timber sales and ecosystem restoration activities, may not be
implemented in the timeframe currently planned. During the interim
period, some projects may proceed in an altered form and some may be
postponed until such time that the road assessment process is
implemented. Those projects may eventually be altered as a result of
new information provided by the forest road assessment process. It is
difficult to estimate with precision the costs and benefits associated
with deferring projects due to considerable variation in site-specific
factors; the fact that projects are in various stages of development
and readiness to execute; the fact that planning and analysis often
take much longer to complete than originally anticipated; and the fact
that some project work can be shifted to other sites outside roadless
areas.
Nationwide, the agency estimates that of the total 3.8 billion
board feet planned for FY 1998, the volume of timber actually offered
for sale will be reduced by 100-275 million board feet. Although the
actual amounts are very difficult to estimate, this reduction in timber
volume offered could lead to corresponding reductions in employment and
in payments to states. It is expected that the Intermountain and
Northern Regions of the National Forest System will experience a
disproportionately higher effect from the suspension than other
geographic regions of the country, due to the higher dependence on
roadless areas for timber production in these regions.
While the delay in these projects will have some adverse economic
impact in the short term, these impacts are offset by the benefits to
be gained from the temporary suspension of road construction and
reconstruction in these areas. The benefits would include the
prevention of an increased risk of erosion, landslides, and slope
failure, all of which may compromise critically important water quality
in the headwater streams that are found in many of the covered roadless
areas. The temporary suspension would also help to prevent introduction
of exotic plant species into these areas. The development of a new road
analysis process would also allow currently proposed and future
projects requiring road construction to reflect current scientific
information and resource use trends. This will help managers and the
public better understand the consequences of locating and building
roads in roadless areas.
This proposed interim rule has been reviewed under USDA procedures
and Executive Order 12866 on Regulatory Planning and Review. It has
been determined that this is a significant rule because of the
importance of road policy issues. While this proposed interim measure
would create some costs associated with temporarily suspending actions
on road construction or reconstruction, the suspension is limited to
roadless areas and some low-density roaded areas and is temporary, not
to exceed 18 months. This proposed interim rule will not have an annual
effect of $100 million or more on the economy nor have a significant
adverse effect on productivity, competition, jobs, the environment,
public health or safety, nor State or local governments. Accordingly,
this proposed interim rule has been reviewed by OMB under Executive
Order 12866.
Moreover, this proposed interim rule has been considered in light
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and it is
hereby certified that 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 this
proposed interim rule on State, local, and tribal governments and the
private sector. This proposed interim rule does not compel the
expenditure of $100 million or more by any State, local, or tribal
government or anyone in the private sector. Therefore, a statement
under section 202 of the Act is not required.
Environmental Impact
Section 31.1b of Forest Service Handbook (FSH) 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 agency's assessment is that this
proposed interim rule falls within this category of actions.
Nevertheless, in furtherance of the purposes of the National
Environmental Policy Act, the agency has elected to undertake
environmental analysis and documentation prior to publication of the
final interim rule. As part of the agency scoping under its NEPA
procedures, public comment is invited.
No Takings Implications
This proposed interim rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 12630, and it has
been determined that the proposed interim rule does not pose the risk
of taking of Constitutionally-protected private property. There are no
Constitutionally-protected private property rights to be affected,
since the proposed interim rule applies only to federal lands and
explicitly ensures access to private property pursuant to statute or to
outstanding or reserved rights.
[[Page 4354]]
Civil Justice Reform Act
This proposed interim rule has been reviewed under Executive Order
12988, Civil Justice Reform. This proposed interim rule (1) preempts
all State and local laws and regulations that are in conflict or which
would impede its full implementation, (2) has no retroactive effect on
existing permits, contracts, or other instruments authorizing the
occupancy and use of the National Forest System, and (3) does not
require administrative proceedings before parties may file suit in
court challenging its provisions.
Controlling Paperwork Burdens on the Public
This proposed interim rule does not contain any recordkeeping or
reporting requirements or other information collection requirements as
defined in 5 CFR 1320 and, therefore, imposes no paperwork burden on
the public. Accordingly, the review provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501, et seq.) and implementing
regulations at 5 CFR part 1320 do not apply.
List of Subjects in 36 CFR Part 212
Highways and roads, National forests, Rights-of-way, and
Transportation.
Therefore, the Forest Service proposes an interim rule amending 36
CFR part 212 as follows:
PART 212--ADMINISTRATION OF THE FOREST DEVELOPMENT TRANSPORTATION
SYSTEM
1. The authority citation for part 212 continues to read as
follows:
Authority: Sec. 1, 30 Stat. 35, as amended sec. 205, 72 Stat.
907; 16 U.S.C. 551, 23 U.S.C. 205, unless otherwise noted.
2. Add a new Sec. 212.13 to read as follows:
Sec. 212.13 Temporary suspension of road construction in roadless
areas.
(a) Suspensions. Except as provided in paragraphs (b) and (c) of
this section, new road construction projects, including temporary
roads, and road reconstruction projects are suspended within the
following areas of the National Forest System:
(1) ALL RARE II inventoried roadless areas of 5,000 acres or more
within the National Forest System and all other roadless areas,
regardless of size, identified in a land and resource management plan;
(2) All National Forest System roadless areas greater than 1,000
acres that are contiguous to Congressionally-designated Wilderness
Areas or that are contiguous to federally-administered components of
the National Wild and Scenic River System (16 U.S.C. 1274) which are
classified as Wild;
(3) All National Forest System roadless areas greater than 1,000
acres that are contiguous to roadless areas of 5,000 acres or more on
other federal lands;
(4) Any National Forest System area, regardless of size, with low-
density road development that essentially retains its roadless
characteristics on which the Regional Forester subsequently determines
that road construction or reconstruction should not proceed, because of
the area's special and unique ecological characteristics or social
values; and
(5) Any other National Forest System area, regardless of size, that
essentially retains its roadless characteristics on which the Regional
Forester subsequently determines that road construction or
reconstruction should not proceed, because of the area's special and
unique ecological characteristics or social values.
(b) Exemptions. Road construction and reconstruction projects
within the following roadless areas are exempt from the suspension
required by paragraph (a) of this section:
(1) Roadless areas within National Forests that have a signed
Record of Decision revising their land and resource management plans
prepared pursuant to the National Forest Management Act (16 U.S.C.
1604(f)(5)) on which the administrative appeals process under 36 CFR
Part 217 has been completed as of the effective date of the final
interim rule;
(2) Roadless areas within a National Forest that has a signed
Record of Decision revising the land and resource management plan
prepared pursuant to the National Forest Management Act (16 U.S.C.
1604(f)(5)) on which the administrative appeals process under 36 CFR
Part 217 is underway as of the effective date of the final interim
rule. (For these forests, issues related to the construction of roads
in roadless areas will be addressed in the appeal decision, when
appropriate.);
(3) Roadless areas within National Forest System lands in
Washington, Oregon, and California, that are encompassed by the
Northwest Forest Plan which is described in the ``Record of Decision
for Amendments to Forest Service and Bureau of Land Management Planning
Documents Within the Range of the Northern Spotted Owl and Standards
and Guidelines for Management of Habitat for Late Successional and Old-
Growth Forest Related Species Within the Range of the Northern Spotted
Owl, April 13, 1994;'' and
(4) Road construction or reconstruction in roadless areas needed
for public safety or to ensure access provided by statute or provided
pursuant to reserved or outstanding private rights.
(c) Scope and applicability. (1) This section does not suspend or
modify any existing permit, contract, or other instrument authorizing
the occupancy and use of National Forest System land. Additionally,
this section does not suspend or modify any existing National Forest
System land allocation decision, nor is this section intended to
suspend or otherwise affect other management activities or uses within
roadless areas in which road construction or reconstruction projects
are suspended pursuant to paragraph (a) of this section.
(2) The suspensions provided by paragraph (a) of this section
remain in effect until any suspended road construction in roadless
areas can be evaluated using new analytical tools, or 18 months, which
ever is first.
(d) Effective date. The suspension of road construction and
reconstruction projects in roadless areas as provided in paragraph (a)
of this section is effective upon the date of publication of the final
interim rule.
Dated: January 22, 1998.
Mike Dombeck,
Chief, Forest Service.
[FR Doc. 98-1906 Filed 1-27-98; 8:45 am]
BILLING CODE 3410-11-M